National Green Tribunal
Tandur Citizens Welfare Society Rep. By ... vs Government Of Telangana Rep. By Its ... on 13 May, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 195/2016(SZ)
Tandur Citizens Welfare Society
Rangareddy District Applicant
Versus
Government of Telangana, Rep by its Secretary,
Environment and Forest Department,
Hyderabad and Ors. Respondent(s)
Date of hearing: 13.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
For Respondent(s): Mrs. H. Yasmeen Ali, Advocate for R1, R6 & R8.
Mr. G.M. Syed Nurullah Sheriff, Advocate for R2.
Mr. D.S. Ekambaram, Advocate for R3.
Mr. T. Sai Krishnan, Advocate for R4
ORDER
The Issue
1. Grievance in this matter pertains to air pollution caused in and around Tandur Village, Ranga Reddy District of Telangana State on account of operation of five cement factories in the area, having population of 75,000 in the Town and 1,50,000 in rural area around the town, apart from 50,000 floating population, as per case of the Applicant.
2. Case set out in the application is that the Ninth respondent cement factory was established in 1977; 10th respondent cement factory was 1 established in 2000; 11th respondent cement factory was established in 2008 and 12th and 13th respondent cement factories were established in 2010. The 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 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 are made, some inspection is being done by Pollution Control authorities and in spite of being convinced that pollution is caused, 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. Final judgement dated 24.8.2021
3. After issuing notice to the cement factories as well as the regulatory authorities including the State PCBs of Telangana and Karnataka and the Railway Administration and considering the rival stands and the factual reports submitted by the statutory regulators on directions of this Tribunal, the Tribunal finally dealt with the matter vide judgement dated 24.08.2021. The operative part of the order of the Tribunal is as follows:- 2
"36. So, this application is disposed of as follows:-
i. The State of Telangana is directed to complete the acquisition proceedings and also shifting of the chip industries as informed to the State Pollution Control Board through Telangana State Industrial Infrastructure Corporation Ltd. vide their letter dated 23.07.2021 namely, within a total of 33 months. Out of which, the acquisition proceedings have been completed so that they will have to complete the process of shifting the units by establishing the industrial park in the proposed acquired area at the earliest but any rate within a period of 27 months from today.
ii. The Telangana State Pollution Control Board is directed to conduct periodical inspections of the area in question to ascertain the Ambient Air Quality and if it exceeds the standard provided, then they are directed to take appropriate action by giving direction to the persons who are responsible for the same to avoid air pollution being caused in that area. iii. The Telangana State Pollution Control Board is also directed to periodically inspect the cement factories in that area and also the railway sidings to ascertain as to whether there was any air pollution caused either due to the operation of the cement factories or during loading and unloading and if there is any excess pollution found, they are directed to take appropriate steps by giving direction to arrest the same by providing necessary pollution control mechanism, including imposing environmental compensation, if any, air pollution caused on account of such activities.
iv. The question of the interlocking system which has been introduced in cement factories can be extended to other industries as well where this Online Continuous Emission Monitoring System (OCEMS) is installed and State of Telangana and State Pollution Control Board are directed to take steps in this regard v. The Central Pollution Control Board (CPCB) is also directed to consider this aspect and implement the same in other States as well vi. The District Collector, Vikarabad District as well as the Telangana State Pollution Control Board are directed to file their periodical reports regarding the progress of the shifting and other activities and also the completion of road as directed by the Principal Bench of National Green Tribunal in the order mentioned above once in 6 (Six) months.
vii. The steps taken by the Telangana State Pollution Control Board and the Central Pollution Control Board in respect of giving direction to the other industries where the Online Continuous Emission Monitoring System (OCEMS) for providing interlocking system as directed by them in 3 this case and submit a report to this Tribunal regarding the steps taken within a period of 3 (Three) months. viii. The District Collector, Vikarabad District is also directed to monitor the progress of the work and also take appropriate steps to curb the air pollution that is being complained off by the people in the locality by taking appropriate action against the persons who are responsible for the same so as to avoid further complaints from the people in the locality. They can also take temporary measures to suppress the dust pollution that is being experienced by the people in the locality till the permanent measures suggested above were completed or accomplished.
ix. The Office is directed to place the reports as and when received before this Bench for consideration and also for giving further directions (if any) required in this regard. x. Considering the circumstances, the parties are directed to bear their respective costs in the application."
Consideration of compliance status on 17.12.2021 and 9.2.2022
4. After the above judgement, the matter was taken up for consideration of the reports in pursuance of directions of this Tribunal on 17.12.2021 and 09.02.2022 on the issue of interlocking system where OCEMS are installed and compliance of directions of the Tribunal on the issue of shifting of polluting industries. After consideration, the matter was deferred.
Further consideration today and final order
5. In continuation of earlier proceedings, we have heard learned counsel for the appearing parties and perused further reports filed by the CPCB and Telangana State PCB on 09.02.2022. On consideration thereof, we proceed to pass final order closing the proceedings. Report on suggestion of interlocking system
6. Status report filed by the CPCB states that a Committee has been duly constituted as directed by this Tribunal which first held its meeting 4 on 05.02.2022 and it was decided to introduce system to stop production on failure of the pollution control system subject to following conditions:-
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a. Use of interlocking should be between the production process and the emission/effluent control equipment through a PLC and SCADA systems. It is not desirable to use such interlocking with OCEMS.
b. Instant shutting down of some industrial processes may pose risk of safety and health hazard to workers, due release of fugitive emissions/gases or discharges. Therefore, interlocking system may not be feasible in sectors such as pharmaceutical, petrochemical, etc. c. Industrial processes are diversified across the sectors and specific arrangements/protocols may be required for each sector.
d. Interlocking systems may be implemented in only those industries, where such interlocking systems does not pose risk of safety and health hazard to workers.
e. Further, within industry, there is a need to identify feasible process areas where interlocking systems can be implemented effectively and safely.
f. Interlocking systems may be implemented in phased manner in noncritical processes as part of the production process. Committee recommended for Inputs/suggestions to be sought from State Pollution Control Board (SPCBs)/Pollution Control Committees (PCCs), to identify industries and the processes within industry for the feasibility of implementing interlocking systems, for further consideration."
7. Further report has been filed by CPCB on 06.05.2022 with regard to feasibility of interlocking of industrial process with OCEMS and assessment of feasibility of interlocking of industrial processes with OCEMS. Relevant extracts from the report is as follows:-
"3. Industrial Inter-Locking System Many industrial sectors adopt interlocking system, where industrial operations are regulated with different control system such as instruments, devices, networks, etc. In such system, the control devices operate at pre-set parameters/range (mostly temperature and pressure), failing which interlocking system get triggered/activated to regulate the process. Such interlocking systems are used by 5 industries to ensure quality control in product manufacturing, minimizing wastages/losses of raw-material/final product and to ensure safety in operations.
4. Assessment of feasibility of interlocking of industrial processes with OCEMS In order to examine the feasibility of introduction of interlocking system in various industrial sectors having OCEMS, CPCB constituted a Committee, vide order no. CPCB/IPC-VI/OCEMS/Interlocking, dated 02.02.2022 (copy given at Annexure-I), comprising of the representatives of (i) National Environmental Engineering Research Institute (NEERI), Nagpur, (ii) National Chemical Laboratory (NCL), Pune, (iii) West Bengal Pollution Control Board, (iv) Maharashtra Pollution Control Board and (v) Central Pollution Control Board.
During the meetings held on 05.02.2022 and 02.05.2022, the Committee examined the matter and recommended the following:
i. The purpose of OCEMS is to regulate and minimize inspection of industries on routine basis by bringing self-discipline in the industries to exercise self-monitoring and compliance. Further, through continuous access of effluent and emission data, SPCBs/PCCs and CPCB also ensure constant vigil on environmental compliance by industries. ii. OCEMS are linked to both CPCB and SPCB servers and SMS messages/alerts get generated in case of value of pollutant parameter exceeds prescribed environmental norms, non- acceptable variations in data and offline behaviour of OCEMS. The existing set up is adequate for self- monitoring and to initiate corrective action, including regulating the production process.
iii. It is not recommendable to use OCEMS based interlocking for instant shutting down of industrial processes, as the same may pose risk to safety, health hazard and uncontrolled emissions, due to incomplete chemical reactions/processing, especially in the industrial sectors such as chemical industries, copper smelters, thermal power plants etc.
5. Steps taken by CPCB to ensure industrial compliance through OCEMS The real-time OCEMS values of environmental pollutants of trade effluent and emissions, discharged from industrial units are transmitted online to CPCB and concerned SPCB/PCC servers on 24x7 basis. The central software processes the data and in case of value of pollutant parameter exceeds prescribed environmental norms, an automatic SMS messages/alert is generated and sent to industrial unit, SPCB and CPCB, so that corrective measures can be taken by the industry immediately and appropriate action can be taken by concerned SPCB/PCC.
CPCB also carries out inspection-cum-monitoring of industries, selected on the basis of the real time data received through OCEMS 6 installed in industries. Since 2016, on the basis of SMS alerts generated due to violations of environmental norms, CPCB has been carrying out inspection-cum-monitoring of 17 categories of highly polluting industries on random basis. In case of non-compliance, action against industry is taken under the provisions of Water Act, 1974, Air Act, 1981 and Environment (Protection) Act, 1986. So far, CPCB has carried out inspection-cum-monitoring of 759 industries, out of which 370 units were found non-complying with prescribed environmental norms to whom show-cause notices or closure directions were issued under the provisions of Environment (Protection) Act, 1986. The sector-wise status of inspections carried out based on SMS alerts is given at Annexure-II.
6. Conclusion Considering the present status of OCEMS and also keeping in view the risk to safety, health hazard and uncontrolled emissions in case of sudden shut-down of processes, it is not recommendable to force industries to install interlocking system between OCEMS and production processes, across all the sectors."
Report about progress on directions for shifting and other directions
8. The report filed by the Telangana State PCB is with reference to Acquisition proceedings and shifting of Stone Polishing Industries through TSIIC, Construction of By-pass Road for Tandur Town by R&B Dept., AAQM Monitoring in Tandur Town, Monitoring of Pollution of three Cement Industries located near Tandur Town and Providing interlocking system by the cement industries which have provided Online Continuous Emission Monitoring System (OCEMS). The suggestions and conclusions in the report are:-
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VI. Suggestions and Conclusions:
The following measures are suggested to be taken up by the concerned Authorities to further improve the Ambient Air Quality in Tandur Town: -
i. The vehicles carrying raw materials and products shall be covered completely.
ii. The frequency of intervals of cleaning / sweeping of roads and water sprinkling through dedicated water tanker shall be increased in Tandur town.
iii. The stone cutting & polishing units shall not dispose stone chips & sludge along the roadside and shall 7 dispose the same in the dedicated location allotted by Tandur Municipality, iv. The R&B Department shall complete the by-pass road construction of Tandur Town at the earliest. The Board will regularly monitor the Ambient Air Quality in Tandur Town and the Stack Emissions & AAQM in the Cement industries for compliance of the Board directions."
Final order closing the proceedings
9. This Tribunal has identified the remedial measures and issued final directions vide order dated 24.08.2021 which include progress report about compliance being put up. Such reports have been put and considered today and on two occasions earlier.
10. None appears for the Applicant. Since this Tribunal cannot be a substitute for the statutory regulators to continue to monitor compliance for indefinite period, we close the proceedings, reiterating the directions already issued, with liberty to aggrieved parties to move afresh if any grievance survives on account of non compliance of directions already issued or otherwise. However, the monitoring may be continued by the statutory regulators, in accordance with law.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM May 13, 2022 Original Application No. 195/2016(SZ) AB 8