National Green Tribunal
Tandur Citizens Welfare Society Rep. By ... vs Government Of Telangana Rep. By Its ... on 6 March, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
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Item No.13
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.195 of 2016 (SZ)
IN THE MATTER OF:
Tandur Citizens Welfare Society .. Applicant
Vs.
Government of Telangana ... Respondent(s)
Date of hearing: 6.3.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. V.P. Sengottuvel
For Respondent(s) : . Mrs. Yasmeen Ali for R1, R6 & R8
Mr.G.M. Syed Nurullah Sheriff for R2
Mr. D.S. Ekambaram for R3
Mr. T. Saikrishnan
Mr. B. Lakshminarayanan for R4
Mr. K. Muthamilraja for R7
Mrs. Janani Shankar
Mr. Rahul Balaji for R10, R11 & R12
ORDER
The grievance in this application is regarding air pollution caused in and around Tandur Village, Ranga Reddy District in State of Telangana State on account of operation of five cement factories in that area. The total population in that area is 75,000 in Town and 1,50,000 in rural. Apart from this, there is 50,000 floating population. 2 Applicant is an Association, interested in protecting environment. Ninth respondent cement factory was established in 1977; 10th respondent cement factory was established in 2000; 11th respondent cement factory was established in 2008 and 12th and 13th respondent cement factories were established in 2010. State of Telangana has granted lease of thousands of hectares of land to these companies for quarrying lime stone and laterite etc. These cement companies have uprooted and removed over five lakh trees to convert the lands to suit their industrial purpose which includes laying of approach roads and railway lines. They have established the units after getting necessary approval from the competent authority but they are not following the conditions imposed. There is no proper scientific mechanism provided to suppress air pollution. Huge number of vehicles are being used and they are plying through narrow roads of villages and towns, causing huge air pollution. Though representations have been made to the authorities, they have failed to take any action. Air quality in that area has become more worse, affecting health of the people. Though representation has been made to the Government with some recommendations to improve the situation, no action has been taken. Whenever complaints were made, some inspection is being done by Pollution Control authorities and satisfied with the pollution caused but they have not taken any stringent action against the units to arrest the air pollution caused due to the emission of dust on account of operation of the units. So applicant filed this application, seeking the following relief:
"to direct the respondents 1, to 4, 6 and 8 herein to prevent respondents 7 and 9 to 13 from causing air and noise pollution in and around Tandur Taluk, Ranga Reddy District and further prevent respondents 9 to 13 herein from plying heavy vehicles/trucks in the narrow roads of Tandur town and further direct the 3 respondents to monitor air and noise pollution emanate from the cement industries of respondents 7 and 9 to 13 herein."
2. Central Pollution Control Board, third respondent filed counter statement contending that they have nothing to do with the allegations made in the application, as action will have to be taken by the State Authorities for violation of any of the pollution norms. They are only policy makers, to issue direction to States under Section 18(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and it is for the State Authorities to implement the same. They have already issued directions to install on line emission monitoring system in cement factories on 5.2.2014.
3. They have submitted the status report of implementation of the same by the cement factories as follows:
"The status of installation of online monitoring system by all the five cement industries is tabulated below:
Sl.No Industry name Status of installation of online monitoring & address system 1 M/s. Cement Corporation No of India, Karankote, P.O. CCI Tandur, Ranga Reddy District, Telangana -
501158 4 2 M/s. Coromandel King No India Cements, Malkapur, Tandur Mandal, Ranga Reddy District, Telangana 500157 3 M/s Penna Cements, No Belakatur, Tandur, handravancha,Telangana-
501158 4 M/s. Vicat Sagar Cements, Yes. The unit has installed online source Chatrasal, Gulbarga Dist., emission monitoring system for Karnataka -585320 parameters PM, SO2 & NOx and also installed ambient air quality monitoring stations for parameters PM10, NOx, SO2 & PM2.5.
Both source emissions and ambient air quality data are submitted/ connected to CPCB server. In case of exceedance of the standards, SMS alert will be sent to the unit for necessary measures.
5 M/s. Chettinad Cement, Yes. The unit has installed online source Kallur Village, Chincholi emission monitoring system for Taluk, Karnataka - 585305 parameters PM, SO2 & NOx and also installed ambient air quality monitoring stations for parameters PM10, NOx, SO2 5 & PM2.5.
Both source emissions and ambient air quality data are submitted/ connected to CPCB server. In case of exceedance of the standards, SMS alert will be sent to the unit for necessary measures.
4. They are also executing the nation wide programme of ambient air quality monitoring known as National Air Quality Monitoring Programme (NAMP) with 626 operation stations, covering 264 cities, towns and industrial areas in 29 States and 5 Union Territories. The implementation of the plan in Telangana State is being monitored by the Telangana State Pollution Control Board, covering 11 cities viz., Hyderabad, Ramagundam Patancheru, Nalgonda, Khammam, Warangal, Karimnagar, Sangareddy, Nizamabad Adilabad and Kothur. Central Pollution Control Board has published a document on "Assessment of Fugitive Emissions and Development of Environmental Guidelines for Control of Fugitive Emissions in Cement Manufacturing" to enable the cement units to adopt various methods to control the fugitive emissions on a sustainable basis. They are bound to follow the same.
5. Railway Department was also directed to follow the norms. Manager, Tandur Railway Station was also directed to follow the guidelines, as per the document on "Inventorization of Railway Sidings" for their environment management, published by Central Pollution Control Board to ensure compliance of fugitive emission control during handling operation of railway siding.
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6. Fourth respondent, Telangana Pollution Control Board filed a status report as follows:
"In Tandur Mandal of Rangareddy District, apart from the CCI public sector cement factory, another two cement factories in private sector are existing. The list of cement factories are as follows:
M/s. Cement Corporation of India Ltd., Tandur Cement Factory, Karankote, Tandur, Ranga Reddy District.
M/s. The India Cements Ltd., Malkapur, Tandur, Rangareddy District. M/s. Penna Cement Industries Ltd., Sy. No.53, 54, 56, 57 & 62, Belkatur, Tandur, Rangareddy District.
M/s. Cement Corporation of India Lt., Tandur Cement Factory, Karankote, Tandur, Rangareddy District.
The industry is engaged in the manufacture of cement 3,150 Tons/day The industry has various sources of pollution like LS crusher, raw mill & rotary kiln, clinker cooler, cement mill - I, cement mill - II, coal mill - I & II an packing plant. The details of pollution control equipment provided are: Sl.No. Source of pollution Control equipment provided 1 LS Crusher Multi cyclone dust collectors 2 Raw mill & rotary kiln - Electro static 3000 TPD precipitator 7 3 Clinker cooler Multi cyclone dust collectors 4 Cement mill - I ESP 5 Cement mill - II ESP 6 Coal mill - I & II ESP 8 Packing plant Bag filters The industry was established in the year 1987 for the manufacture of ordinary Portland cement. The industry has obtained Environment Clearance from the Ministry of Energy, Forest, Environment, Science & Technology Dept., Govt. of A.P on 31.5.1991 to manufacture Portland cement to a tune of 10 lakhs tones per year.
The industry has obtained CFO & HWA from the Board vide order dt.3.11.2015 which expired on 31.12.2015. Subsequently, the industry has applied for renewal of the CFO & HWA of the Board which was returned due to technical shortfall. Again, resubmitted the application on 14.9.2016 through online. The main pollution from the industry is air pollution and the main sources are LS crusher. Raw mill & Rotary kiln, Clinker, Cooler, cement mill - I cement mill - II, coal mil - I, coal mil - II, packing plant. The industry has raw mill & rotary kiln of capacity 83,333 T/month provided with Electrostatic Precipitator for control of air pollution. The packing plant is provided with bag filters as air pollution control 8 system. Clinker cooler and LS crusher are provided with multi cyclone dust collectors.
Earlier, the Board issued directions vide order dt.5.8.2011 to the industry for non compliance of Board directions/CFO conditions ad for exceeding the air emission standards and causing air pollution in the air.
It is to submit that earlier Sri. Hemanth Kumar S/o. Veerappa and 24 farmers of Karankote, Tandur, Ranga Reddy submitted a representation to the District Collector requesting to pay compensation to their crops occurred due to pollution by M/s. Cement Corporation of India, (CCI). The District Collector requested the Board to examine the matter and take appropriate action. The Board conducted Legal Hearing and issued stop production orders to the industry vide order dt. 16.5.20-12 for not complying with the Board directions and operating without having necessary air pollution control systems and thereby causing air pollution. In this regard, the Board also submitted report to the District Collector, Raga Reddy District on the representation. Regarding crop damage compensation, the Board requested the Collector to constitute a committee to assess crop losses to farmers with the following members:- 1. RDO, 2. JD, Agriculture, 3. AD, Horticulture, 4. AD, Mines & Geology Dept., 5. EE, APPCB, RO, RR - II.
Subsequently, the Board issued revocation of stop production orders vide orders 12.8.2012 stipulating certain conditions.
A show cause notice was issued to the industry on 17.8.2013 and in June, 2015 for non compliance of the standards and causing air pollution in the surrounding area. This office has circulated the file to the District Collector, Ranga Reddy District for constituting a committee to assess the crop damage to the farmers. 9 Accordingly, the District Collector, Rangareddy District has constituted a committee to assess the crop damage. The District Collector further has directed the Joint Inspection Committee members to inspect and assess the crop damage and submit a report.
As per the instructions of the District Collector, the Joint Inspection Committee comprising of Sub Collector, Vikrarabad, JD Agriculture, AD Horticulture, AD Mines & Geology Dept., Environmental Engineer, Regional Office - II, Rangareddy Dist have conducted the joint inspection on 30.1.2015 and 2.11.2015 on account of the petitioners claim regarding crop damage compensation due to pollution by M/s. CCI, Tandur.
The inspection reports furnished by Joint Director, agriculture Dept., Assistant Director, Horticulture Dept., Assistant Director, Mines & Geology Dept, regarding crop damage were submitted.
The District Collector, Ranga Reddy District has convened a meeting with the Environmental Engineer on16.4.2016 and directed to obtain the reports on ownership of the agricultural land mentioned in the petition and to verify the Survey nos. And the extent of agricultural land owned by the petitioners ad also the yield of the crop since 2011 as per their records from the Mandal Revenue Officer, Tandur Mandal, Ranga Reddy District by verifying the revenue records and from the Joint Director of Agriculture to verify the amount claimed by the 24 petitioners on the crop damage since 201 as per the records.
Accordingly, this office has addressed letters to the Mandal Revenue Officer,Tandur Mandal, Ranga Reddy District and Joint Director Agriculture. The reports are awaited.
10The Board is regularly monitoring the industry from pollution point of view and taking suitable necessary action in the matter.
The Board has conducted Ambient Air Quality monitoring in the industry's premises on 8.9.2016, and the analysis results are as follows:-
SlNo Sampling location RSPM (PM10) TSPM(24 Value Standard hours average 1 At the near main security gate 138 ug/m3 100 ug/m3 263 2 Near coal mill area at 137 ug/m3 100 ug/m3 361 periphery of the industry The stack monitoring was also conducted on 8.9.2016 and the analysis results are as follows:
Sl.No Sampling point Suspended Standard in (mg/Nm3) Particulate Matter (mg/Nm3 1 Stack attached to raw 321 115 mill land rotary kiln 2 Stack attached to coal 219 115 mill The stack attached to the clinker cooler (C.1 stack) temperature was above 250 o C (not approachable) Hence it could not be monitored. Also cement mill - I and II 11 were under break down/silos were full. Hence cement mill stack was not in operation.
Note: The PM 10 levels in the ambient air monitored and Suspended Particulate Matter (mg/Nm3 in stacks are high and are far exceeding the National Ambient Air Quality Standards.
2. M/s. The India Cements Ltd, Malkapur, Tandur, Rangareddy District The industry is manufacturing clinker - 2.75 MTPA ad cement (OPC/PPC/PSC) -
.2.9 MTPA. The industry is having two manufacturing lines with line - I of 210 TPH capacity kiln and Line - II capacity 220 TPH. The details of air pollution control systems provided are:
Line - I S.No. Source of pollution Control equipment provided 1 Raw mill/kiln - 21- ESP TPH 2 Clinker Cooler ESP 3 Cement mill ESP 4 Cement silos, hoppers 4 nos. of bag filters 5 Ra material hopper Bag filter 6 Raw mill blending silo Bag filter & its sections 7 Kiln feed system and 2 nos. of bag 12 its sections filters 8 Coal mill 6 nos. of bag filters 9 Coal crushers & coal 2 nos. of bag mill circuit filters 10 Clinker stock file and 2 nos of bag filters its sections 11 Lime stone crusher Bag filter 12 Apron feeder --
13 Crusher discharge --
point 14 Packing plant I & II 2 nos. of bag (120 TPH each) filters Line - II S.No. Source of Control pollution equipment provided 1 Raw mill/kiln - ESP 220 TPH 2 Clinker cooler ESP 3 Coal mill 0 30 Bag filters TPH 4 Lime stone Bag filters crusher 5 Cement mill l- I Bag filters 13 6 Cement Mill - II Bag filter 7 Lime stone Bag filter weight feeder 8 Raw material Bag filter storage silo 9 Raw meal Bag filter binding silo 10 Raw Coal Hoper Bag filter 11 Clinker silo Bag filter 12 Clinker transport Bag filter to cement mill 13 Cement silo - I Bag filter 14 Cement silo - II Bag filter 15 Packing Bag filter Machine k- I 16 Packing Bag filter machine - II The industry has obtained CFO HWA from the Board vide order dt.27.5.2014 which expired on 30.9.2016. Subsequently, the industry has applied for renewal of the CFO & HWA which is under process at the head office. Te Board has conducted ambient air quality monitoring to the industry premises at the periphery of the industry near mines office o 27.8.2016 and 28.8.2016 and the analysis results are as follows:
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S. Sampling location RSPM (PM10)(Particulate matter No (ug/m3) Matter)Value Standard (ug/m3) 1 Industry premises at the 73 100 periphery of the industry near mines office (3.40 PM to 11.40 PM) 2 Industry premises at the 67 100 periphery of the industry near mine office (11.40 PM to 7.40 PM) 3 Industry premises at the 75 100 periphery of the industry near mines office (7.40 AM to 3.40 PM) The Board has conducted ambient air quality monitoring at the periphery of the industry near main gate on 27.8.2016 and 28.8.2016 and the analysis results are as follows:
S.No Sampling location RSPM (PM10)(Particulae matter) Value Standard (ug/m3) 15 1 At the periphery of the industry near main gate 112 100 (3.20 PM to 11.20 PM) 2 At the periphery of the industry near main gate 96 100 (11.20 PM to 7.20 AM) 3 At the periphery of the industry near main gate 108 100 (7.20 AM to 3.20 PM) The Board has conducted ambient air quality monitoring in the agriculture land of complainant on 27.8.2016 and 28.8.2016 and the analysis results are as follows:
S.No Sampling location
RSPM (PM10) (Particulate
matter)
Value Standard
(ug/m3)
1 Agriculture land of complainant (5.40 PM to 56 100
7.00 AM
2 Agriculture land of complainant (7.00 AM to 53 100
5.40 PM)
The stack monitoring was also conducted on 27.8.2016 and 28.8.2016 and the analysis results re as follows:-
S.No. Sampling point Suspended Standard in 16 Particulate Matter mg/Nm3 (mg/Nm3) 1 Stack attached to raw mill/kiln 210 83 100 TPH, Line - I 2 Stack attached to raw mill/kiln 220 TPH, 56 50 Line-II 3 Stack attached to coal mill, line - I 78 100 4 Stack attached to coal mill, line-II 31 50 5 Stack attached to cooler, Line-II 32 50 6 Stack attached to cement mill, line-II 38 50 Note: All the values are well within the standards
3.M/s. Penna Cement Industries td., Sy.No.53, 54, 56, 57 & 62, Belkatur, Tadur, Rangareddy District.
The industry is manufacturing clinker - 1.5 MTPA and cement (OPC/PPC/PSC) - 2.0 MTPA. The details of air pollution control systems provided are:
1 Raw mill/kiln - 300/200 TPH Reverse air bag house 2 Clinker cooler - 200 TPH ESP 3 Coal mill - 30 TPH Bag filters 4 Cement Mill - 500 TPH Bag filters 5 Slag grinding mill Bag filter 6 Lime stone weight feeder Bag filter 7 Raw material storage silo Bag filter 17 8 Raw meal blending silo Bag filter 9 Raw Coal Hoper Bag filter 10 Clinker silo Bag filter 11 Clinker transport to cement mill Bag filter 12 Cement silo - I Bag filter 13 Cement silo - II Bag filter 14 Packing Machine - I Bag filter 15 Packing Machine - II Bag filter The industry has obtained CFO & HGWA from the Board vide order dt.31.1.2015 which is valid upto 28.2.2017.
It is to inform that the industry was not in operation as the plant operations were stopped from 28.8.016. Hence, monitoring could not be carried out. Further, it is to inform that this office received a complaint from Sri. Raj Gopal Sarda, President of Tandur Citizens Welfare association, 7-7-52/4A, Gomthi Kunj,Tandur, Rangareddy District regarding air pollution. The Board has conducted ambient air quality monitoring on top of Police Station, Tandur, Rangareddy District on 20.3.2016 and 21.3.2016 the analysis results are as follows:
Sl.No Sampling Dt.of Sampl Time & PM10 TSPM SOx NOx samplin e no duratio ug/m3 ug/m3 g n of samplin 18 g 1 AAQ 20.3.16 16-03- 2.00 216 567 3 64 monitoring 6274 PM to conducted 10.00 on top of PM 2 police station 21.3 16 16-03- 10.00 PM 146 476 6 6275 to 6.00 AM 3 21.3.16 16-03- 6.00 163 483 4 54 6276 AM to 200 PM 4 24 hrs. average 175 483 4 54 National ambient air quality standards for 24 hrs 100 -- 80 80 Standards: National AAQ Standards, CPCB Notification, New Delhi Dt.18.11.2009 The Board has conducted ambient air quality monitoring near Royal Road Lines near main road 10 meters from the Road on 17.12.2015 the analysis results are as follows:
Sl.No Sampling D. of sampling Sample no. Time & PM10 TSPM location duration of 7g/m3 ug/m3 sampling 1 Ambient 1`7.12.15 22-12-2015 2.30 PM to 622 1958 Air Quality 10.30 PM Monitoring 19 near Royal Road Lines near main rd, 10 m fro the Road National ambient air quality standards 100 Standards: National AAQ Standards, CPB Notification, New Delhi dt.18.11.2009 Note: The PM10 levels in the ambient air monitored are very high and is far exceeding the national ambient air quality standards. This may be due to heavy traffic of cement vehicles plying on the road and also the stone dust from the stone polishing units."
7. Respondents 9 to 13 cement factories have filed their statement contending that they are operating their units in compliance with the conditions imposed and all necessary pollution control mechanism have been provided. They have provided necessary green belt and denied the allegations of any pollution being caused on account of their activity. They also produced certain photographs.
8. Fourth respondent, Telangana State Pollution Control Board filed reply statement stating that on the basis of the inspection report, when they found the ambient air quality exceeds the standard provided, they issued show cause notice to the Station Master, Tandur Railway Station and also to the industries. The Station Master has not installed the monitoring mechanism and though a request was made by Pollution Control Board Authorities to monitor ambient air quality by 20 installing their equipment which was not permitted, as he wanted to get permission from the higher authorities.
9. Seventh respondent Railway filed counter contending that they are directing the authorities to take necessary steps to avoid pollution while loading and unloading cement from their siding connectivity.
10. Eighth respondent, Commissioner, Tandur Municipality filed counter contending that complaints have been received. They instructed the cement industries not to indulge in causing pollution and cover the trucks with tarpaulin and maintain slow movement through road in Tandur Municipality to avoid air pollution.
11. First respondent, Government of Telangana filed counter contending that it is for the State Pollution Control Board to monitor any complaint regarding pollution and they will have to take action for the same when the complaints were received by them. Regarding the show cause notice issued to Station Master, Tandur Railway Station for not taking steps to control air pollution during loading and undoing of cement bags from wagons, they requested the regional office to address the Member Secretary, Karnataka State Pollution Control Board to initiate action against the cement factories located in Karnataka viz., M/s. Chettinad Cements, M/s. Vicat Sagar Cements.
12. Sixth respondent, District Collector, Vikarabad filed counter stating that whenever complaints have been received, they directed the cement factories to comply with the pollution norms and they are also taking large scale measures by providing green belt under Haritha Haram and also taking mitigation steps to control pollution as per the guidelines of Prime Minister's Kanija Kalyana Kshetirya Yojana (PMKKKY) and also taking all steps to control pollution due to plying of vehicles by 21 providing necessary protection. Necessary funds were provided by Pollution Control Board to implement the pollution control measures under RURBAN scheme. All necessary steps have been taken from their side.
13. Second respondent, MoEF & CC filed counter affidavit stating that they have notified Noise Pollution (Regulation and Control) Rules, 2000 and also issued necessary direction to State authorities to implement the National Ambient Air Quality Monitoring Programme to keep the standard of air in tune with the Ambient Air Quality Standard provided by the World Health Organization. Further, if there is any violation, it is for Pollution Control Board to take necessary action. They have also taken all steps to establish ambient air quality Laboratory to contain the ambient air quality level in the city.
14. Fifth respondent, Karnataka State Pollution control Board also filed their inspection report dated 14.8.2017 wherein they have noted the following things:
"It is respectfully submitted that two cement industries namely M/s. Chettinad Cement Corporation Ltd, Kallur Village, Chincholi, Kalaburagi, Karnataka and Sagar Cement, Chatrsala village, Chincholi, Kalaburagi, Karnataka come under the jurisdiction of Karnataka State Pollution Control Board and a summary of the inspection is submitted herein below and the detailed inspection reports are annexed herewith as annexures to the present petition. Chettinad Cement Corporation Ltd In respects of Chettinad Cement Corporation Lt., the following aspects have been ascertained.22
M/s. Chettinad Cement Corporation Ltd., Kallur Village, Chincholi, Kalaburgi, Karnataka is located at Sangam and Kallur village and includes plant, mines and colony for the employees. The plant is located 19 kms from Tandur town. The industry was commissioned in 2012 and has obtained Environmental Clearance from MoEF vide F.No.J-11011/399/2008-IA II (I) dt. 18.6.2010 for manufacture of cement - 2.5 MMTPA, Captive Power Plant - 30 MW and captive lime stone - 4 MMTPA in extent of 422.94 Hectares. The industry has valid consent under Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Preventive and Control of Pollution) Act, 1981 vide combined consent order No.AWH - 300451, PCB ID:10474, Dt. 9.6.2016 and valid for period ending 30.6.2019 for the cement plant and for the Captive lime stone mine has valid consents under Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Preventive and Control of Pollution) Act, 1981 vide combined consent order No.AW - 302982, PCB ID: 27850, dt. 3.7.2017 and valid for lthe period ending 31.3.2019. M/s. Chettinad Cement Corporation Ltd., transports raw material land finished goods through covered trucks to prevent fugitive emission. The number of trucks passing through Tandur town is reported to be 40 vehicles per day. The Ambient Air Quality has been monitored at Kallur villge on 20.3.2017 and 13.7.2017 and the monitored ambient air quality concentration is 48 ug/m3 and 30 ug/m3 respectively as against the national ambient air quality standard of 100 ug/m3. M/s. Chettinad Cement Corporation Ltd., has installed the following air pollution control measures detailed below:
Sl. Chimney Height of Air pollution Constituents to Tolerance 23 No attached to chimney AGL in control be controlled in limits mg/Nm3 meters equipment the emissions provided 1 Raw Mill 140 Reverse air PM,SO2,N 50 land kiln bags house Ox 2 Clinker 45 Electrostatic PM 50 cooler precipitator 3 Cement mill 55 Bag PM 50 house 4 Coal mill 140 Bag PM 50 house 5 Captive 97 Electrostatic PM, SO2, 50 Power precipitator MOx Plant - 30 MW 6 Coal 15 Bag PM 50 crusher filter 7 Lime stone 15 Bag PM 50 crusher filter The conveyors for conveying materials have been completely covered by MS sheets to control fugitive emissions.
The industry has also provided continuous emission monitoring, systems and is connected to the server of PB and has provided CEMS to the following chimneys. 24
Sl.No. Chimney Make of Parameters
attached to equipment measured
1 Raw Mill Sick Particulate
land kiln mahek matter SO2
MRU, and NOx
Germany
2 Cooler Sick Particulate
Mahek Matter
3 Coal mill Sick Particulate
Mahek Matter
4 Cement mill Sick Particulate
Mahek Matter
5 Captive Forbes Particulate
power plant Marshal Matter
MRU,
Germany
The continuous monitoring reports for the periods from 11.5.2017 to 13.7.2017 for the stacks attached to the raw mill land kiln, cooler and captive power plant submitted and the concentration of particulate matter is within the tolerance limits of 50 Mg/Nm3.
The stack monitoring for the stacks attached to captive power plant, coal mill, kiln has been monitored on 20.3.2017 and the analysis report reveals the concentration of particulate matter is 18 Mg/Nm3 and 27 Mg/Nm3 respectively and also the analysis report for the stack monitoring conducted on 13.7.2017 for the stacks 25 attached to kiln, cooler and CPP reveals the concentration of the articulate matter 14 Mg/Nm3, 17 Mg/Nm3 and 11 Mg/Nm3 respectively which is within the tolerance limit of 50 Mg/NM3.
The industry has also installed two continuous ambient air standards near the lime stone crusher and near the cement mill land both the CAAQMS stations have been connected to CPCB server. The CAAQM reports for the period from 11.5.2017 to 13.7.2017 is enclosed as annexure - I and concentration of PM10 and PM2.5 is within the tolerance limits prescribed by national ambient air quality standards. The ambient air quality monitoring has been conducted near Kallur village on 20.3.2017 and 13.7.2017 and concentration of PM10 is within the tolerance limits of 100 ug/m3 as per NAAQM standards.
The internal roads has been concreted to prevent fugitive emissions M/s. Kalaburagi Cements Ltd., In respect of Kalaburagi Cements Ltd., the following aspects have been ascertained:
M/s. Kalaburagi Cements Ltd., Chatrasala village, Chincholi, Kalaburgi, Karnataka is located at Chatrasala village and includes plant, mines and colony for the employees. The plant is located 25 kms from Tandur town. The industry was commissioned in 2013 and has obtained Environmental Clearance from MoEF vide FNo.J - 11011/457/2008-IA II (I) d. 10.6.2009 for manufacture of clinker - 4 MMTPA, cement - 5.5 MMTPA, Captive power plant - 16 MW and captive lime stone - 6 MMTPA in extent of 446.77 hectares. 26
The industry has valid consents under Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Prevention and Control of Pollution) Act, 1981 vide combined consent order No. AWH- 300981 PCB ID:10452, dt.17.9.2016 and valid for period ending 30.6.2021 for the cement plant and for the captive lime stone mine has valid consents under Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Prevention and Control of Pollution) Act, 1981 vide combined consent order No.AW - 300616, PCB ID:28087, dt. 20.7.2016 and valid for period ending 30.6.2021 and for the captive power plant has valid consents under Water (Prevention and Control of Pollution) Act, 1974 and emission under the Air (Prevention and Control of Pollution) Act, 1981 vide combined consent order No.AWH - 300972, PCB ID:28712, dt.169.2016 and valid for the period ending 30.6.2021.
M/s. Kalaburagi cements Ltd., transports raw material land finished goods through covered trucks to present fugitive emission. The number of trucks passing through Tandur Town is reported to be 40 vehicles per day. The ambient air quality has been monitored at labour colony on 18.5.2017 and 10.7.2017 and the monitored ambient air quality concentration is 52 ug/m3 and 28 ug/m3 respectively as against the national ambient air quality concentration is 52 ug/m3 and 28 ug/m3 respectively as against the national ambient air quality standard of 100 ug/m3. M/s. Kalburugi Cements Pvt. Ltd., has installed the following air pollution control measures detailed below and has sister concern. M/s. Gulbarga power pvt. Ltd wherein it has captive power plant of 30 MW capacity and8.4 MW waste heat recovery system.
Sl. Chimney Height of Air pollution Constituents to Tolerance 27 No attached to chimney control be controlled in limits mg/Nm3 AGL in equipment the emissions meters provided 1 Raw Mill 80 Reverse air PM,SO2,N 50 land kiln bag house Ox 2 Clinker 40 Electrostatic PM 50 cooler precipitator 3 Cement mill 78 Bag PM 50 filter 4 Coal mill 63 Bag PM 50 filter 5 Captive 80 Electrostatic PM, SO2, 50 Power precipitator MOx Plant - 30 MW 6 Coal 20 Bag PM 50 crusher filter 7 Lime stone 15 Bag PM 50 crusher filter
The conveyors for conveying materials has been completely covered by MS sheets to control fugitive emissions.
The industry has also provided continuous emission monitoring systems and is connected to the server of CPCB and has provided CEMS to the following chimneys.
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Sl.No. Chimney attached to Make of Parameters
equipment measured
1 Raw Mill land kiln FLS Particulate matter
SO2 and NOx
2 Cooler FLS Particulate Matter
3 Coal mill FLS Particulate Matter
4 Cement mill FLS Particulate Matter
5 Captive power plant FLS Particulate Matter
SO2 and NOx
The continuous monitoring reports for the periods from 30.4.2017 to 30.6.2017 submitted by the industry for the stacks attached to the Raw mills and kiln, cooler, coal mill, cement mill land captive power plant is enclosed and the concentration of particulate matter is within the tolerance limits of 30 Mg/Nm3. The stack monitoring for the stacks attached to kiln, cooler and captive power plant has been monitored on 18.5.2017 and 10.7.2017 and concentration of particulate matter is 23Mg/Nm3, 26Mg/Nm3 and 18 Mg/Nm3 respectively and 18 Mg/Nm3, 16 Mg/Nm3 and 16 Mg/Nm3 which is within the tolerance limit of 30 Mg/Nm3. The industry has also installed one continuous ambient air quality station near the entrance of the cement plant and the CAAQM station has been connected to CPCB server. The CAAQM report for the period from 31.5.2017 to 30.6.2017 and concentration of PM10 and PM 2.5 is within the tolerance limits prescribed by national ambient air quality standards.
29The ambient air quality monitoring has been conducted at labour colony as 18.5.2017 and 10.7.2017 and concentration of PM10 is 52 ug/m3 and 28 ug/m3 which is within the tolerance limits of 100 ug/m3 as per NAAQM standard. The internal roads has been concreted to prevent fugitive emissions and have planted about 1 lakh saplings in the cement plant, mines and colony."
15. Heard learned counsel appearing for applicant, learned counsel appearing for official respondents and learned counsel appearing for respondents 10 to 12. It is brought to our notice that similar issue has been considered by the Principal Bench in TENDUR CITIZENS WELFARE SOCIETY VS. STATE OF HYDERABAD (O.A.No.925 of 2018 dt. 14.11.2019) which was also filed by the same applicants, and the application was disposed of by order dated 11.4.2019 which reads as follows:
"The complaint before this Tribunal is against high level air pollution in Tandur Town, District Vikarabad, Telangana. This Tribunal, vide order dated 21.12.2018, sought a factual and action taken report from the State Pollution Control Board (SPCB). According to the report dated 16.02.2019 which was considered by this Tribunal vide order dated 29.03.2019, the SPCB stated that one of the causes of air pollution was micro stone cutting and polishing units and open burning of municipal solid waste apart from construction activities without requisite safeguards. A task force was constituted which took steps against open burning of solid waste, apart from mitigation measures during the road 30 construction. The Tribunal directed that remedial measures be taken against air pollution caused by micro stone cutting and polishing units and a further report filed. Further report dated 11.07.2019 was considered vide order of this Tribunal dated 29.08.2019. The Tribunal required a status report from a joint Committee with reference to the grievance that heavy cement industries were emitting carbon dioxide which was not being checked. They were located close to the town without adequate safeguards. Other sources of pollution such as road and building constructions, stone industries, etc. were not being properly regulated.
Report filed by the joint Committee comprising CPCB, State PCB and District Magistrate, Vikarabad dated 31.10.2019 is that air quality was not meeting the requisite standards. The main sources are dust emissions. Cement industries are also not meeting the air quality standards. The Committee has recommended step for construction of bypass road, providing land for disposal of stone chips etc. apart from proper sweeping of roads, development of green belt, sprinkling of water and other mitigation measures. The conclusion and recommendations are quoted below:-
"V CONCLUSION:
As per the monitoring reports, it is concluded that the concentration of PM2.5 and PK° are exceeding the National Ambient Air Quality standards 31 at two commercial locations namely (i) At Police Station, Tandur Circle &
(ii) M/s. Leo-9 Fuel Station, Chincholi Road. The gaseous parameters SO2 & NOx are meeting the Standards in these two commercial locations.
However, the parameters PM2.5, PMio, SO2 & NOx monitored in the residential area at Sri Satya Sai Seva Sadan are meeting the National Ambient Air Quality standards.
The main sources of air pollution in Tandur town are dust generation due to large movement of vehicles especially heavy vehicles carrying raw materials/products for cement industries and stone cutting & polishing units, road construction activities, improper sweeping of the roads and unauthorized disposal of stone chips & sludge by stone cutting and polishing units.
The stone cutting & polishing units are allotted private lands for disposal of wastes i.e., stone chips & sludge, generated from the stone cutting and polishing operations. However, it was found that the entire wastes generated are not reaching to the common point and dumped on road sides which causes air pollution during the vehicular movement. As per the Monitoring reports of M/s. Penna Cement Industries Limited, the PM2.5 & PK() are not meeting the National Ambient Air Quality Standards and Particulate Matter exceeding the standards prescribed in the consent for the stack attached to Coal Mill and Cement Mill - I & II. As per the Monitoring reports of M/s. Cement Corporation of India Ltd., the fugitive emissions are not meeting the Standards and Particulate Matter exceeding the prescribed standards for the stack attached to Cement Mill - I. Accumulation of fine dust on the plant leaves, road side, production block, surroundings areas of clinker silos were observed and it causes air pollution during the vehicular movement. M/s. The India Cements Limited meets the prescribed standards for Ambient Air Quality, fugitive emission and source emission. However, during inspection it was noticed that deposits of fine dust on the plant leaves inside the premises.
As regards to green belt development by the cement industries, M/s. Penna Cement Industries Ltd., and M/s. The India Cements Ltd., have developed 53% & 37% of green belt respectively as against the prescribed standard of 33%. But M/s. Cement Corporation of India Ltd., has developed only 30% of green belt.
The cement industries are not directly causing air pollution to Tandur Town as these industries are located at a radial distance from 6.46 km to 10.06 km. However, these industries are indirectly responsible for air pollution in Tandur town as these industries are transporting raw materials and products using heavy vehicles, about 3000 trucks every day (It includes 2 cement industries being operated outside the state i.e., in Karnataka State), through Tandur town causing severe dust generation during the vehicular movement.
The Telangana SPCB should initiate necessary action against the cement industries for non-compliances observed during inspection and 32 monitoring of these units by the Joint Committee. RECOMMENDATIONS OF THE JOINT COMMITTEE:
The Government should hasten the process of constructing by-pass road in Tandur town to avoid the large movement of heavy vehicles, which is one of the main sources of air pollution in Tandur town. The Government should allocate common lands of minimum 2 acres in each of the four areas namely Chencholi Road, Kokat Road, Hyderabad Road & Kodangal Road for the disposal of stone chips & sludge, where the cluster of stone cutting and polishing units are present as a short term measures.
The Government should explore the possibility of allocation of about 300 acres land for relocation of all stone cutting & polishing units outside the Tandur town as a long term measures to prevent the air pollution in the town.
An efficient marketplace should be created for the sale & purchase of stone chips & sludge for the small scale units to sell their wastes to the cement industries. This will provide an incentive for the various stakeholders to systemically handle the dust generating wastes in the area. For this, the cement industries should be directed to accept the stone chips & sludge and utilize them in their process as a raw material. The Government may waive off the royalty on the waste accepted by the cement industry. The Government should direct the concerned Departments to complete the ongoing road construction works within Tandur Town in a time bound manner as it is one of the main sources of air pollution.
The Municipal Authorities should take up regular sweeping of roads by using sweeping machines, sprinkling of water on the roads and development of green belt along the road side as a mitigate measures to control the air pollution."
Let the State PCB and District Magistrate, Vikarabad take further follow up action in the light of above recommendations and the existing ground situation. For violation of environment norms by the cement industries and other industrial units, including stone cutting industries, the State PCB may assess and recover environmental compensation apart from other coercive measures in accordance with law. They may prepare a time bound action and execute the same. If 33 any grievance survives the aggrieved party will be free to take legal remedies.
The application is disposed of."
16. It is seen from the order that the State Pollution control Board and District Magistrate, Vikarabad were directed to take necessary further follow up action in the light of the recommendations extracted above in the order. It is also directed to take action against those persons if there is any siting criteria violation and if there is any environment damage assess environment compensation and recover the same. It is not known thereafter, what action has been taken by the authorities.
17. So under such circumstances, we direct District Collector, Vikarabad and Telangana State Pollution Control Board to submit a report as to what are all the actions taken by them in compliance of the directions given by the Principal Bench of this Tribunal in TANDUR CITIZENS WELFARE SOCIETY VS. THE GOVERNMENT OF TELANGANA (O.A.No.925 of 2018 dated 14.11.2019) to this Tribunal within a period of one month through e-mail at [email protected]. For consideration of report, post on 22.4.2020 .........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A.195/2016 6.3.20 20-kkr