National Green Tribunal
Mr. Rashid Noor Khan vs Ministry Of Environment Forest And ... on 27 August, 2024
Item No.02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
Original Application No.115/2024(CZ)
(Through Video Conferencing)
Rashid Noor Khan Applicant
Versus
MoEF&CC &Ors. Respondent(s)
Date of hearing:12.08.2024
Date of uploading of order: 27.08.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant : Mr. Harshwardhan Tiwari, Adv.
For Respondent(s): Mr. Dharmavir Sharma, Adv.
Mr. Yadvendra Yadav, Adv.
Mr. Satyam Jain, Adv.
Mr. Sanjeev Kumar Sharma, Adv.
with Mr. Nikunj Bihari Soni, EE(F.A.V)
ORDER
1. Issue raised in this application is violations of the provisions of the Environment (Protection) Act, 1986 and the guidelines issued vide a Environment (Protection) Act, 1986 and the guidelines issued vide a notification dated 31.12.2021 as amended vide S.O.6169(E) dated 30.12.2022 providing the disposal of fly ash and bottom fly ash in construction of roads and flyovers embankments which is required to be mandatorily used in the road constructions falling within 300 kilometres of the power house. This application has highlighted the noncompliance by the Satpura Thermal power Station Sarni for noncompliance of notification on disposal of fly ash. Fly ash resulting from coal based thermal power plants is one of the alarming and continuously increasing sources of pollution leading to degradation of soil, water and air. Fly ash generated from thermal power plant and industrial waste discharged into 1 the streams or dumped in surrounding land causes serious water and soil pollution problems. The fly ash dissolved solids, turbidity, chemical oxygen demand, alkalinity, hardness, and chlorides including concentration of copper, cadmium, zinc, lead, mercury and arsenic metals pose threats of pollution of heavy metals. Storage of fly ash beyond capacity of fly ash dykes/ponds leading threat to devastating accidents due to their /breach. Sarni Power Plant is one of the oldest Power Plant in Madhya Pradesh. Its Fly Ash pond is full of capacity and from the past three years there was no use of fly ash in road construction or supply of fly ash by the Satpura Power Station Sarni to the contractor for road construction whereas in order to conserve the top the use of flay is mandatory for road constructions. The radius for ash utilization is fixed upto 300km.
2. The matter was taken up by this Tribunal and notices were issued to the respondents. Vide order dated 13.05.2024, a committee was constituted consisting representatives of the MoEF&CC, integrated office at Bhopal; one reprehensive from Central Pollution Control Board (CPCB) and one representative from Madhya Pradesh Pollution Control Board(MPPCB) with direction to submit the factual and action taken report.
3. Report of the joint committee and replies by respondent nos. 2, 5 and 6 are on record.
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4. Heard the arguments and perused the record.
5. Contention of the applicant is that non-utilization of fly ash in construction of roads is gross violation of the environmental laws including the notification and order dated 31st December, 2021 (as amended vide S.O. 6169(E) dated 30.12.2022) which clearly states that it is the duty of the thermal power plants to dispose fly ash and bottom ash 2 by various means including supplying it for construction of roads and flyover embankments. Further the fly ash has to be mandatorily use in the road construction falling within 300kms of the Power house.
6. And further that the distance of the Bhopal from Satpura Thermal Power Station is 180 kms, distance of Nagpur from Satpura Thermal Power Station is 225 kms, distance of Indore from Satpura Thermal Power Station is less then 300 kms, distance of Obaidullaganj from Satpura Thermal Power Station is 150 kms and from Obaidullaganj to Jabalpur is near around 150 kms which is in total is less then 300kms, distance of nasrullaganj from Satpura Thermal Power Station is also then 300 kms. However, in the instant case the Satpura Thermal Power Station Sarni has not supplied any fly ash for road construction from Betul to Bhopal, from betul to Harda, road constructed between Betul to Harda Highway at Godhna, road constructed on Betul Nagpur Highway at Pankha, road constructed from Itarsi to Budni bypass no fly ash was utilized. All these work has been carried by the National High Authority of India without falling notifications and orders for disposal and utilization of the fly ash.
7. In response submitted by National Highway Authority of India (NHAI), it has been submitted that at present in State of Madhya Pradesh broadly speaking there are Three Departments which are majorly responsible for construction of roads and highways which are as follows:-
A. National Highway Authority of India.
B. Madhya Pradesh Road Development Corporation. C. Madhya Pradesh Public Works Department.
D. Madhya Pradesh Rural Road Development Corporation.
The answering respondent shall be making the submissions only with regards to the project carried out on the highways under jurisdiction of 3 NHAI Regional Office Bhopal (MP-West). The Ministry of Environment Forests and Climate Change (MoEF&CC) has issued various notifications for fly ash utilization. The principal notification was issued on 14-9- 1999, which was subsequently amended vide notifications dated 27-8- 2003, 3-11-2009, 25-1-2016, 31.12.2021. As per these notifications of the MoEF&CC, it is mandatory to use fly-ash in the construction of road or flyover embankments within a radius of 300 km of a thermal power plant. The latest notification No. 5481(E)from MoEF&CC on 31.12.2021 issued in exercise of powers conferred by Section 3 of the Environment (Protection) Act 1986. This notification was issued in supersession of Notification No 763(E) dated l4September 1999. This notification has been amended twice vide notification dated 30.12.2022 and 01.01.2024.
In pursuance of the above notification dated 31.12.2021 the Ministry of Road, Transport and Highways (MoRT&H) has issued the circular dated 26.09.2023 on `Order on usage of flyash in National Highway Construction-reg'. This circular is the Standard Operating Procedure to be followed in execution of the all the National Highway projects. This circular puts an obligation on the Contractor of the NHAI to carry out effective due diligence of the project to ensure the availability of fly ash nearby Thermal Power Plant at the bidding stage (tender of the construction project) itself. The circular issued by the MoRTH&H is followed in letter and spirit by the answering respondent. The MP PCB Regional Office, Chindwara vide letter dated 25506 dated 08.07.2024 had requested certain information regarding the present case. The answering respondent had replied to this letter by provided the appropriate information through letter no.25470 dated 02.07.2024. The answering respondent has provided the requisite details and stated that along the construction of Obdullaganj to Itari to Betul Highway the quantity of fly ash used in each of the parts (Obedullaganj to Itarsi, Itarsi to Betul and 4 Betul to Nagpur). This fly ash was procured from the Sarni Thermal Power Plant, Betul, National Thermal Power Corporation TPP Gadarwada, Shri Singa Ji TPP Dongalia and Khapaerkeda TPP, District Nagpur, Maharashtra. The highway project from Bhopal to Betul was divided into two packages namely Obedullaganj to Itarsi (Package-I) and Itarsi to Betul (Package-II). This project was a four laning development of the highway in order to boost connectivity and reduce vehicular traffic. In the construction of this Highway the Total amount of Flyash used is about 0.992 Lakh Cube meter (PIU Harda) and 10911.5 Metric Ton (PIU Bhopal). This fly ash was provided by the Sarni TPP, Betul. With regards to the construction of Highway from Betul to Nagpur 34,23,877 Metric Ton of the Fly Ash is used by the answering respondent (PIU Nagpur).
This fly ash was provided by Satpura TPP and Khpaerkeda TPP, Nagpur, Maharasthra. It is submitted that this project is around 95% completed and the fly ash has been procured and utilized in the construction of the highway. With regards to the Bhopal to Betul Highway construction fly ash has been used as stated in Table 1 attached with this reply (Annexure R-2/5). The data in this table elaborates depicts that effective representation of usage of fly ash by the answering respondent in construction of road, highway and embankments in the state of MP (including the Betul to Nagpur Highway). This table depicts the concise data provided by various unit offices of the answering respondent in the state of Madhya Pradesh (Regional Office, Bhopal-MPWest) regarding the utilization of fly ash in various projects undertaken by answering respondent throughout the state. During the construction of the highway various demand letters were issued from time to time with the concerned power plant. It is submitted that there is persistent non-resilience from the thermal power plant despite there being the MOEF&CC notification along with the directions of Hon'ble Supreme Court as well the Hon'ble 5 NGT. The power plants as mentioned in the table provide inadequate fly ash and in some cases no fly ash is provided. Answering respondent through their highway administration are duty bound to ensure that no accident take place during the construction of these highways. During the construction/development work various machines, equipment, vehicles, etc. are engaged which are present on the construction site persistently throughout the construction. There are digging works, utility shifting and other similar activities which disrupt the normal flow of ongoing traffic. The same may give rise to potential black spots which needs to be rectified and to ensure the same the answering respondent has a duty to complete the project in a timely manner thereby ensuring the standards of road safety are maintained at all times. This also ensures the compliance of the directions passed by the Hon'ble Supreme Court Committee on Road Safety. Timelines are necessary to be followed otherwise the cost of project escalates significantly which results in to loss the Department and thereby the public exchequer. The Concessionaire/Contractor of the project invests heavily in these highway project to ensure timely completion thereby making the project financially viable for them. The same is in public interest as the main purpose of these projects is to ensure facilitation of the public at large on the national highways.
8. The Government in various Projects being developed by institutions are using Red Bricks and are also giving preference to Auto Clave Aerated Concrete Blocks (AAC) Blocks which are not categorized as Fly Ash Products by the BIS.
9. The mentioned notification not only mandates use of Fly Ash Bricks/ Blocks/ Tiles up to 300Kms of Thermal Power Plant but also provides for Environment Compensation of Rs. 75/sq.ft for non-use of fly 6 Ash Bricks/Blocks/ Tiles etc. that, inadequate utilization of fly ash has resulted in over exploitation of natural top soil of earth, causing damage to the environment. Further, the traditional red bricks are continued to be used which cause excessive top spoil degradation and norms for use of fly ash for manufacturing red bricks are not being followed.
10. Red Bricks are being used by the Private Builders including Government bodies for construction and development activities. That, usage of Red Bricks causes erosion of Top Soil and also contribute to the worsening of air quality which cause a potential health hazard for the people residing in the nearly locality of the districts and many Brick klins are being operated in rural and semi urban areas of the Bhopal and other neighboring districts and these illegal activities had not only caused water and air pollution but also affected the flora and fauna of the ecologically-fragile areas close to the Wildlife Sanctuary and rivers.
11. The Government departments are promoting Auto Clave Aerated Concrete (AAC) Blocks in its various projects including CM Rise School. The building specifications provided by the Environment Planning and Coordinating Organization (EPCO)has made the usage of AAC blocks for Masonary mandatory. The AAC Blocks is a cement-based product and as per Bureau of Indian standards (BIS) is categorized in non-fly ash product. The AAC Blocks also uses cement for its production which categorized as red category product. That, Concerns relating to pollution and the disposal of the large amount of ash from coal based power stations, which are the mainstay of India's power generation, are addressed through strategies like Fly ash Utillsation Plan wherein MOEF by way of its notification dated 31/12/2021 has provided in great detail procedure for utilization.
12. The Ministry of Environment, Forest & Climate Change (hereinafter 7 referred as "MoEF&CC"), Government of India, by Notification vide SO 763(E), dated 14.09.1999, as amended time to time for restricting the excavation of top soil for manufacturing of bricks and promoting the utilization of fly ash in the manufacturing of building materials and construction activity within a specified radius of 300 KM from the coal or lignite based thermal power plants. That at present MoEF&CC has issued SO 5481(E) vide dated 31.12.2021, the notification on ash utilization from coal or lignite thermal power plant in supersession of the above notification SO (763) dated 1999 except as respect things done or omitted to be done before such supersession. The notification 2021 intends to bring out a comprehensive frame work for ash utilization including system of Environmental compensation based on polluter pays principle. The applicant has summarized the provisions of notification 1999, which is not applicable in view of new notification 2021.
13. Presently Original Application No. 164 of 2018, titled as Ashwani Kumar Dubey Vs Union of India is pending before the Hon'ble National Green Tribunal, Principal Bench, New Delhi and the same is pertaining to maximize the utilization of fly ash generating from Thermal Power Plants. The Tribunal, vide Order dated 18.01.2022 in the aforementioned matter directed the constitution of "Fly Ash Management & Utilization Mission" to be jointly headed by the Secretaries of MoEF&CC, Coal and Power, Government of India and Chief Secretaries Madhya Pradesh and Uttar Pradesh.
14. Mission is responsible for issues related to handling and disposal of fly ash as well as all associated issues related to pollution cause by Thermal Power Plant (hereinafter referred as "TPP") and industries generating fly ash. It is pertinent to note here that Chief Secretary, Government of Madhya Pradesh and Chairman, Madhya Pradesh 8 Pollution Control Board are member of the mission.
15. The Fly Ash Mission constituted vide Order dated 18.01.2022 in Original Application No. 164 of 2018, titled as Ashwani Kumar Dubey Vs Union of India, are regularly holding the meetings to review the status of utilization and management of fly ash by TPPs and so far, have conducted 6 meetings dated 24.11.2022; 31.01.2023; 01.05.2023; 04.07.2023; 19.10.2023 & 31.01.2024.
16. Respondent is regularly holding the review meetings under the Chairmanship of Principal Secretary, Department of Environment, Govt. of M.P. (who is also Chairman of MPPCB) with Thermal Power Plants; National Highway Authority India; Madhya Pradesh Road Development Corporation; Urban Administration and Development Department; Public Works Department and other stakeholders to implement the provisions of Fly Ash Notification, 2021 and policy decisions undertaken by Fly Ash Mission to maximize the utilization of fly ash for different usage. That so far 5 Review Meetings dated 18.01.2023; 25.04.2023; 27.06.2023; 13.09.2023 & 09.01.2024 have been conducted between the aforementioned.
17. Chief Secretary, Government of Madhya Pradesh, taking personal cognizance of the issue, undertook Review Meetings dated 09.05.2023 with various departments of the State of Madhya Pradesh and issued directives to maximize the utilization of Fly Ash in a Ecofriendly manner such as fly ash based products, cement manufacturing, construction of road, construction of dam, filling up of low lying areas filling of mine voids etc.
18. The above joint efforts of MoEF&CC, Coal and Power, Government of India and Chief Secretaries Madhya Pradesh and various other 9 departments of Madhya Pradesh including the answering respondent have resulted in an gradual increase in fly ash utilization. That the below table enumerates the detail of use of fly ash in the State of Madhya Pradesh.
S. Period Fly Ash Fly Ash % Fly
No generation utilization Ash
. utilization
1 2021-2022 2,85,17,588.68 1,77,00,532.03 62.07
2 2022-2023 3,03,09,643.00 2,23,83,319.00 73.84
3 2022-2023 2,36,13,123.83 1,43,78,9375.00 87.00
(up to
31.12.2023)
The notification provides the use of fly ash for manufacturing of AAC blocks and MoEF&CC has notified vide SO763(E) dated 14.09.1999 that for the manufacturing of the bricks/blocks, the minimum 25% fly ash is required to be used and thus, the AAC blocks manufacturing of which is utilizing more than 25% fly ash content, cannot be termed as non-fly ash based product.
19. The answering respondent vide Notification dated 10.12.2021 regarding the categorization of industries in Red, Orange, Green & White categories have with an intent to promote the manufacturing of Fly Ash blocks, notified factories manufacturing fly ash blocks below the investment of one crore under White Category and those beyond the investment of one crore under Green Category.
20. In the case of OA No. 179/2023(CZ)decided on 08.04.2024, Madhya Pradesh Public Works Department (MPPWD) has filed the reply/response and submitted that PWD is the premier agency of Government of Madhya Pradesh engaged in Planning, Designing, Construction and Maintenance of Government assets like Roads, 10 Bridges, ROB's, Fly Overs and Buildings. The main activities of the PWD (B&R) are Construction, Upgradation and Maintenance of National Highways, Major District Roads, Other District Roads, Village Roads and Construction of Bridges, Fly Overs and ROB's in the State. The total length of Road network in PWD is about 74,115.00 kms. The Public Work Department (Bhawan) undertakes Construction of Buildings in the State in Project mode. Public Works Department is Nodal Agency for e- registration of Contractors of all Works Department in the State. The Project Director, Public Works Department, Project Implementation Unit Government of Madhya Pradesh vide Order dated 26.06.2017 re-imposed the complete ban as directed by the Government of Madhya Pradesh vide letter dated 06.09.2014, on the use of Red Bricks for any and all construction activities undertaken by the answering respondent. The content of Fly Ash used in the manufacturing of AAC Blocks is approximately 65% - 75% and the amount of Fly Ash used in manufacturing of Fly Ash Bricks is 55% - 65% which is considerably less than that of AAC Blocks. The below table enumerates in detail the components used for manufacturing of both AAC Block and Fly Ash Brick :
AAC block Fly ash brick
Fly ash 65% Fly ash 55 to
slurry 65%
Scrap slurry 16% River sand / stone 18 to
(contain 60% dust 27%
of fly ash)
Cement 12%
Lime 6% Lime 9 to
12%
Gypsum 1.3% Gypsum 5.5%
Solubles Rest
That based on the aforementioned it is apparent on the face of the record that the AAC Blocks used in construction activities are manufactured 11 with higher percentage of Fly Ash and thus ensuring maximum utilization of Fly Ash within the State of Madhya Pradesh. The Directorate for Public Instruction, Government of Madhya Pradesh vide meeting dated 28.12.2023 issued guidelines for the use of AAC Blocks. This decision has been reached through a collaborative effort, involving the heads of various government departments. A committee has been formed, consisting of department heads from different construction agencies operating within the state, as well as architects affiliated with Environmental Planning and Coordination Organization (hereinafter referred as "EPCO"). In accordance with the Indian Standard Code governing the manufacturing of AAC Blocks, as specified in IS 2185 Part- III-1984 (superseding IS 5482- 1969), reaffirmed in 2005, the utilization of fly ash is delineated in Part-B, Sub-clause 5.3, under Clause 5 (Materials). Additionally, the application of fly ash is detailed in Sub- clause 5.1.1 of Clause 5 (Materials) of the aforementioned IS code. The weight of an AAC Block is approximately one-third that of Fly Ash Brick, and due to the same the use of AAC Blocks reduced the load on buildings, and reduces the use of steel, concrete and other building materials, thus effectively reducing the building cost. The below table enumerates the drastic difference in weight of an AAC Block and Fly Ash Brick :
Unit weight 500-700kg Unit weight of 1600-1850kg of AAC block /m3 fly ash brick /m3 It is apparent from the above that such a huge weight difference between AAC Block and Fly Ash Brick results in reduced construction cost and thus saving public exchequer.
21. Submission of the learned counsel for the applicant is that this Tribunal has already taken cognizance of the matter and utilization of fly 12 ash in O.A. no. 164/2018 titled Ashwani Kumar Dubey v. Union of India & Ors. vide order dated 18.01.2022 and observed as follows :-
Conclusions and Way forward:
i. "From the above, it is seen that there is a long way to go for protecting environment and public health. The failures of the TPPs are alarming. We find no reason not to accept all the recommendations and to direct remedial action. Thus, all recommendations are accepted and further remedial action is directed to be taken by the statutory regulators which also be overseen by the joint Committees of CPCB, State PCB and the jurisdictional District Magistrates, with CPCB and State PCBs being nodal agencies. Quarterly reports may now be filed with the MoEF&CC to be considered by the Coordinating Committee being hereby constituted.
Compensation for past violations, including breach of Rihand reservoir and flyash pond of Sasan Power:
ii. With regard to past violations generally, we leave the issue of compensation determination to the joint Committees of CPCB, State PCB and District Magistrate within next three months, following due process. Compensation determination must be based on principles laid down inter alia in M.C.Mehta, (1987) 1 SCC 395, Sterlite (2013) 4 SCC 575 and Goel Ganga (2018) 18 SCC 257, having regard to the period of violation and financial capacity of the unit. Mere days of violations are not conclusive without reference to financial capacity of the units. Directions already issued on the subject will be treated as final as far as this Tribunal is concerned, subject to final orders of the Hon'ble Supreme Court in appeals filed by the concerned units, if any.
Compliance of recommendations of the Committees and road map for Future:
iii. In the light of alarming situation found on verification of the ground situation, it is clear that serious violations are continuing in failure to prevent air and water pollution by the TPPs. Requisite air pollution control devices (FGD) are not being installed, CAQMS are not being 13 installed at proper locations and connected to CPCB server, huge accumulated flyash is not being utilised nor scientifically stored, the ponds/dykes are not properly maintained resulting in polluting water sources, air and land, apart from adverse health effects and damage to the flora and fauna. Singrauli and Sonebhadra industrial areas prominently figure in the CEPI index prepared by CPCB in respect of polluted industrial areas. This Tribunal has already issued directions to take remedial measures in respect of such areas to achieve the laid down norms for air, water and soil in OA No. 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels". Though the appeals are pending before the Hon'ble Supreme Court against some of the directions, consistent with the interim orders of the Hon'ble Supreme Court, steps need to be taken to enforce environmental norms in the said areas. The said directions be complied and the statutory regulators may maintain constant vigil against any violations. Further, as responsible corporate organizations, the PPs need to discharge corporate social responsibility to honour dignity of human life and the environment. Bottlenecks in remedying the situation of not utilising accumulated flyash need to be tackled on war footing. Concerted and coordinated joint efforts by the PPs and the statutory regulators at highest levels are required. The process in which fly ash can be utilized include backfilling of mines, construction of roads, brick kilns and cement companies. It is stated during the hearing that the TPP may be prepared to provide fly ash to the brick kilns but the unresolved issue is of transportation. Such issue is not unsurmountable and can be resolved by coordination with brick kiln owners association and other stake holders. Suggested to permit brick making at or close to the site of storage of fly ash may need consideration. There is need to lay down siting, design and engineering standards for the location, disposal, maintenance and regulation of Ash Ponds as breach of a fly ash ponds result in great disaster. There is also need to undertake public health and risk impact assessment in the areas of operation of TPPs and generators of fly ash. Another obstacle pointed out is advisory issued by the Ministry of Power dated
22.9.2021 that instead of being given free, flyash should be sold which is not viable as there are no buyers perpetuating storage to the detriment of environment and public health and cost. Not only 14 such advisory is unmindful of disastrous consequences, it is also against recent statutory notification of MoEF&CC dated 31.12.2021. We find it to be so and direct that being detrimental to environment, the same will not be enforced. In compelling circumstances, to protect environment, we find it necessary to constitute a high-level Coordination Committee in exercise of our powers under section 15 of the NGT Act to be called the 'Flyash Management and Utilization Mission'. Details follow in later part of the order. Notification dated 31.12.2021 issued by the MoEF&CC extending time for utilisation of flyash:
iv. The TPPs have referred to notification dated 31.12.2021 extending timeline for utilisation of legacy flyash for 10 years, subject to scientific management and subject to 100% utilisation on average of three years and not less than 80% in any given year. We are not called upon to express any opinion about the validity of Notification dated 31.12.2021. It may appear to be a retrograde step in the face of quantity of fly ash noted earlier and continuing damage to the environment and public health unless the notification is properly understood and interpreted so as to remedy the situation. The object of the notification is not to nullify the mandate of the Air Act or standards of air quality or other norms but to provide further opportunity beyond the earlier timelines, consistent with the mandate of complying with laid down environmental norms which are part of right to life. Violation of laid down air quality and other norms cannot and is not sought to be condoned. Nor there is any bar against remedying deteriorated environment of polluted industrial areas, in the light of recommendations based on ground verification. Thus, issue of violation of norms due to unscientific management and handling of fly ash remains including action against persons responsible for pollution and accidents, apart from issue of compliance of specific conditions of notification dated 31.12.2021 remains.
v. As noted earlier, situation caused by failure of the TPPs to manage fly ash scientifically and to utilize the same within reasonable time is highly detrimental to public health and emergency measures in Mission Mode are required. Even the Notification dated 31.12.2021 15 recognizes the alarming situations which is clear from the text of the Notification itself quoted below:
"S.O. 5481(E).--Whereas by notification of the Government of India in the erstwhile Ministry of Environment and Forests vide S.O.763 (E), dated the 14th September, 1999, as amended from time to time, the Central Government, issued directions for restricting the excavation of top soil for manufacturing of bricks and promoting the utilisation of fly ash in the manufacturing of building materials and in construction activity within a specified radius of three hundred kilometres from the coal or lignite based thermal power plants;
And whereas, to implement the aforesaid notification more effectively based on the polluter pays principle (PPP) thereby ensuring 100 per cent utilisation of fly ash by the coal or lignite based thermal power plants and for the sustainability of the fly ash management system, the Central Government reviewed the existing notification; and whereas environmental compensation needs to be introduced based on the polluter pays principle;
And whereas, there is a need to conserve top soil by promoting manufacture and mandating use of ash based products and building materials in the construction sector; And whereas, there is a need to conserve top soil and natural resources by promoting utilisation of ash in road laying, road and flyover embankments, shoreline protection measures, low lying areas of approved projects, backfilling of mines, as an alternative for filling of earthen materials;
And whereas, it is necessary to protect the environment and prevent the dumping and disposal of fly ash discharged from coal or lignite based thermal power plants on land; And whereas, in the said notification the phrase 'ash', has been used which includes both fly ash as well as bottom ash generated from the Coal or Lignite based thermal power plants;
And whereas, the Central Government intends to bring out a comprehensive framework for ash utilisation including system of 16 environmental compensation based on polluter pays principle; And whereas, a draft notification on ash utilisation by coal or lignite thermal power plants in supersession of the notification of the Government of India, Ministry of Environment and Forests published in the Gazette of India, Extra Ordinary part II, section 3, sub-section (i) vide S.O.763 (E), dated the 14th September, 1999, by notification in exercise of the powers conferred under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule (5) of the Environment (Protection) Rules, 1986, was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide G.S.R. 285(E), dated the 22nd April, 2021 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of sixty days from the date on which copies of the Gazette containing the said draft provisions were made available to the public;
And, whereas all the objections and suggestions received from all persons likely to be affected thereby in respect of the said draft notification have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by subsection (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule (5) of the Environment (Protection) Rules, 1986, and in supersession of the Notification S.O.763 (E), dated the 14th September, 1999 except as respect things done or omitted to be done before such supersession, the Central Government hereby issues the following notification on ash utilisation from coal or lignite thermal power plants which shall come into force on the date of the publication of this notification, namely:-
A. Responsibilities of thermal power plants to dispose fly ash and bottom ash. -
i. Every coal or lignite based thermal power plant (including captive or co-generating stations or both) shall be primarily responsible to ensure 100 per cent utilisation of ash (fly ash, and bottom ash) generated by it in an eco-friendly manner as given in sub- paragraph (2);17
ii. The ash generated from coal or lignite based thermal power plants shall be utilised only for the following eco-friendly purposes, namely:-
(i) Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
(ii) Cement manufacturing, ready mix concrete;
(iii) Construction of road and fly over embankment, Ash and Geo-polymer based construction material;
(iv) Construction of dam;
(v) Filling up of low lying area;
(vi) Filling of mine voids;
(vii) Manufacturing of sintered or cold bonded ash
aggregate;
(viii) Agriculture in a controlled manner based on soil
testing;
(ix) Construction of shoreline protection structures in
coastal districts;
(x) Export of ash to other countries;
(xi) Any other eco-friendly purpose as notified from time to
time.
iii. A committee shall be constituted under the chairmanship of
Chairman, Central Pollution Control Board (CPCB) and having representatives from Ministry of Environment, Forest and Climate Change (MoEFCC), Ministry of Power, Ministry of Mines, Ministry of Coal, Ministry of Road Transport and Highways, Department of Agricultural Research and Education, Institute of Road Congress, National Council for Cement and Building Materials, to examine and review and recommend the ecofriendly ways of utilisation of ash and make inclusion or exclusion or modification in the list of such ways as mentioned in Subparagraph (2) based on technological developments and requests received from stakeholders. The committee may invite State Pollution Control Board or Pollution Control Committee, operators of thermal power plants and mines, cement plants and other stakeholders as and when required for this purpose. Based on the recommendations of the Committee, Ministry of Environment, Forest and Climate Change (MoEFCC) may publish such eco-friendly purpose.18
iv. Every coal or lignite based thermal power plant shall be responsible to utilise 100 per cent ash (fly ash and bottom ash) generated during that year, however, in no case shall utilisation fall below 80 per cent in any year, and the thermal power plant shall achieve average ash utilisation of 100 per cent in a three years cycle :-
Utilisation percentages of First compliance Cycle to Second compliance cycle thermal meet 100 per cent onwards, to meet 100 power plants utilisation per cent utilisation >80 per cent 3 years 3 years 60-80 per cent 4 years 3 years <60 per cent 5 years 3 years Provided that the three years cycle applicable for the first time is extendable by one year for the thermal power plants where ash utilisation is in the range of 60-80 per cent, and two years where ash utilisation is below 60 per cent and for the purpose of calculation of percentage of ash utilisation, the percentage quantity of utilisation in the year 2021- 2022 shall be taken into account as per the table below:
Provided further that the minimum utilisation percentage of 80 per cent shall not be applicable to the first year and first two years of the first compliance cycle for the thermal power plants under the utilisation category of 60-80 per cent and Provided also that 20per cent of ash generated in the final year of compliance cycle may be carried forward to the next cycle which shall be utilised in the next three years cycle along with the ash generated during that cycle.
v. The unutilised accumulated ash i.e. legacy ash, which is stored before the publication of this notification, shall be utilised progressively by the thermal power plants in such a manner that the utilization of legacy ash shall be completed fully within ten years from the date of publication of this notification and this will be over and above the utilisation targets prescribed for ash generation through current operations of that particular year :
Provided that the minimum quantity of legacy ash in percentages as mentioned below shall be utilised during the corresponding year and the minimum quantity of legacy ash is to be calculated based on the 19 annual ash generation as per installed capacity of thermal power plant.
Year from date of publication 1st 2nd 3rd - 10th Utilisation of legacy ash (in At least 20 At least 35 At least 50 percentage of Annual ash) percent percent percent Provided further that the legacy ash utilisation shall not be required where ash pond or dyke has stabilised and the reclamation has taken place with greenbelt or plantation and the concerned State Pollution Control Board shall certify in this regard. Stabilisation and reclamation of an ash pond or dyke including certification by the Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be carried out within a year from the date of publication of this notification. The ash remaining in all other ash ponds or dykes shall be utilised in progressive manner as per the above mentioned timelines.
Note: The obligations under sub-paragraph (4) and (5) above for achieving the ash utilisation targets shall be applicable from 1st April, 2022.
vi. Any new as well as operational thermal power plant may be permitted an emergency or temporary ash pond with an area of 0.1 hectare per Mega Watt (MW). Technical specifications of ash ponds or dykes shall be as per the guidelines of Central Pollution Control Board (CPCB) made in consultation with Central Electricity Authority (CEA) and these guidelines shall also lay down a procedure for annual certification of the ash pond or dyke on its safety, environmental pollution, available volume, mode of disposal, water consumption or conservation in disposal, ash water recycling and greenbelt, etc., and shall be put in place within three months from the date of publication of this notification.
vii. Every coal or lignite based thermal power plant shall ensure that loading, unloading, transport, storage and disposal of ash is done in an environmentally sound manner and that all precautions to prevent air and water pollution are taken and status in this regard shall be reported to the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) in Annexure attached to this notification.20
viii. Every coal or lignite based thermal power plant shall install dedicated silos for storage of dry fly ash silos for at least sixteen hours of ash based on installed capacity and it shall be reported upon to the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) in the Annexure and shall be inspected by Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) from time to time.
ix. Every coal or lignite based thermal power plant (including captive or co-generating stations or both) shall provide real time data on daily basis of availability of ash with Thermal Power Plant (TPP), by providing link to Central Pollution Control Board's web portal or mobile phone App for the benefit of actual user(s). x. Statutory obligation of 100 per cent utilisation of ash shall be treated as a change in law, wherever applicable. B. For the purpose of utilisation of ash, the subsequent sub-paras shall apply--
i. All agencies (Government, Semi-government and Private) engaged in construction activities such as road laying, road and flyover embankments, shoreline protection structures in coastal districts and dams within 300 kms from the lignite or coal based thermal power plants shall mandatorily utilise ash in these activities:
Provided that it is delivered at the project site free of cost and transportation cost is borne by such coal or lignite based thermal power plants.
Provided further that thermal power plant may charge for ash cost and transportation as per mutually agreed terms, in case thermal power plant is able to dispose the ash through other means and those agencies makes a request for it and the provisions of ash free of cost and free transportation shall be applicable, if thermal power plant serves a notice on the construction agency for the same.21
ii. The utilisation of ash in the said activities shall be carried out in accordance with specifications and guidelines laid down by the Bureau of Indian Standards, Indian Road Congress, Central Building Research Institute, Roorkee, Central Road Research Institute, Delhi, Central Public Works Department, State Public Works Departments and other Central and State Government Agencies.
iii. It shall be obligatory on all mines located within 300 kilometres radius of thermal power plant, to undertake backfilling of ash in mine voids or mixing of ash with external Overburden dumps, under Extended Producer Responsibility (EPR). All mine owners or operators (Government, Public and Private Sector) within three hundred kilometres (by road) from coal or lignite based thermal power plants, shall undertake measures to mix at least 25 per cent of ash on weight to weight basis of the materials used for external dump of overburden, backfilling or stowing of mine (running or abandoned as the case may be) as per the guidelines of the Director General of Mines Safety (DGMS):
Provided that such thermal power stations shall facilitate the availability of required quantity of ash by delivering ash free of cost and bearing the cost of transportation or cost or transportation arrangement decided on mutually agreed terms and mixing of ash with overburden in mine voids and dumps shall be applicable for the overburden generated from the date of publication of this notification and the utilisation of ash in the said activities shall be carried out in accordance with guidelines laid down by the Central Pollution Control Board, Director General of Mines Safety and Indian Bureau of Mines.
Explanation.- For the purpose of this sub-paragraph, it is also clarified that the provisions of ash free of cost and free transportation shall be applicable, if thermal power plants serve a notice on the mine owner for the same and the mandate of using 25 per cent of ash for mixing with overburden dump and filling up of mine voids shall not be applicable unless a notice is served on the mine owner by thermal power plant.
iv. (i) All mine owners shall get mine closure plans (progressive and final) to accommodate ash in the mine voids and the concerned 22 authority shall approve mine plans for disposal of ash in mine voids and mixing of ash with overburden dumps. The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued guidelines on 28th August, 2019 regarding exemption of requirement of Environmental Clearance of thermal power plants and coal mines along with the guidelines to be followed for such disposal.
(ii) The Ministry in consultation with Central Pollution Control Board (CPCB), Director General of Mine Safety (DGMS) and Indian Bureau of Mines (IBM) may issue further guidelines time to time to facilitate ash disposal in mine voids and mixing with overburden dumps and it shall be the responsibility of mine owners to get the necessary amendments or modifications in the permissions issued by various regulatory authorities within one year from the date of identification of such mines.
v. (i) There shall be a committee headed by Chairperson, Central Pollution Control Board (CPCB) with representatives from Ministry of Environment, Forest and Climate Change, Ministry of Power, Ministry of Mines, Ministry of Coal, Director General of Mine Safety and Indian Bureau of Mines for identification of mines for backfilling of mine voids with ash or mixing of ash with overburden dump including examination of safety, feasibility (not economic feasibility) and aspects of environmental contamination and the committee shall get updated quarterly reports prepared regarding identified mines (both underground and opencast) for the stakeholder Ministries or Departments and the committee shall start identifying the suitable mines immediately after the publication of this notification.
(ii) Thermal power plants or mines shall not wait for disposal of ash till the identification is done by the above mentioned committee, to meet the utilisation targets mandated as above. vi. Filling of low lying areas with ash shall be carried out with prior permission of the State Pollution Control Board or Pollution Control Committee for approved projects, and in accordance with guidelines laid down by Central Pollution Control Board (CPCB) and the State Pollution Control Board or Pollution Control 23 Committee (PCC) shall publish approved sites, location, area and permitted quantity annually on its website.
vii. Central Pollution Control Board after engaging relevant stakeholders, shall put in place the guidelines within one year for all types of activities envisaged under this notification including putting in place time bound online application process for the grant permission by State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs).
viii. All building construction projects (Central, State and Local authorities, Govt. undertakings, other Govt. agencies and all private agencies) located within a radius of three hundred kilometres from a coal or lignite based thermal power plant shall use ash bricks, tiles, sintered ash aggregate or other ash based products, provided these are made available at prices not higher than the price of alternative products.
ix. Manufacturing of ash based products and use of ash in such products shall be in accordance with specifications and guidelines laid down by the Bureau of Indian Standards, Indian Road Congress, and Central Pollution Control Board. C. Environmental compensation for non-compliance- i. In the first two years of a three years cycle, if the coal or lignite based thermal power plant (including captive or cogenerating stations or both) has not achieved at least 80 per cent ash (fly ash and bottom ash) utilisation, then such noncompliant thermal power plants shall be imposed with an environmental compensation of Rs. 1000 per ton on unutilised ash during the end of financial year based on the annual reports submitted and if it is unable to utilise 100 per cent of ash in the third year of the three years cycle, it shall be liable to pay an environmental compensation of Rs. 1000 per ton on the unutilised quantity on which environmental compensation has not been imposed earlier:
Provided that the environmental compensation shall be estimated and imposed at the end of last year of the first compliance cycle as per the various utilisation categories as mentioned in sub-24
paragraph (4) of Para A. ii. Environmental compensation collected by the authorities shall be deposited in the designated account of Central Pollution Control Board.
iii. In case of legacy ash, if the coal or lignite based thermal power plant (including captive or co-generating stations or both) has not achieved utilisation equivalent to at least 20 per cent (for the first year), 35 per cent (for the second year), 50 per cent (for third to tenth year) of ash generated based on installed capacity, an environmental compensation of Rs. 1000 per ton of unutilised legacy ash during that financial year shall be imposed and if the utilization of legacy ash is not completed at the end of 10 years, an environmental compensation of Rs.1000 per ton shall be imposed on the remaining unutilised quantity which has not been imposed earlier.
iv. It shall be the responsibility of the transporters or vehicle owner to deliver ash to authorised purchaser or user agency and if it is not complied, then an environmental compensation of Rs. 1500 per ton on such quantity as mis-delivered to unauthorised users or non- delivered to authorised users will be imposed besides prosecution of such non-compliant transporters by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC). v. It is the responsibility of the purchasers or user agencies to utilise ash in an eco-friendly manner as laid down at para B of this notification and if it is not complied, then an environmental compensation of Rs. 1500 or per ton shall be imposed by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
vi. If the user agencies do not utilise ash to the extent obligated under para B or the extent to which they have been intimated through Notice(s) served under sub-paragraph (1) of para D, whichever is lower, they shall be liable to pay Rs. 1500 per ton of ash for the quantity they fall short off:
Provided that the environmental compensation on building 25 constructions shall be levied at Rs.75/- per square feet of built up area of construction.
vii. (i) The environmental compensation collected by Central Pollution Control Board from the thermal power plants and other defaulters shall be used towards the safe disposal of the unutilised ash and the fund may also be utilised for advancing research on use of ash including ash based products.
(ii) The liability of ash utilisation shall be with thermal power plants even after imposition of environmental compensation on unutilised quantities and in case thermal power plant achieves the ash utilisation of any particular cycle after imposition of environmental compensation in subsequent cycles, the said amount shall be returned to thermal power plant after deducting 10 per cent of the environmental compensation collected on the unutilised quantity during the next cycle and deduction of 20 per cent, 30 per cent, and so on, of the environmental compensation collected is to be made in case of utilisation of ash in subsequent cycles.
D. Procedure for supply of ash or ash based products.-- i. The owner of thermal power plants or manufacturers of ash bricks or tiles or sintered ash aggregate shall serve written notice to persons or agencies who are liable to utilise ash or ash based products, offering for sale, or transport or both. ii. Persons or user agencies who have been served notices by owner of thermal power plants or manufacturers of ash bricks or tiles or sintered ash aggregate, if they have already tied up with other agencies for the purpose of utilisation of ash or ash products, shall inform the thermal power plant accordingly, if they cannot use any ash or ash products or use reduced quantity. E. Enforcement, Monitoring, Audit and Reporting.-- i. The Central Pollution Control Board (CPCB) and the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be the enforcing and monitoring authority 26 for ensuring compliance of the provisions and shall monitor the utilisation of ash on quarterly basis. Central Pollution Control Board shall develop a portal for the purpose within six months of date of publication of the notification. The concerned District Magistrate shall have concurrent jurisdiction for enforcement and monitoring of the provisions of this notification. ii. (i) Thermal power plants shall upload monthly information regarding ash generation and utilisation by 5th of the next month on the web portal. Annual implementation report (for the period 1st April to 31st March) providing information about the compliance of provisions in this notification shall be submitted by the 30th day of April, every year to the Central Pollution Control Board, concerned State Pollution Control Board or Pollution Control Committee (PCC), Central Electricity Authority(CEA), and concerned Integrated Regional Office of Ministry of Environment, Forest and Climate Change by the coal or lignite based thermal power plants. Central Pollution Control Board and Central Electricity Authority shall compile the annual reports submitted by all the thermal power plants and submit to Ministry of Environment, Forest and Climate Change by 31st May. ii. All other user agencies shall submit consumption or utilisation or disposal of ash and use of ash based products as mandated in this notification in the compliance report of Environmental Clearance (EC) issued by Ministry of Environment, Forest and Climate Change or State Level Environment Impact Assessment Authority (SEIAA) or Consent to Operate (CTO) issued by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), whichever is applicable. The Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall publish annual report of ash utilisation of all other agencies except thermal power plants to review the effective implementation of the provisions of the notification.
iii. For the purpose of monitoring the implementation of the provisions of this notification, a committee shall be constituted under the Chairperson, Central Pollution Control Board CPCB), with 27 members from Ministry of Power, Ministry of Coal, Ministry of Mines, Ministry of Environment, Forest and Climate Change, Ministry Road Transportation and Highways, Department of Heavy Industry as well as any concerned stakeholder(s), to be nominated by the Chairman of the committee. The committee may make recommendations for effective and efficient implementation of the provisions of the notification. The committee shall meet at least once in six months and review annual implementation reports and the committee shall also hold stakeholder consultations for monitoring of ash utilisation as mandated by this notification by inviting relevant stakeholder(s) at least once in six months.
The committee shall submit the six monthly report to Ministry of Environment, Forest and Climate Change (MoEFCC). iv. For the purpose of resolving disputes between thermal power plants and users of ash or manufacturer of ash based products, the State Governments or Union territory administration constitute a Committee within three months from the date of publication of this notification under the Chairman, State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) with representatives from Department of Power, and one representative from the Department which deals with the subject of concerned agency with which dispute is made.
v. The compliance audit for ash disposal by the thermal power plants and the user agency shall be conducted by auditors, authorised by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) by 30th November every year. Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall initiate action against noncompliant thermal power plants within fifteen days of receipt of audit report."
22. Learned Counsel for NHAI has further submitted that MoEF&CC has further issued a notification dated 30.12.2022 with certain modifications which is as follows:
28
"Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with of sub-rule (1), (2) and (4) of rule (5) of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the ash utilisation notification namely:-
In the ash utilization notification:-
(1) in paragraph A,-
(i) in sub-paragraph (4), after the third proviso, the following shall be inserted, namely,-
"Provided also that new thermal power plants commissioned on or after the date of publication of this notification shall follow the first compliance cycle similar to the compliance cycle specified for thermal power plants having utilisation per cent. less than 60 per cent. as specified in the table. [ Note: The utilisation targets as per the applicable compliance cycle shall commence from 1st April, 2022.".
(ii) in sub- paragraph (5),-
(a) in the opening paragraph, for the words "the date of publication of this notification", the figures, letters and word "1 st April, 2022" shall be substituted;
(b) in the second proviso, -
(i) after the words "green belt or plantation", the words, brackets, letters and figure "or solar power plant or wind power plant as per the guidelines issued by the Central Pollution Control Board (CPCB) as specified in sub-para (6)" shall be inserted,
(ii) the words, brackets and letters "Central Pollution Control Board (CPCB) or" shall be deleted,
(iii) for the words "a year", the words "three years" shall be substituted,
(iv) for the words "the date of publication of this notification", the figures, letters and word "1 st April, 2022" shall be substituted.
(c) after the second proviso, the following proviso shall be inserted, namely:
"Provided that ash stored in all ash ponds or dykes other than operational ash pond or dyke designated for temporary storage of ash as specified in sub-para (6) shall constitute the legacy ash and either to be reclaimed or stabilised or utilised.".29
(iii) for sub- paragraph (6), the following sub-para shall be substituted, namely,-
"(6) Any new as well as operational thermal power plant may be permitted operational ash pond or dyke for temporary storage of ash within an area of 0.1 hectare per Mega Watt (MW). Technical specifications of operational as well as stabilised and reclaimed ash ponds or dykes shall be as per the guidelines of the Central Pollution Control Board (CPCB) made in consultation with the Central Electricity Authority (CEA) and these guidelines shall also lay down a procedure for annual certification of the operational as well as stabilised and reclaimed ash pond or dyke on its safety, environment pollution, available volume, mode of disposal, water consumption or conservation in disposal, ash water recycling and green belt, etc. and shall be put in place within three months from the date of publication of this notification:
Provided that up to two operational ash ponds or dykes for thermal power plants commissioned before 31 st December, 2021, having installed capacity less than or equal to 1600 MW, and up to four operational ash ponds or dykes for thermal power plants having installed capacity more than 1600 MW, having multiple lagoons, within the specified area from the existing ash ponds or dykes, may be designated with clear demarcation along with coordinates, and shall inform to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) by 31st March, 2023:
Provided further that one ash pond or dyke shall be permitted in case of new thermal power plants or expansion of existing thermal power plants commissioned on or after 31 st December, 2021, which shall inform the details of demarcation along with coordinates to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) within 3 months from the date of commissioning of thermal power plant or by 31st March, 2023, whichever is later:
Provided also that coal and lignite based thermal power plants shall not be allowed to further establish or designate any new operational ash pond or dyke:
Provided also that specification of 0.1 hectare per Mega Watt (MW) of an operational ash pond or dyke shall not be applicable for the thermal power plants commissioned before 03 rd November, 2009.".
(2) in paragraph B,-30
(i) in sub- paragraph (1), for the words, figures and letters "within 300 kms", the words, figures and letters "within a radius of 300 kms" shall be substituted,
(ii) in sub- paragraph (8), for the words "higher than the price of alternative products", the words, brackets and letters "more than the price mentioned in the Schedule of Rates as specified by Central Public Works Department (CPWD) or concerned Public Works Department (PWD) or price of alternative products, if not mentioned in the Schedule of Rates." shall be substituted.
(3) in paragraph -D, -
(i) for sub- paragraph (2), the following sub- paragraph shall be substituted, namely,-
"(2) Persons or user agencies who have been served notice by owner of thermal power plants, if they have already tied up with other agencies for the purpose of utilisation of ash, shall inform the thermal power plant accordingly, and if they cannot use any ash or may use reduced quantity.".
(ii) after sub- paragraph (2), the following sub-para shall be inserted, namely,-
"(3) Persons or user agencies who have been served notice by manufacturers of ash bricks or tiles or sintered ash aggregate or other ash based products, if they have already tied up with other agencies for the purpose of utilisation of ash based products, shall inform the manufacturer of ash bricks or tiles or sintered ash aggregate or other ash based products, accordingly, and if they cannot use ash based products, or may use reduced quantity.".
2. This notification shall come into force on the date of its publication in the Official Gazette.
[F. No. HSM-9/1/2019-HSM] NARESH PAL GANGWAR, Addl. Secy."
23. This notification was further modified vide notification dated 01.01.2024 which provides as follows:-
"MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 1st January, 2024 S.O. 05(E).--Whereas, the Central Government in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule (5) of the Environment (Protection) Rules, 1986, issued a notification published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O.5481(E), dated the 31st December, 2021;31
AND WHEREAS, requests have been received from Ministry of Power and other stakeholders regarding implementation of provisions of the said notification;
AND WHEREAS, it is expedient to amend certain provisions of the said notification to promote use of ash for eco-friendly purposes, including use of ash in ash-based products manufactured by micro and small enterprises engaged in ash-based product manufacturing;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with of sub-rule (1), (2) and (4) of rule (5) of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the ash utilisation notification, namely:-
In the ash utilisation notification,-
(1) In paragraph B,-
in sub-paragraph (1), for both the provisos, the following proviso shall be substituted, namely: -
"Provided that the coal or lignite based thermal power plant has given a notice to such agencies for making available ash to such agencies for which cost of ash and transportation shall be borne by the coal or lignite based thermal power plant."
in sub-paragraph (8), the following shall be substituted, namely:
"All building construction projects (Central, State and Local authorities, Govt. undertakings, other Govt. agencies and all private agencies) located within a radius of 300 kms from a coal or lignite based thermal power plant shall use ash bricks, tiles, sintered ash aggregate or other ash based products, provided these are made available at prices not more than the price mentioned in the Schedule of Rates as specified by the Central Public Works Department (CPWD) or Public Works Department (PWD) of the State concerned or price of alternative products, if not mentioned in the Schedule of Rates.
That the Central Public Works Department and Public Works Department of the State concerned shall publish the Schedule of Rates specified within six months from the 1st January, 2024."
after sub-paragraph (9), the following sub-paragraph shall be inserted, namely:
"(10) All local authorities shall make provisions in their respective building bye-laws and other relevant regulations for the use of ash and ash-based 32 products, such as bricks, blocks, tiles, sintered or cold bonded ash aggregates, fibre cement sheets, pipes, boards, panels in construction of buildings, roads, embankments or for any other related construction activity."
(2) In paragraph D,-
for paragraph (1), the following shall be substituted, namely:
"(1) The owner of thermal power plants shall give a written notice to persons or agencies who are required to utilise ash under sub-paragraph (1) & (3) of paragraph B for offering the supply of ash free of cost and bearing cost of transportation, with a copy to concerned State Pollution Control Board.
(1A) The manufacturers of ash bricks or tiles or sintered ash aggregate or other ash-based products shall give a written notice to persons or agencies who are required to utilise ash-based products under sub-paragraph (8) of paragraph B for offering for sale of such products with a copy to concerned State Pollution Control Board."
after sub-paragraph (3), the following sub-paragraphs shall be inserted, namely:
"(4) The coal or lignite based thermal power plants, while utilising ash under this notification shall reserve certain percentage of ash for supply to all micro and small enterprises engaged in ash-based product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fibre cement sheets, pipes, boards, panels for sale at concessional price or through limited auction in accordance with the guidelines issued by the Central Government in the Ministry of Power."
[F. No. 09/01/2019-HSMD] NARESH PAL GANGWAR, Addl. Secy."
24. In compliance of the above order, Ministry of Road Transport & Highways, Government of India had issued a circular dated 26.09.2023 in order to use the fly ash in National Highway Construction in following words:-
"1. The mandatory use of flyash/ pond ash has been stipulated by MOEFE &CC vide gazette notification no. 5.0.763 (E) dated 14.09.1999 and subsequent amendments vide notifications dated 27.08.2003, 03.11.2009,
25.01.2016 and 31.12.2021. This order is being issued based on interpretation of MOEFE&CC's notification and its subsequent amendments for National Highway contracts for which bids have been received between 33 25.01.2016 and 31.12.2021.
2.Relevant provisions of MoEFEtCCs notifications published from time to time are brought out as follows: -
2.1. As per para-1 sub para (5) notification of MOEFELCC the mandatory use of flyash in road construction flows from notification dated 25.01.2016 (read in conjunction with notification dated 03.11.2009): -
"No agency, person or organization shall, within a radius of three hundred kilometers of a thermal power plant undertake construction or approve design for construction of roads or flyover embankments with top soil; the guidelines or specifications issued by the Indian Road Congress (IRC) as contained in IRC specification No. SP: 58 of 2001 as amended from time to time, regarding use of fly ash shall be followed and any deviation from this direction can only be agreed to on technical reasons if the same is approved by Chief Engineer (Design) or Engineer- in-Chief of the concerned agency or organization or on production of a certificate of "fly ash not available" from the thermal power plant(s) (TPPs) located within three hundred kilometers of the site of construction and this certificate shall be provided 2.2 Para- 3, sub para 8 of MOEF Et CC's Notification dated 25.01.2016 inter-alia stipulated: -
"It shall be the responsibility of all State Authorities approving various construction projects to ensure that Memorandum of Understanding or any other arrangement for using fly ash or fly ash based products is made between the thermal power plants and the construction agency or contractors."
2.3 As per para-2, sub para 14 of MOEF Et CC's Notification dated 25.01.2016: -
"The coal or lignite based thermal power plants shall within a radius of three hundred kilometers bear the entire cost of transportation of ash to the site of road construction projects under Pradhan Mantri Gramin Sadak Yojna and asset creation programmes of the Government involving construction of buildings, road, dams and embankments".
2.4 The Ministry vide D.O. No. NH - 35014/18/2016-H dated 04.12.2017 conveyed to the Ministry of Power that MoEFEtCC vide letter dated 23.08.2017 had informed that the meaning of the words "Assets Creation Programmes of the Government" may be read in the context of projects carried out under certain plan scheme of the Government 34 Department; the Ministry clarified that the projects being implemented by NHAI come under Plan Scheme of Assets Creation of Government in the view of the fact that National Highways are infrastructure assets which promote economic activity; moreover all National Highways are assets belonging to the Ministry and NHAI by way of entrustment. The Ministry of Power was accordingly requested to look into the matter and provide necessary instructions to concerned officers on the matter of cost of transportation of fly ash for National Highways Projects. 2.5 Accordingly, National Highways projects by virtue of qualifying under "Assets Creation Programme" are covered under para 2 sub para 14 of MOEFEtCC Notification dated 25.01.2016 (Ref. para 2.3 ante) whereby the Thermal Power Plants are obligated to supply flyash at construction site of National Highways projects, situated within 300 km of the TPPs and also shall bear entire cost of transportation as per aforementioned Notification.
2.6 As per para B. (1) of MOEF a CC Notification dated 31.12.2021: -
"All agencies (Government, Semi-government and Private) engaged in construction activities such as road laying, road and flyover embankments, shoreline protection structures in coastal districts and dams within 300 kms from the lignite or coal based thermal power plants shall mandatorily utilise ash in these activities:
Provide that it is delivered at the project site free of cost and transportation cost is borne by such coal or lignite based thermal power plants.
Provided further that thermal power plant may charge for ash cost and transportation as per mutually agreed terms, in case thermal power plant is able to dispose the ash through other means and those agencies makes a request for it and the provisions of ash free of cost and free transportation shall be applicable, if thermal power plant serves a notice on the construction agency for the same."
3.0 Difficulties have been experienced in implementation of the provisions stipulated vide the MOEF Et CC Notification dated 25.01.2016 primarily due to following reasons: -
(i)Non-execution of Memorandum of Understanding or any other arrangement for using fly ash or fly ash based products between the thermal power plants and the construction agency or contractors;
(ii)Provisions such as the following incorporated in some Contract 35 Agreements executed by the agencies of the Ministry:
"Circular no. 24028/14/2018-H dated 27.08.2018 said that in construction of embankment, fly ash will be used if any thermal and lignite based power plant is available in the periphery and the cost of transportation of ash for road construction projects or for manufacturing of ash based products or use as soil conditioner in agriculture activity within a radius of hundred kilometers from a coal or lignite based thermal power plant shall be borne by such coal or lignite based thermal power plant as it is located in (name of place) which is within a radius of hundred kilometres.";
(iii)Ambiguous interpretation of Specific Contract provisions of National Highways projects read in conjunction with provisions stipulated in the MOEF Et CCs Notification dated 25.01.2016 in cases where fly ash is not delivered at the project site free of cost by coal / lignite based thermal power plants and / or transportation cost is also not borne by them.
4. The Ministry requested the Ministry of Power to consider resolving the issue of mandatory utilization of fly ash for National Highways projects (for which bids were received after 25.01.2016 and before 31.12.2021) in consultation with all concerned stakeholders. Accordingly, a meeting was held under the Chairmanship of Hon'ble Minister of Power on 14.06.2023 which was attended by the Secretary (Power), Secretary (RTEtH), Chairman (NHAI), Senior Representatives from Central Electricity Authority, NTPC Ltd. and other officers from these stakeholder organizations. After detailed deliberations in the said meeting, the decisions taken were conveyed vide the Ministry of Power 0.M No. 309/3/2022- St.Th. dated 26.06.2023, which were as follows : -
(i)The Ministry of Road Transport and Highways will provide a list of road projects for which bids were received between years 2016 to 2021 to the MoP along with remaining ash quantity required in these projects.
(ii)The following SOP shall be followed in respect of the list of projects referred to in (i). above:
a. Wherever the ash is available, it shall be provided by the thermal power plants (TPPs) as per the provisions of the MoEFEtCC's 2016 Notification.
b. Where the ash available with TPPs has already been auctioned and there is no issuable ash, TPPs may issue a `No Availability Certificate' to MORTH/NHAI so that an alternative arrangement may be looked for, by the MORTH/NHAI contractors.36
c. If the issuable ash is in the process of being tied-up as per the MoPs advisory, then TPPs will first supply the ash free of cost with free transportation to the road projects for which bid due date is between January 2016 and December 2021. Remaining balance quantity, after meeting the requirement of the MORTH/NHAI road projects, may be disposed as per the MoP's advisory dated 22.02.2022.
Thermal Power Plants which are providing ash free of cost but are not bearing the transportation cost, shall be directed to bear the transportation cost as per the provisions in the MoEFEtCC's January 2016 Notification in case of MoRTH/NHAI projects bid out between the years 2016 to 2021.
(iii) Ministry of Power shall take action against those IPPs/State Plants which don't follow their statutory obligations regarding supply of ash to road projects of NHAI/MoRTH.
(iv)MoRTH will explore measures to curb inflated billing against free of cost ash transport. This may include identifying shortest route of transportation, creation of check posts in the identified route, geo tagging etc. The MoRTH/NHAI contractors must be obligated to share the details of the vehicles transporting ash to the road projects, with the thermal power plant owners for proper accounting by the TPPs for the cost, as a reimbursement towards the transportation cost.
5. The relevant provisions of Notifications of MOEF Et CC regarding use of fly ash makes this amply clear that mandatory use of fly ash for construction of embankments and approaches of National Highways projects, in case of TPPs situated within 300 km radius of such projects, shall not be insisted by MoRTH/NHAI in National Highways projects for which bids were received after 25.01.2016 and before 31.12.2021 only in the following two conditions: -
(i)If `No Availability Certificate' of fly ash is obtained from TPPs situated within radius of 300 km of site;
(ii)The Chief Engineer (Design) or Engineer-in-Chief, i.e. Highest Technical officer of the Authority approves deviation as per para-1 sub para (5) of MOEF£tCC notification dated 25.01.2016 (read in conjunction with notification dated 03.11.2009).
6. In the light of the foregoing, following clarifications are, accordingly, issued for mandatory utilization of fly ash in National Highways projects for which bids were received after 25.01.2016 and before 31.12.2021: -
In case one of following two conditions arise, 37 Either, (a) If `No Availability Certificate' of fly ash is obtained from TPPs situated within radius of 300 km of site;
Or, (b)The Chief Engineer (Design ) or Engineer-in-Chief, i.e. Highest Technical officer of the Authority approves deviation as per para-1 sub para (5) of MOEFEtCC notification dated 25.01.2016 (read in conjunction with notification dated 03.11.2009);
(i) the Contractors of the Authority i.e. (NHAI/MoRTH/NHIDCL/ PWDs/ BRO) shall make arrangements for alternate material for embankment construction.
(ii) It is the responsibility of the contractor to carry out due diligence of the project at bid stage regarding availability of fly ash from the nearby TPPs keeping in mind that in case of non-availability of fly ash from TPPs, the Authority shall accordingly permit use of alternate material such as soil, sand, etc. arranged on its own by the bidder/contractor for construction of embankment and/or approaches to the structures.
(iii) The Authority (MoRTH/NHAI/ NHIDCL/ BRO/ PWDs) shall not bear the cost of fly ash/cost of alternate material/cost of transportation, etc.
(iv) However, the non-availability of fly ash to the projects or inadequate/ slow supply of fly ash to the project site shall be treated as Non-political event under force majeure clause of Agreement and both Parties (Authority and the Contractor) shall not have any claim on each other on this account.
7. All the cases, in this regard, shall be dealt accordingly".
25. Status of fly ash utilization has been provided by National Highway Authority of India in the State of Madhya Pradesh as follows:-
"2. Status of flyash utilization by NHAI in various road construction works has been sought for following projects-
1. Betul to Bhopal under PIU Bhopal Et Harda
2. Betul to Harda under PIU Harda
3. Betul to Nagpur under PIU Nagpur-2 "3. The details were sought from all PIUs in which information has been received except PIU Nagpur-2. The same has been informed vide this office letter dated 02.07.2024.
4. Now, PIU Nagpur-2 vide mail dated 06.07.2024 has provided the information of the flyash used in the project Betul to Nagpur. The information is as follows in the desired format-38
Status Qty of of any Flyash payment supplied Road Work Length No. Period of made to Name of the Construction completion in Metric Name of Power of of Flyash road stretch Started on Tonn date Road lanes Utilization Power Plant Plant Obedullaganj !tarsi Exclusing 14.11.2017 14.11.2017 07.12.2021 46.300 4 10912 STPSS, Sarni Nil Ratapani to Section (NH-
07.12.2021
46)
Ratapani 28.09.2022
NTPC,
Section (NH- to
28.09.2022 25.10.2024 12.380 4 1668.9 Gadarwara
25.10.2024 Nil
46)
!tarsi Betul 22.02.2018
Section (NH-
22.02.2018 30.09.2024 73.955 4 109120 to STPSS, Sarni Nil
46)
30.09.2024
NTPC,
10.09.2021
Gadarwara
Harda Betul 660000
10.09.2021 07.09.2023 30.000 4 to SSTPP, Nil
P1 57200 Dongalia
07.09.2023
15.09.2021
Harda Betul NTPC,
15.09.2021 13.12.2023 40.248 4 266200 to Nil
Gadarwara
P3 13.12.2023
20.01.20 STPSS,Sarni Nil
12 to STPSS,Section
(MP Sarni
8,55,304( feb-2015 Khaparkheda
(MP Section)
8,55,304 Nil
MP Section Power Plant,
Khaparkheda
Betul Nagpur 20.01.2012 Feb-2015 174.512 (MP
4 25,68,58( Koradi Power
Power Plant,
20.01.2012 Plant(MH
MHSection) Koradi
25,68,583
Section to Feb- Section)Power
(MH 2015 Plant(MH
Section) Section)
Note- The quantities has been provided by PIU Harda is in Cum unit.
The same has been converted to MT taking density of 1.1 gm/cc."
26. This Tribunal has also constituted the committee to visit the site and submit factual and action taken report. In compliance, thereof, members of the committee visited the site and submitted the report as follows:
"2.0 Observations of the committee The committee visited M/s Satpura Thermal Power Plant, Sarani on 39 10th July 2024. The committee visited the fly ash dykes, Ash Water Recirculation System, ESP area, fly ash silos etc. to account the status of pollution inside the premise & at ash dykes. Secondly, committee had detailed discussion on the various means of fly ash utilization adopted by the project proponent and the status of fly as disposal in construction of the road & embankment. The committee also had discussion with National Highway Authority of India (NHAI), Obedullaganj Itarsi Section Sh Satyendra, Authority Engineer for the status of utilization of the fly ash in the construction of the Natioanl Highways specifically from Betul to Bhopal, Betul to Harda, Betul to Harda Highway at Godhna, Betul to Nagpur Highway at Pankha and Itarsi to Budni bypass.
The committee also collected information related to operational status of the plant, total nos. of ash dykes, their operational status, status of fly ash audit and stability study of the dykes. Based on the discussion held with Sh V K Kaithwar, Chief Engineer & other representative of power plant and Sh Satyendra, Authority Engineer and the observation made during the field visit following is recorded as factual status:
On the day of visit i.e. 10.7.2024, only Unit No. 10 & 11 were operational. Both the unit has 250MW power generating capacity. The generation from Unit#10 & Unit#11 was 5.958 Million KW & 5.874 Million KW respectively. The average generation was 248 MW & 245 MW respectively. Unit#1 to Unit#5 each of 62.5MW were non-
operational since 2012-13 and later got dismantled. Further the Unit#6 to Unit#9 are also under shutdown and proposed for de- commissioning. Unit#12 of 660MW is proposed. Tender for EPC contract for installation has been hoisted on 7th Feb 2024 with due date of bid submission i.e. 7th September 2024. The Flue gas desulfurization (FGD) is under tendering stage with due date of bid submission (extended) is 20th August 2024. Currently, FGD is not installed in any unit. The details are as tabulated below: 40
S Units Capacity Commissioning Remarks
. (MW) Date
N
o
.
1 Unit #6 200 27.06.1979 Under Shutdown since
05.03.2021. Proposed for
de-commissioning.
2 Unit #7 210 20.09.1980 Under Shutdown since
05.03.2021. Proposed for
de-commissioning.
3 Unit #8 210 25.01.1983 Under Shutdown since
29.02.2020. Proposed for
de-commissioning.
4 Unit #9 210 27.02.1984 Under Shutdown since
18.02.2020. Proposed for
de-commissioning.
5 Unit #10 250 18.08.2013 Operational
6 Unit #11 250 16.03.2014 Operational
7 Unit #12 660 Proposed Proposed
The Consent to Operate issued by MPPCB under Water
(P&CP) Act 1974 and Air (P&CP) Act, 1981 is valid upto 31/07/2025 for Unit#10 & Unit#11 for 500MW power generation. Copy of the CTO is enclosed as Annexure-II.
The coal is sources from various areas viz. Pathakheda, Kanhan, Pench, Nagpur, Chandrapur, Wani area of Western Coal filed Limited (WCL) and Southern Eastern Coal Filed limited (SECL).
There is total 03 ash dykes established to cater the ash disposal from the various power generating units. The details are as tabulated below:
S.No. 1 2 3
Dyke Name 373 Ha. 111 Ha. 130 Ha.
Connected units Unit #1 to #9 Unit #6 to #9 Unit #10 &
Cement Cement #11
Dyke inner/outer concrete lining Concrete HDPE lining
layer lining
41
22.10694444N, 22.10940833 22.10853611
N, N,
Dyke GPS location 78.17194444 E
78.15750000 78.11055556
E E
Ash filling
started in
Jan, 1968 26.10.2015 16.03.2014
year
Ash filling closed Nov. 2015 Operational Operational
in year of AWRS
Capacity 610 Cum/hr 610 cum/hr 200 cum/hr
It is pertinent to mention here that the old ash dyke i.e. 373
Ha has been handed over to M.P. Forest Department vide letter #2674 dated 29.11.2022 for reclamation. A copy of the letters, along with other related communications regarding the filling of ash in this dyke, which has been ongoing to date, with an extension up to 30th September 2024 for leveling the dyke surface, is enclosed as Annexure-III. The present status of ash filling in the dyke for the filling of the voids and leveling was communicated to Regional Officer, MPPCB vide letter #1578 on 01 August 2024 for allowing the same till 30.09.2024. Copy of the letter is enclosed as Annexure-IV. Committee during the visit also observed the ongoing ash filling in 373 Ha. Ash dyke.
Other than the 373Ha area of ash dyke, the power plant shall reclaim/stabilize the excess temporary ash storage area of 44.5Ha, in compliance of the MoEFCC notification dated 30.12.2022. Copy of the letter to Member Secretary, MPPCB dated 12.4.2023 in this regard is also enclosed as Annexure-V. The Indian Institute of Technology, Indore has carried out the stability analysis of the ash dyke (111 Ha) on 29th April 2023 & submitted its report on 17.5.2023. Following was inferred & recommended:
Inferences:
No new gully formations or seepage was observed during the filed visit. Prima facie dykes are properly maintained and area 111 Ha. Was inspected for stability analysis. Samples from dyke no. 111 were used to calculate geotechnical properties to be used in the analysis. From the stability analysis of the ash dyke it is observed that it is stable and can be used for future possibilities. Seepage analysis for both steady and sudden drawdown conditions indicates water will drain out in 12 hours' time considering the level to be 2/3rd of F.R.L. The phreatic line goes well below the surface indicating surface and toe drains are well connected.42
Recommendation:
Though the ash dyke is stable in all the conditions, however regular inspection of dykes is recommended. The surface and toe drains need to be maintained regularly. The focus should be given to the deaccumulation of water near the slopes. In case of heavy seepage (presumably), water can be drawn by pumping out and through checking should be carried out to verify any blockage in the PCC drain provided from the toe of the soil embankment to the ash storage.
Copy of the stability report of 111 Ha dyke is enclosed as Annexure-VI.
It is pertinent to mention here that joint committee is in the opinion that the Overflow Channel provided in 111 Ha. ash dyke needs to be designed properly to avoid any flow of ash in the near by drain that is meeting the Tawa reservoir. The satellite images of previous years revealed that there was flow of ash containing water in the drain.
The Indian Institute of Technology, Indore has carried out the stability analysis of the ash dyke (130 Ha) on 01st February 2024 & submitted its report on 28.02.2024. Following was inferred & recommended:
Inferences:
No new gully formations or seepage was observed during the filed visit. Prima facie dykes are properly maintained and area 130 Ha. Was inspected for stability analysis. All the obtained Factor of Safety (FOS) were below the permissible limit of minimum FOS as per IS 7894:1975 for both embankments.
Since there is no provision for a clayed/rocky core in the bottom ash dyke which substantially reduced the FOS and hence increased instability.
From the stability analysis of the ash dyke, it is observed that it is in transition between stability and instability. The material property (geotechnical) provided by the client didn't fit the general range of the soil matrix and thus embankment appears weak against shearing.
Seepage analysis for steady and sudden drawdown conditions indicates water will not drain out in 12 hours' time considering the level to be 2/3rd of F.R.L. The phreatic line goes well below the surface indicating surface and toe drains are well connected.
Recommendation:43
Prima facie it looked like the geotechnical data provided by the client is inaccurate and hence a fresh investigation of soil profile with testing of shear and index properties is the need of the hour. Separate geotechnical properties for embankment soil, clayed core, sand drain, rock toe and foundation should be determined.
In case FOS is still below the permissible limit, the redesigning of the ash dyke is recommended at the 130-hectare site for both embankments followings IS 12169:1987 and IS 9423:1999.
Copy of the stability report of 130 Ha dyke is enclosed as Annexure-VII.
The Joint Committee also opined for the same as recommended by IIT Indore in its stability analysis report, as on one corner of the dyke water was found accumulated in down gradient but there was no pumping system available to pump this accumulated water. Such kind of accumulation results in damage to the civil structure of the embankment.
Committee also observed that 10,000 Plants were planted on about 10 Ha. Land of the 111 ha. Ash dyke. Also, other two dykes were having good number of plants majorly of Babool.
3.0 Fly ash utilization As per the submission made by Project Proponent (PP), since FY 2012-13 only 02 units viz. Unit no. 10 & Unit No. 11 of 250MW each are operational. The fly ash & bottom ash generated during the power generation is collected in silos. The dry fly ash is being utilized in available avenues, and rest of the ash is being discharge in ash dykes by adopting High Concentration Ash Disposal system.
The fly ash utilization of last 05 years (2019-2024) is as tabulated below:
S No Ash Ash utilization in Ash utilization in MT percent % utilization
1. year 2019-2020 63.72 % 935798 MT
2. 2020-2021 94.20 % 1214197 MT
3. 2021-2022 99.82 % 895729 MT
4. 2022-2023 136 % 1261575 MT (current + (current + Legacy Ash
5. 2023-2024 Legacy 121.07 % 1149162 MT in MT) Ash) (current + Stored (current + Stored Ash Ash) in MT) 44 The avenue-wise ash utilization is as tabulated below:
Particulars Financial Year
2022-23 2023-24 2024-25
(upto
Total Fly ash generation (MT) 927613 949172 27.6.2024)
254669
Fly ash utilization (MT) 1261575 1149162 309662
Avenues Roads & other 141050 0 0
of fly ash
utilizatio construction work
Bricks 272855 263489 69071
n Filling of voids in 753981 741231 190899
ash bunds (373
Ha.)
Cement industry 15034 3949 0
RMC plant 67052 86380 23682
(Concrete)
Others (Trading) 11603 54113 26010
Total utilization 1261575 1149162 309662
% utilization 136% 121.07% 121.59%
The ash utilization of last 03 Financial Year (2022 to 2025) reveals that PP is achieving the minimum 80% utilization required in each year of the 3-year cycle as stipulated in notification dated 31.12.2021. However, it is pertinent to mention that major utilization is in void fillings of 373 Ha. Ash dyke.
Ash-disposal Compliance Audit report The project proponent (PP) has also engaged Authorized Auditor of National Institute of Technology, Uttarakhand for carrying out Ash-disposal Compliance Audit report for FY 2022-
23. The observations from the Ash Disposal Compliance Audit Report for Satpura Thermal Power Station (STPS), Sarni, are as follows:
1. Coal Consumption Records: The coal consumption was recorded at 24,18,607 MT, with an average ash content of 35-41%.
This data aligns with the fly ash generation reported for the financial year 2022-23.
2. Fly Ash Disposal Compliance: The fly ash generated was disposed of in accordance with the MoEF&CC Notification dated 31.12.2021 and its amendment on 30.12.2022. The disposal methods included:
o Bricks manufacturing industry : 21.6%
o Cement industry : 1.2%
o Concrete manufacturing industry : 5.3%
o Road construction work : 11.2%
o Trading : 0.6%
o Rail mode : 0.3%
o Filling of voids in land : 59.8%
reclamation
45
The total ash disposed was 12,61,575 MT, resulting in a total ash utilization of 136%.
0. Ash Disposal into Ash Ponds: A total of 3,33,962 MT of ash was verified as used from ash ponds.
1. Ash Pond Details: There are three ash ponds with the following areas:
o Ash Pond-1: 373 Hectares
o Ash Pond-2: 130 Hectares
o Ash Pond-3: 111 Hectares
Ash Pond-1 has been surrendered to the forest department in compliance with regulations.
5. Inspection of Ash Ponds: The ash ponds were inspected and found to be in accordance with the design drawings. The active ash ponds have a capacity of 43,00,000 M3 and 80,00,000 M3, with a significant amount of unutilized ash.
These observations as stated in compliance Audit report indicate that the power station is adhering to regulatory requirements for ash disposal and management while also exploring various avenues for ash utilization. However, the suggestions provided in the report are required to be adopted by the PP. The suggestions reported are as follows:
1. Explore Alternative Disposal Avenues: Since approximately 60% of the generated ash is currently utilized for filling voids in land reclamation of Ash bunds, it is recommended to explore other disposal methods after the expiration of the permission from the Forest Department on 31.03.2024.
2. Utilization of Nearby Mines: There are several mines within a 300 km radius of the power plant that could be utilized for backfilling mine voids or mixing ash with external overburden dumps under extended producer responsibility. However, despite efforts from the plant administration, this has not yet been materialized.
3. Railway Network for Ash Disposal: The administration has initiated the disposal of ash through the railway network, which could enhance the utilization of the generated ash.
4. Filling of Coal Underground Mines: STPS Sarni is exploring possibilities for filling coal underground mines at Western Coalfields Limited (WCL) with ash water, which could provide an additional avenue for ash disposal.
Copy of the Ash-disposal Compliance Audit report for FY 2022-23 is enclosed as Annexure-VIII.
4.0 Utilization of the ash in road construction:
The Project Proponent has submitted an update on fly ash utilization in road construction. The information provided indicates the following:46
1. Between 2022 and 2024, the project proponent supplied 134,384 metric tons (MT) of fly ash to NHAI, Bhopal. This supply was specifically for the balance work related to the four-laning of the Itarsi to Betul Section of NH-69, spanning from 63 KMs to 137 KMs.
2. In the year 2023-24, a work order was issued to a sub-
contractor for lifting fly ash at the contractor's cost. This action was taken based on NHAI, Nagpur's request for the laning of the Nagpur-Saoner-Betul section of NH-69. The project covers the stretch from Kms 3.00 to 59,300 in the state of Maharashtra and from Kms 137.000 to Kms 257.400 in the State of Madhya Pradesh. However, as of now, the subcontractor has not commenced this work.
3. Other than these, PP has made communication with NHAI PIU Bhopal & Harda for sharing the transportation cost for the fly ash, but no response was received from NHAI.
The details on the communication made by the PP to NHAI for fly ash utilization are as tabulated below:
Request received Proposed Estimated Cost from Qty. including GST SI. Organization Lead (In Rs.) Particulars (Lakh Status as on date Remarks No. (km) CuM) 1 NHAI, Bhopal Balance work for four 2.45 40-90 4.39 Cr. Order Executed 134384 MT fly ash has Request received laning of Itarsi to Betul been transported on March 2022 Section of NH- 69 from km. NHAI, Bhopal for four 63.000 t km. 137.000 laning Project during (Design length 73.955 km) Nov.-2022 to Mar.-
in the State of Madhya 2023. Certificate Pradesh (Package -Il / NH- received from NHAI.
On EPC mode 2 NHAI, HardaTransportation of ash 1.54 100 - 13.28 Cr. Request letter No reply Request received from 111 /130- sent to NHAI received from NHAI, on July- 2022 hectare ash ponds (and 130 for sharing of Harda.
also from silo of PH-IV, transportation
if required) of STPS, cost vide no.
Sarni to ash delivery 08-004 / Gen-
locations of four lane road 374 / Sarni dtd.
project of NHAI from 17-02-2023.
Temagaon Chicholi
package-II from chainage
36+500 to 60+850 of
Temagaon to Betul section
of NH- 47 (Old NH-59A)
including excavation,
loading / lifting and
unloading works for
utilization of ash.
47
3 NHAI, HardaTransportation of Ash 3.11 60-80 17.91 Cr. Request letterNo reply received
Request received from111 / 130- sent to NHAI forfrom NHAI, Harda.
on July- 2022 hectare ash pond (and also sharing of
from silo of PH-IV,if transportation
required) of STPS, cost vide no. 08-
Sarni to ash delivery 004/Gen-
locations of four laning 374/850 Sarni
road project of NHAI from dtd 25-11-2022
Chicholi - Betul Pkg-III & 505/0800/Fly
from chainage 83+075 to Ash/632 Sarni
120+600 of Temagaon to dtd. 12/07/2023.
Betul section of NH-47 (Old
NH-59A) including
excavation, loading / lifting
and un- loading works for
utilization of ash.
4 NHAI, Bhopal Loading, Transportation 2.10 150 - 22.79 Cr. Request letterNo reply
Request received and Unloading of ash from sent to NHAI for
on Nov.-2022 AshDam of STPS, Sarni to 160 sharing of received from NHAI,
NHAI, four laning of transportation Harda.
Ratapani stretch fromKm. cost vide no 08-
8.300 to Km. 20.680 004 / Gen 374 /
(Length 12.380 Km.) of 83, 101 & 3626
Obedullaganj Itarsi section Sarni dtd.
of NH-46 (Old NH- 69) in 17/02/2023, 27-
the state of 02-2023 & 04-
8.300 to Km. 20.680 01-2024.
(Length 12.380 Km.) of
Obedullaganj Itarsi section
of NH-46 (Old NH- 69) in
the state of Madhya
Pradesh on EPC mode.
5. NHAI, Bhopal Balance work for four 0.37 63- -- Correspondence No reply
Request received laning of Itarsito with NHAI forreceived from NHAI,
on March 23 Betul Section of NH- 69 137 providing actual Bhopal.
from km. 63.000 to lead for
km. 137.000 (Design preparation of
length 73,955 km) in the Estimate vide
state of Madhya Pradesh letter dtd.
(Package -Il / NH-69) On 12/07/2023,
EPC mode 01/08/2023 &
06/09/2023.
48
6 PWD Bhopal Rehabilitation & 5.00 120- 53.33 Cr. Request letterNo reply received
Request received Upgradation of sent to PWD. from PWD, National
on Aug.-2023 Nasrullaganj-Rehti- 160 Bhopal forHighway Divison,
Budhni Section of
sharing of Bhopal
NH-146-B, total design
length-47.300 km from transportation
km 0+150 to km cost vide no. 08-
50+500 to 2-lane with 004/Gen-
paved shoulder 374/3663 Sarni
configuration in the dtd. 05-01 2024.
state of Madhya
Pradesh on EPC mode.
(Demand of ash from
PWD, National Highway
Divison, Bhopal)
7 NHAI, Nagpur For laning of Nagpur- 1.00 70 Requisition Work order hasWork not started by
Request received Saoner-Betul section of received for been placed tothe sub-contractor till
on Nov. 23 NH-69 from Kms. 3.00 lifting of fly ash sub-contractor date.
kms. 59,300 in the state of on contractor's M/s Murli
Maharashtra and from cost. Manohar
kms. 137.000 to kms. Developers vide.
257.400 in the State of No. 08-004 /
Madhya Pradesh on P&W Civil / Fly
Design,Build, Finance, Ash / FAT-145 /
Operate and Transfer 1607 Sarni dtd.
(Annuity) basis:- 08-12-2023 on
Construction of the behalf of
VUP at ch. 27+230 NHAI, Nagpur
(Pankha Junction) concessionaire
under COS as long term M/s Oriental
measures for rectification Nagpur Betul
of Black Spot (MP-02- Highway Limited
054) Supply of Fly Ash Letter for
Reg. execution of work
sent to M/s
Manohar
Developers vide
505/0800/1948
Sarni dtd.
16/01/2024.
NHAI, Project Director, PIU, Bhopal vide its letter dated 8.7.2024 has submitted the fly ash utilization in following 03 road construction works executing under different-different Project Implementation Unit (PIU)
1. Betul to Bhopal under PIU Bhopal & Harda
2. Betul to Harda under PIU Harda
3. Betul to Nagpur under PIU Nagapur-2 The details are as tabulated below:
49
Name of the road Road Work Length ofNo. ofQty of Fly ashPeriod of Fly Name of stretch Construction completion Road lanes supplied inash Utilization Power Plant Started on date Metric Tonn Obedullaganj 14.11.2017 07.12.20 46.30 4 10912 14.11.201 STPSS, Itarsi 21 0 7 to Sarni Exclusing Ratapani 07.12.2021 Section (NH- 46) Ratapani 28.09.2022 25.10.20 12.38 4 1668.9 28.09.202 NTPC, Section 24 0 2 to Gadar (NH- 46) wara Itarsi Betul 22.02.2018 30.09.20 73.95 4 109120 25.10.2024 22.02.201 STPSS, Section (NH- 24 5 8 to Sarni
46) Harda Betul P1 10.09.2021 07.09.20 30.00 4 660000 30.09.2024 NTPC, 10.09.202 23 0 Gadarw 1 to 57200 ara 07.09.2023 SSTPP, Harda Betul P3 15.09.2021 13.12.20 40.24 4 266200 15.09.202 Dongali NTPC, 23 8 1 to a Gadarw ara Betul 20.01.2012 Feb- 174.5 4 8,55,304 13.12.2023 20.01.2012 STPSS, Nagpur 2015 12 (MP to Feb- Sarni Section) 2015 (MP 25,68,58 Sectio) 3 (MH Khapar Section) kheda Power Plant, Copy of the letter is enclosed as Annexure-IX. Koradi Power The information provided by NHAI, PIU, Bhopal reveals the following Plant (MH regarding fly ash utilization in road construction: Section)
1. Obedullaganj Itarsi Excluding Ratapani Section (NH-
46) and Itarsi-Betul Section (NH-46): The Project Proponent (M/s Satpura Thermal Power Plant, Sarni) supplied fly ash during the period from 2017 to 2024.
2. Other Road Works: For road works such as the Ratapani Section (NH-46), Harda Betul P1, Harda Betul P3, and Betul- Nagpur, fly ash was received from other power plants at no cost. The Paragraph (B) "For the purpose of utilisation of ash, the subsequent sub-paras shall apply." of the notification no. S.O. 5481(E) dated 31.12.2021, following is stated:
1. "All agencies (Government, Semi-government and Private) engaged in construction activities such as road laying, road and flyover embankments, shoreline protection structures in coastal districts and dams within a radius of 300 kms from the lignite or coal based thermal power plants shall mandatorily utilise ash in these activities (activities specified under Paragraph 'A (2)' of the said notification are as given below) i. Fly ash-based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
ii. Cement manufacturing, ready mix concrete;
iii. Construction of road and fly over embankment, Ash and Geo- polymer-based construction material;
iv. Construction of dam;
50 v. Filling up of low-lying area;
vi. Filling of mine voids;
vii. Manufacturing of sintered or cold bonded ash aggregate; viii. Agriculture in a controlled manner based on soil testing; ix. Construction of shoreline protection structures in coastal districts;
x. Export of ash to other countries;
xi. Any other eco-friendly purpose as notified from time to time. Provided that it is delivered at the project site free of cost and transportation cost is borne by such coal or lignite based thermal power plants.
Provided further that thermal power plant may charge for ash cost and transportation as per mutually agreed terms, in case thermal power plant is able to dispose the ash through other means and those agencies makes a request for it and the provisions of ash free of cost and free transportation shall be applicable, if thermal power plant serves a notice on the construction agency for the same.
As, the Project Proponent is complying the minimum 80% utilization of the fly ash in 3-year cycle as per the notification dated 31.12.2021 and also utilizing more than 100% from last 03 financial years, by utilizing it in various avenues prescribed in the notification. So, based on the condition prescribed in the notification, PP is charging the ash cost or transportation with the user i.e. NHAI. However, no response is received by the PP from the NHAI for such terms.
5.0. Environmental Quality 5.1 Source emission:
Currently, only 02 units of the thermal power plant i.e. Unit #10 & Unit #11 is in operation since 2013. The Source emission monitored continuously through Online Continuous Emission Monitoring System (OCEMS) for Particulate matters, SO2 & NOx for the duration of April 2023 to June 2024 are as tabulated below:
Unit #10 (Monthly Avg.) Unit #11 (Monthly Avg.) PM SO2 NOx PM SO2 NOx Month (mg/Nm3) (mg/Nm3) (mg/Nm3) (mg/Nm3) (mg/Nm3) (mg/Nm3) Apr-23 38.63 1451 464 41.29 1282 409 May-23 45.43 1425 467 39.82 1239 378 Jun-23 48.07 1456 494 49.91 1237 360 Jul-23 36.61 1323 491 41.51 1051 379 Shut down Shut down Shut due to due to down due Aug-23 28.35 1288 487 Annual Annual to Annual Overhaul Overhaul Overhaul Sep-23 33.66 1261 538 32.72 1074 525 Oct-23 26.86 1507 454 35.58 1356 529 51 Nov-23 23.53 1595 471 35.13 1469 563 Dec-23 33.79 1496 485 35.77 1409 568 Jan-24 39.11 1432 514 37.29 1412 614 Feb-24 29.21 1530 484 28.91 1556 550 Mar-24 30.04 1476 472 26.94 1533 523 Apr-24 42.91 1291 453 35.21 1377 477 May-24 30.76 1494 421 23.67 1610 428 Jun-24 42.59 1379 435 27.51 1463 437 The result indicates that emission of particulate matters is under the prescribed standard i.e. 50 mg/NM3. However, the higher values of SO2 will only reduce after the FGD installation. The PP has to optimize the Air- to-Fuel ratio and Low NOx burners performance to further reduce the emission values of the NOx.
5.2 Ambient Air Quality The project proponent has established 02 Continuous Ambient Air Quality Monitoring Station (CAAQMS) at following locations:
1. ETP (Inside the plant premises) GPS location (Latitude 22.111022, Longitude 78.18046)
2. MPPGCL Hospital (Outside the plant boundary) GPS location (Latitude 22.105998, Longitude 78.174813) The Monthly average Ambient Air Quality w.r.t. PM10 & PM2.5 at CAAQMS located at ETP indicates that the values are under the prescribed norms of 24-Hourly standards. However, PP need to ensure that monitoring of the other parameters viz. SO2 & NOx be continuous as from Sept 2023 the SO2 & from April 2024 the NOx is not being monitored.
PM10 PM2.5
Month (µg/m3) (µg/m3)
Apr-23 70.17 27.74
May-23 74.95 22.90
Jun-23 85.58 21.29
Jul-23 28.75 8.23
Aug-23 45.45 12.46
Sep-23 46.28 14.92
Oct-23 82.05 35.44
Nov-23 96.29 66.10
Dec-23 83.19 51.80
Jan-24 99.57 61.57
Feb-24 83.55 40.14
Mar-24 71.64 24.58
Apr-24 73.80 28.37
May-24 91.97 29.14
Jun-24 70.98 23.14
The Monthly average Ambient Air Quality w.r.t. PM10 & PM2.5 at CAAQMS located at MPPGCL Hospital indicates that the values are above the prescribed 24-hourly standard i.e. 100µg/m3. However, 52 SO2 & NOx values are under the limit. PP need to take efforts to control the Ambient air pollution by carrying regular road cleaning, water sprinkling, stopping biomass burning and controlling other polluting events.
PM10 PM2.5 SO2 NOx
Month (µg/m3 (µg/m3) (µg/m3) (µg/m3)
)
Apr-23 97.23 32.73 42.37 34.28
May-23 80.90 22.89 37.09 28.30
Jun-23 95.34 24.57 42.41 28.78
Jul-23 30.35 11.97 40.13 31.16
Aug-23 60.78 19.58 21.28 30.64
Sep-23 37.84 15.91 17.12 26.53
Oct-23 122.95 43.99 21.07 29.54
Nov-23 160.80 81.77 21.37 29.52
Dec-23 121.27 71.46 21.82 29.76
Jan-24 149.94 65.84 20.99 38.84
Feb-24 124.44 54.13 22.39 33.71
Mar-24 98.97 41.20 21.28 35.26
Apr-24 91.28 35.31 22.34 29.95
May-24 99.24 34.45 24.99 28.30
Jun-24 71.36 27.82 27.45 27.49
5.3 Water Quality:
The joint committee collected 02 water samples from following locations:
1. Toe drain of a 130-hectare ash pond,
2. Ash water recirculation system (AWRS) of a 111-hectare ash pond S.No. Parameters Sampling Location Prescribed Toe drain of Ash water standards a 130- recirculati w.r.t. Ash hectare on system pond ash pond (AWRS) of effluent a 111-
hectare ash
1. pH 7.45 7.30 6.5-8.5
2. Chloride 69.98 79.98 -
3. Total Solids 760 850 -
4. TDS 670 755 -
5. TSS 90 95 100
6. BOD 22 24 -
7. COD 160 184 -
8. Copper 0.018 0.02 -
9. Lead 0.001 0.001 -
Note: Except pH & Color all units are in mg/l.
53 The analysis results reveals that both the samples are meeting the standard w.r.t. ash pond effluent. However, the higher values of COD reveals that some kind of pollution related to ash discharge is there. In this regard, PP shall carry out the detailed sampling and submit the report to CPCB & MPPCB. Copy of the analysis report is enclosed as Annexure-X. Copy of the photographs taken during visit dated 10.7.2024 are enclosed as Annexure-XI.
6.0 Summary The joint committee visited M/s Satpura Thermal Power Plant, Sarani on 10.7.2024, the committee observed that since 2013 only two power generating units (Unit no. 10 & 11) each of 250MW were in operation. A new unit of 660MW is proposed. The CTO for the above 02 units was valid. There are 03 ash dykes viz. 373 Ha, 130 Ha & 111 Ha to cater the need to dispose the ash generates during power generation. On the day of visit, 373 Ha ash dyke was in operation to fill the voids. This dyke was handed over to M.P. Forest Department on 29.11.2022 for reclamation. However, the PP was using this dyke for filling the voids decided mutually between PP & forest department. This will level the ash dyke surface. The period of void filling was extended by forest department till 30.9.2024 on the request of the PP. The committee directed PP to communicate the same to MPPCB for there instruction. PP vide letter dated 1.8.2024 communicated the status to Regional Office, MPPCB, Chindwara. The PP has engaged IIT, Indore for the stability analysis of the 130 Ha & 111 Ha ash dykes. The study report submitted by IIT; Indore suggest that the 111 Ha. Dyke is stable in all the conditions; however regular inspection of dykes is recommended. Whereas 130 Ha dyke study suggested to conduct a fresh investigation of soil profile as the dyke was in transition between stability and instability. The committee also opined that the Overflow Channel provided in 111 Ha. ash dyke needs to be designed properly to avoid any flow of ash in the nearby drain that is meeting the Tawa reservoir. The satellite images of previous years revealed that there was flow of ash containing water in the drain. Also, opined about 130 ha. Ash dyke that recommendation of the IIT Indore needs to be implemented on priority as committee also pointed out the issue in the dyke during the visit that in one of the corners of the dyke water was found accumulated in down gradient but there was no pumping system available to pump this accumulated water. Such kind of accumulation results in damage to the civil structure of the embankment. The ash disposal compliance audit report for the FY 2022-23 also recommended that PP need to explore alternative disposal avenues as approximately 60% of the generated ash is currently utilized for filling voids in land reclamation of Ash bunds.
The Project Proponent is complying the minimum 80% utilization of the 54 fly ash in 3-year cycle as per the notification dated 31.12.2021 and also utilizing more than 100% from last 03 financial years, by utilizing it in various avenues prescribed in the notification. So, based on the condition prescribed in the notification, PP is charging the ash cost or transportation with the user i.e. NHAI. However, no response is received by the PP from the NHAI for such terms.
The environmental quality indicates that the NOx value in source emission is on slightly higher side that can be improved on optimizing the Low NOx burner & air-to-fuel ratio. Further, the AAQ showed higher PM10 values near the hospital area. The higher values of COD in water samples needs to be reassess by the PP.
7.Recommendations:
i. Project Proponent shall engage technical institute for the stability analysis of the 373 Ha ash dyke and also award a fresh study to IIT Indore for the fresh investigation of the 130 Ha ash dyke w.r.t. its stability issue.
ii. Project Proponent shall intimate periodically to MPPCB w.r.t.
void filling at 373 Ha dyke and take necessary guidance.
iii. Project proponent shall also initiate action for the stabilization of the 44.5 Ha. Extra land in compliance of the notification.
iv. Project proponent shall re-design the overflow channel constructed at 111 Ha. Ash dyke to avoid spill over of the ash.
v. Project proponent shall make effective arrangement of pumping to pump the accumulated water in the 130 Ha. Ash dyke.
vi. As about 60% of the ash utilization is in filling the voids of the 373 Ha. Ash dyke, it is essential that project proponent shall explore other avenues of ash utilization to meet the prescribed target of notification 31.12.2021 for the second cycle.
vii. Project Proponent shall take up the NOx reduction measures in the source emission and also ensure continuous assessment of the Ambient air monitoring w.r.t. SO2 & NOx at CAAQMS installed near ETP.
viii. Project Proponent shall take action to improve the ambient air quality near the hospital area.
ix. Project Proponent shall engage 3rd party NABL/EPA recognized laboratory to analyses the water quality of tor drain & AWRS channel water w.r.t COD. And take necessary action as per the outcome of the analysis."
27. The matter of ash dyke was examined by Indian Institute of Technology(IIT), Indore and vide report dated 17.05.2023, IIT Indore had submitted the report with the following facts:
"Satpura Thermal Power Plant is located at Sarni town near Ohoradongri Railway station in the Betul district of Madhya 55 Pradesh, India. The power plant is one of the coal-based power plants of MPPGCL with an installed capacity of 1330 M W. The Water for the plant has been procured from the nearby Tawa Dam Lake area and the coal for the plant has been procured by Rail/Road/Belt from Western Coal Fields.
The power plant has an abandoned ash pond of 373 hectares and the ash dyke no. I 11 is being used for storage of pond ash was inspected (Fig 1). The pond has ash dykes raised in six different stages and all the raisings except the first, second, and third are provided with vertical chimney drains and downstream toe drains.
As per the request from the Superintending Engineer STPS Sarni, Prof Neelima Satyam. IIT lndore visited the site on 29th April 2023. During the visit, it was observed that the surface of the downstream slope was in stable condition. There were no seepage issues and gully formations. The loose As surface material looked constrained, and the seepage has been controlled by providing drains at regular lengths along the periphery of the raising (Fig 2). After a detailed inspection of the ash dyke no. 111 of STPS Sarni and slope stability per analysis of the existing ash dyke considering seepage, the following recommendations are provided.
Two staged analysis was conducted for slope stability, the first stage is used to develop the hydraulic conditions and the second was for slope stability analysis.
Boundary Conditions: The upstream and downstream water levels and drainage conditions were taken as the hydraulic boundary conditions. The boundary conditions were varied as per the requirement of the analysis.
Design Conditions:
As per IS 7S94:1975, the following cases arc critical for the stability of the earthen dam.
1. Construction with or without a partial pool (u/s and d/s slope)
2. Reservoir pool level (u/s slope)
3. Sudden drawdown (u/s slope)
4. Steady Seepage (d/s slope)
5. Steady Seepage with sustained rainfall (d/s slope)
6. Earthquake condition (u/s and d/s slope) Since the dyke is constrained completely and with no sign of any leakage or failure, only condition no. (3) sudden drawdown for the upstream slope and (4) steady seepage for the downstream slope has been considered for the analysis. Since there are no issues of seepage, the possible infiltration during rainfall is not considered. District Betul falls under seismic zone 3 as per IS 1893(1)-2016 with a low to moderate chance of earthquake hence condition (6) has been considered for both upstream and downstream slope.
The material properties provided by the client are tabulated below in Table 2.
56
Material Specific Gravity Unit Weight Cohesion Angle of Permeability
(KPa) Internal (cm/s)
(kg/m3)
friction
Sample no - I 2.54 2079 150 I0 1.0395 * 10-5
Sample no - 2 2.53 2073 100 10 1.035 * IV
Sample no - 3 2.55 2091 124 11 1.038 * l0-5
Sample no - 4 2.56 2093 125 I 1 1.0398 * 10-5
The dyke has 3 layers of soil embankment (Fig 4) which stores the pond ash with the provision of a chimney drain adjacent to the impervious core of the darn. The limit equilibrium analysis for both the conditions (steady state and rapid drawdown) has been done by Morgenstern-price method which is considered one of the most accurate method for stability analysis of embankments.
Inferences and recommendations are as follow:-
Inferences from site inspection and slope stability analysis No new gully formations or seepage was observed during the field visit. Prima facie dykes are properly maintained and no. I I I was inspected for stability analysis.
Samples from dyke no. 1 11 were used to calculate geotechnical properties to be used in the analysis From the stability analysis of the ash dyke it is observed that it is stable and can be used for future possibilities.
Seepage analysis for both steady and sudden drawdown conditions indicates water will drain out in 12 hours' time considering the level to be 2/3rd of F.R.L. The phreatic line goes well below the surface indicating surface and toe drains are well connected.
Recommendation for slope stability Though the ash dyke is stable in all the conditions, however regular inspection of dykes is recommended. The surface and toe drains need to be maintained regularly. The focus should be given to the deaccumulation of water near the slopes In case of heavy seepage (presumably), water can be drawn by pumping out and thorough checking should be carried out to verify any blockage in the PCC drain provided from the toe of the soil embankment to the ash storage.57
28. Notices were also issued to respondent nos. 5 and 6 and the Executive Engineer(Fly Ash Utilization), STPS, MPPGCL, Sarni has filed the reply with the fact that as per the clause A (2) of MoEF&CC Notification dated 31-12-2021, the ash generated shall be utilized only for eco-friendly purposes stipulated therein. Construction of road and fly over embankment is one of such purposes. Therefore, thermal power plants are not required to dispose fly ash and bottom ash mandatorily in road construction, it may opt any or combinations of the following purposes, as per the said notification :-
(i) Fly ash based products viz bricks, blocks, tiles, fiber cement sheets, pipes, boards, panels;
(ii) Cement manufacturing, ready mix concrete;
(iii) Construction of road and fly over embankment, Ash and Geo-
polymer based construction material;
(iv) Construction of dam;
(v) Filling up of low lying area;
(vi) Filling of mine voids;
(vii) Manufacturing of sintered or cold bonded ash aggregate ;
(viii) Agriculture in a controlled manner based on soil testing ;
(viii) Construction of shoreline protection structures in coastal districts;
(ix) Export of ash to other countries ;
(xi)Any other eco-friendly purpose as notified from time to time.
29. Satpura Thermal Power Station (STPS), Sarni is properly disposing off the fly ash generated as per the MoEF&CC Notification. As per the clause no. A (4) of above notification dated 31-12-2021, first compliance cycle to meet 100% utilization applicable to Satpura Thermal Power Station, Sarni is 3 years w.e.f. FY 2022-23. STPS, Sarni has achieved ash utilization target of 100% ash in first two years i.e. 2022-23 and 2023-24 of the above said first compliance cycle, with 58 fly ash utilization of 136% and 121.07% respectively. Fly ash utilization data submitted to the CEA and CPCB for last three years FY 2021-22, 2022-23 & 2023-24' is annexed -4. In compliance of clause .E (5) of notification dated 31- 12-2021, the compliance audit for ash disposal in FY 2022-23 has been conducted by the auditor authorized by the CPCB in the month of Nov-2023. Authorization letter of CPCB and Compliance Audit Report is annexed-10. Ambient Air Quality Monitoring Reports is annexed-8. As per clause A (2) of MoEF&CC notification dated 31-12-2021, the ash generated shall be utilized only for eco-friendly purposes stipulated therein. Construction of road and fly over embankment is one of such purposes. Therefore, thermal power plants are not required to dispose fly ash and bottom ash mandatorily in road construction, it may opt any or combinations of the following purposes, as per the said notification. Satpura Thermal Power Station (STPS), Sarni has supplied 1.34 Lakh MT fly ash for the NHA1 project of Itarsi-Betul section of NH-69. The non-applicant no-5 (SITS, Sarni) has also awarded an order for allocation of 1.20 Lakh MT free fly ash for Pankha Junction on Nagpur - Betul section of NH-
47. Lifting of ash against the allocation is pending from the contractor's end. Above 100% utilization of ash by SIPS, Sarni has been achieved through only eco-friendly purposes stipulated in notification dated 31-12-2021 and therefore, no pollution has occurred leading to degradation of Soil, Water and. Air. There has been no discharge of ash into the streams or no dump into surrounding land. Monitoring of physical and chemical parameters of ash, ash pond effluent, soil and Satpura Reservoir is carried out through third party NABL accredited laboratory on regular basis. The environmental monitoring repots in this regard is annexed-13. Non applicant no.-5 is following the directions and orders issued by the MoEF&CC for the management and disposal of fly ash. The STPS, Sarni has been awarded under the category of "Efficient Management of Fly Ash (>/=)500 MW (State sector)" by the Mission Energy Foundation (A not-for-profit organization) in its conference held in Goa on dtd. 24-02-2024 (Annexure-7) 59 Additional Statement
1. Ministry of Environment, Forest & Climate Change (MoEF&CC), Govt.
of India has issued notification no. S.O. 5481 (E) dtd. 31-12-2021 for utilization of ash by coal or lignite based Thermal Power Plants. The Notification was issued by MoEF&CC in supersession of all its previous notification issued in this regard. The MoEF&CC Notification dtd 31.12/2021 is further amended on 30.12.2022 and 01.01.2024.
2. The advisories have been issued by the Ministry of Power, Govt. of India on dated 22-02-2022 and later on 15-03-2024 vide which guidelines framed in accordance with aforementioned MoEF&CC notification were issued to all Coal/lignite based TPPs. The advisory dated 22-02-2022 has stipulated that the objective of the government is to provide affordable power to consumers and procedures are given for disposal of ash are laid, down to reduce the tariff of 1- ctricity and burden on the consumers.
3. The old 373 hectare Ash Pond was surrendered to the Forest Department of MP on dtd 29-11-2022 for reclamation. The voids in this pond are being filled with ash generated from operating units no- 10&11 and permission in this regard issued by the forest department is valid up to 30-09-2024.
4. STPS, Sarni has two operational ash ponds -130 hectare and 111 hectare ash pond. As on 31-03-2024 available volume in these ash ponds for further ash disposal are 37.91% and 78.82% respectively (reffer point no. 18(h) of ash compliance report for FY 2023-24,. annexed-4). There is no storage of fly ash beyond capacity of ponds.
5. STPS, Sarni has two operational ash ponds -130 hectare and 111 60 hectare ash pond. As on 31-03-2024 available volume in these ash ponds for further ash disposal are 37.91% and 78.82% respectively (reffer point no. 18(h) of ash compliance report for FY 2023-24,. annexed-4). There is no storage of fly ash beyond capacity of ponds.
6. The Ash Compliance Report has been submitted to the Central Electricity Authority, New Delhi and uploaded on the official website .of the Central Pollution Control Board (Coal Ash Portal), as per guidelines. The Ash Dyke Stability Report has been submitted to the Central Electricity Authority, New Delhi.
30. Learned Counsel for National Highway Authority of India has argued that the total fly ash has been supplied to the places of demand and a detail chart has been filed as annexure R-2 to 5 which is as follows:-
"
SR. NAME OF THE FLY ASH NAME OF PARTICULA Remarks PROJECT THERMAL USAGE PROJECT R POWER DETAILS OF THE PLANT IMPLEME DOCUMENT (TPP) NT WITHIN 300 KM ATION RANGE UNIT OF THE (PIU) NHAI PROJECT OFFICE 1 Obedullaganj Sarni TPP, 10911.5 PIU Letter dated to Itarsi District METRIC 04.06.24 PIU Package I Betul, TON BHOPAL BHOPAL MP 2 NH-69 NTPC Super 252035 PIU Letter dated Demand Obdullaganj to TPP 04.06.24 PIU raised by Budni Gadarwada METRIC BHOPAL BHOPAL NHAI (Ratapani , TON however the Section) Narisnghpur concerned , MP Power Plant has not made the supply as demanded.
(Inadequate Supply.
3 NH-12 Bhopal Kalasindhi 5298 PIU Letter dated
Biaora TPP METRIC 04.06.24 PIU
Package-II Jalawar, TON BHOPAL BHOPAL
Rajasthan
61
4 Indore-Harda Shri Singaji Demanded PIU Letter dated Inadequate
(Pkg-II) TPP, - HARDA 11.06.24 PIU Supply of fly
Raghavgarh to Dongalia 37.53 HARDA ash by
Nanasa Khandwa Lakh concerned
Cum Power Plant
Supplied -
1.15
as on
11.06.202
4
5 Indore-Harda Shri Singaji Demanded PIU Letter dated Inadequate
(Pkg-III) TPP, - 20 HARDA 11.06.24 PIU Supply of fly
Nanasa to Dongalia Lakh Cum HARDA ash by
Pidgaon Khandwa Supplied - concerned
10 Power Plant
Lakh Cum
as on
11.06.202
4
6 Indore-Harda NTPC Super Demanded PIU Letter dated Inadequate
(Pkg-III) TPP - HARDA 11.06.24 PIU Supply of fly
Nanasa to Gadarwada, 13.08 HARDA ash by
Pidgaon Narisnghpur Lakh concerned
, MP Cum Power Plant
Supplied -
3.66
Lakh Cum
as on
11.06.202
4
7 Four laning of Shri Singaji Demanded PIU Letter dated Inadequate
Harda TPP, - 12 HARDA 11.06.24 PIU Supply of fly
to Betul Dongalia Lakh Cum HARDA ash by
(Harda to Khandwa Supplied - concerned
Temagaon) 6 Power Plant
Lakh Cum
as on
11.06.202
4
8. Four laning of NTPC Super Demanded- PIU HARDA Letter dated Inadequate
Harda TPP, 0.8 11.06.24 PIU Supply of fly
to Betul (Harda Gadarwada, Lakh Cum HARDA ash by
to Narisnghpur, Supplied - concerned
Power Plant
Temagaon) MP 0.52
Lakh Cum as
on
11.06.2024
9. Harda - Betul NTPC Super Demanded PIU Letter dated Inadequate
(Chicholi to - 3.81 HARDA 11.06.24 PIU Supply of fly
Betul) TPP, Lakh Cum HARDA ash by
Gadarwada, Supplied - concerned
Narisnghpur 2.42 Power Plant
, MP Lakh Cum
as on
11.06.202
4
62
10 Four Laning of Sarni TPP Demanded PIU Letter dated Project
Itarsi to Betul - 1.6 11.06.24 PIU Completed
Khandwa KHANDWA
Lakh Cum
Supplied -
0.992
Lakh Cum
11 Four Laning of NTPC TPP Demanded PIU Letter dated Project
Dhangaon- Khargone - 11.06.24 PIU Completed
Boregoan 11.50 KHANDW KHANDWA
(Indore to Lakh A
Boregoan - Metric Ton
Pkg. IV)
Supplied -
11.50
Lakh
Metric
Ton
12 Four Laning of NTPC TPP Demanded PIU Letter dated Project
Dhangaon- Khargone - 11.06.24 PIU Completed
Boregoan 13.20 KHANDW KHANDWA
(Indore to Lakh A
Boregoan - Metric Ton
Pkg. IV)
Supplied -
13.20
Lakh
Metric
Ton
13 Four laning of Shri Singaji Demanded PIU Letter dated No Supply
Boregaon TPP, - 1 11.06.24 PIU of
Buzurg to Dongalia Lakh KHANDW KHANDWA fly ash by
Shahpur NH- Khandwa Metric A concerned
753L Ton Power Plant
Supplied -
Nil
14 Four laning of Shri Singaji Demanded PIU Letter dated No Supply
Shahpur to TPP, - 20 11.06.24 PIU of
Muktainager Dongalia Lakh KHANDW KHANDWA fly ash by
Khandwa Metric A concerned
Ton Power Plant
Supplied -
Nil
15 Four laning of NTPC TPP Demanded PIU Letter dated No Supply
Shahpur to Bhusawal - 20 11.06.24 PIU of
Muktainager Lakh KHANDW KHANDWA fly ash by
Metric A concerned
Ton Power Plant
Supplied -
Nil
16 Four laning of Shri Singaji Demanded PIU Letter dated No Supply
Rudhi TPP, - 8.40 11.06.24 PIU of
Deshgaon Dongalia Lakh KHANDW KHANDWA fly ash by
Khandwa Metric A concerned
Ton Power Plant
Supplied -
Nil
17 Four laning of Shri Singaji Demanded PIU Letter dated Inadequate
Indore TPP, - 07.06.24 PIU Supply of fly
to Dongalia 13.4 Lakh INDORE INDORE ash by
RaghavGrah Khandwa Cum concerned
Supplied - Power Plant
0.9
63
Lakh Cum
as on
07.06.202
4
18 Construction Shri Singaji Demanded PIU Indore Letter dated Inadequate
of Six TPP - 5.03 07.06.24 PIU Supply of fly
Lane Flyovers Dongalia INDORE ash by
at MR- Khandwa Lakh Cum concerned
10 and Best Supplied - Power Plant
Price and 0.091
Overpass at Lakh Cum
Indore as on
Harda
Highway 07.06.202
4
19 Construction Shri Singaji Demanded PIU Indore Letter dated Inadequate
of Flyover at TPP, - 07.06.24 PIU Supply of fly
Rau circle Dongalia 0.918 INDORE ash by
in Indore Khandwa Lakh concerned
Dewas Cum Power Plant
Section Supplied -
0.45
Lakh Cum
as on
07.06.202
4
20 Four laning of Shri Singaji Demanded PIU Indore Letter dated Inadequate
Tejaji TPP, - 07.06.24 PIU Supply of fly
Nagar to Dongalia 18.15 INDORE ash by
Balwara Khandwa Lakh concerned
Section of NH- Cum Power Plant
347BG Supplied -
(Indore to 1.19
Boregaon) Lakh Cum
as on
11.06.202
4
21 Four laning of Shri Singaji Demanded PIU Indore Letter dated No Supply
Indore TPP, - 5 07.06.24 PIU of
to Boregaon Dongalia Lakh Cum INDORE fly ash by
Khandwa Supplied - concerned
Nil Power Plant
as on
11.06.202
4
22 Construction Shri Singaji Demanded PIU Indore Letter dated No Supply
of TPP - 0.8 07.06.24 PIU of
Additional Dongalia Lakh Cum INDORE fly ash by
Three lane Khandwa Supplied - concerned
with paved Nil Power Plant
shoulder of as on
Bakaner Ghat 11.06.202
4
23 Vidhisha To NTPC Super Demanded PIU Letter dated No supply of
Hinotiya TPP - 02.07.24 PIU Fly Ash by
(NH-346) and Gadarwada 10.05 Vidhisha VIDHISHA concerned
Vidhisha to , Lakh Power Plant
Morkori Narisnghpur Metric Ton
(NH-146) , MP Supplied -
Nil
as on
02.07.202
4
64
24 Construction a. Kalisindh 84, 541 PIU Letter dated Inadequate
of Eight TPP, MT Fly ash Ratlam 07.06.24 PIU Supply of fly
Lane access Jhalawar, used in the RATLAM ash by
Controlled Rajasthan project concerned
Highway in Power Plant
Mandsuar, b. Chabbra
Jahbua and TPP,
Ratlam Rajasthan
c. Shree
Singaji TPP,
Khandwa,
MP
25 PIU Ujjain Email dated The Power
05.06.2024 plant is
of more
PIU UJJAIN than 300km
away from
any project
under the
concerned
office.
26 Fly Ash
a.Khapaerke used in
da Power MH
Plant, Section -
Nagpur 25,68,583 Email
Betul to PIU dated06.07.2
b. Koradi MT.
Nagpur Power Fly ash NAGPUR 024 PIU-2
Plant, used in Nagpur
Nagpur MP Section
c. Satpura -
TPPSarani 8,55,304
MT.
"
31. Learned Counsel for National Highway Authority of India has further drawn our attention towards the circular dated 26.10.2023 quoted above in which para no, 2.5 there was a direction that the thermal power plants are obligated to supply fly ash at construction site of national highway projects, situated within 300 kms of the TPPS and also shall bear entire cost of transportation as per aforementioned notification. In reply thereof, representative of the project proponent attended proceeding physically with the record and submitted that the demand raised by the National Highway Authority has been paid to the authority concerned and nothing has pending as yet. Since the matter of rate of transportation and the payment is not a subject matter to be decided by this Tribunal , thus it is left between the parties to decide with their mutual consent and agreement subject to any rule or guideline made by the MoEF&CC according to the weight and distance.
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32. Learned Counsel for the applicant has further submitted that actually the fly ash is not being supplied upto 300 kms as required or to the places of demand. We are concerned with the present unit who has clearly submitted with the chart that100% fly ash has been utilized and transported to the places of demand to the NHAI and in response to the above contention, Learned Counsel for NHAI has accepted that the fly ash has been supplied and it has been utilized for the construction of highways.
33. After going through the records and argument as raised, we are of the view that fly ash has been supplied to national highway authority which has been utilized for construction of the highways.
34. In view of the report submitted by joint committee, we direct that fly ash which is in legacy should also be disposed in a phased manner and till it is disposed, proper security, safety shall be taken by the project proponent by engaging technical institute for stability of the ash dyke and further that the project proponent shall periodically intimate to the MPPCB with regard to voids filling and re-design the over-flow channel constructed at 111 ha. ash dyke to avoid spill over of the ash.
35. In view of the above contentions, we accept the report of the joint committee and direct as follows:
i. Project Proponent shall engage technical institute for the stability analysis of the 373 Ha ash dyke and also award a fresh study to IIT Indore for the fresh investigation of the 130 Ha ash dyke w.r.t. its stability issue and comply previous directions.
ii. Project Proponent shall intimate periodically to MPPCB w.r.t.
void filling at 373 Ha dyke and take necessary guidance.
iii. Project proponent shall also initiate action for the stabilization of the 44.5 Ha. Extra land in compliance of the notification.66
iv. Project proponent shall re-design the overflow channel constructed at 111 Ha. Ash dyke to avoid spill over of the ash.
v. Project proponent shall make effective arrangement of pumping to pump the accumulated water in the 130 Ha. Ash dyke.
vi. As about 60% of the ash utilization is in filling the voids of the 373 Ha. Ash dyke, it is essential that project proponent shall explore other avenues of ash utilization to meet the prescribed target of notification 31.12.2021 for the second cycle.
vii. Project Proponent shall take up the NOx reduction measures in the source emission and also ensure continuous assessment of the Ambient air monitoring w.r.t. SO2 & NOx at CAAQMS installed near ETP.
viii. Project Proponent shall take action to improve the ambient air quality near the hospital area.
ix. Project Proponent shall engage 3rd party NABL/EPA recognized laboratory to analyses the water quality of tor drain & AWRS channel water w.r.t COD. And take necessary action as per the outcome of the analysis.
36. With the directions noted above, OA is disposed of. MPPCB is directed to periodically monitor and to take suitable action to comply with the environmental rules and MoEF&CC guidelines.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM August 27, 2024 Original Application No. 115/2024(CZ) JG 67