National Green Tribunal
Social Action For Forest & Environment ... vs Union Of India on 25 October, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
(By Video Conferencing)
Original Application No. 400/2019
(I.A. No. 403/2019, I.A. No. 611/2019, I.A. No. 615/2019,
I.A. No. 08/2020 & I.A. No. 383/2020)
Social Action for Forest & Environment (SAFE) Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 25.10.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Sanjay Upadhyay, Advocate
Respondent(s): Mr. Saurabh Kulkarni, Advocate in I.A. No. 403/2019
Mr. Raj Kumar, Advocate with Mr. Anand Kumar, Scientist E,
CPCB
ORDER
1. The issue for consideration is the absence of proper management of End-of-Life Tyres/Waste Tyres (ELTs) in accordance with the Environment (Protection) Act, 1986, Environment (Protection) Rules, 1986, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, CPCB Guidelines for Environmentally Sound Management of End of Life Vehicles, 2016 and Standard Operating Procedure (SOP) issued by the MoEF&CC on the subject.
2. Vide order dated 25.04.2019, the Tribunal sought a report from the Central Pollution Control Board (CPCB) about the status of compliance of Rules on the subject and remedial measures required with reference to the prayers in the application:
1" a. There should be a complete ban of ELTs in Pyrolysis Industries due to non-implementation of the existing laws by the Pyrolysis Plants resulting in adverse environmental impact;
b. A comprehensive performance assessment of pyrolysis industries should be ordered to be done through the SPCBs or an independent agency in order to gauge the magnitude of the problem at hand;
c. The principle of Extended Producer Responsibility (EPR) must be made mandatory for tyre manufacturers as well as tyre importers;
d. A set of Guidelines for alternative environment friendly uses of ELTs must be immediately framed based on global best practices;
e. A comprehensive time bound implementation plan be put in place for ELTs in conformity with various laws, Rules and Guidelines on Waste Tyres, to be executed by a Task Force."
3. The matter thereafter considered on 19.09.2019 in the light of the report furnished by the CPCB on 30.07.2019 and directions were issued for remedial action as follows:-
"1to3 xxx xxx
4. Accordingly, a report has been filed by the CPCB on 31.07.2019 to the effect that there are 637 tyre pyrolysis units in 19 states of the country. Out of 637 tyre pyrolysis units, 251 units are complying, 270 units are not complying and 116 units are closed. In most of the cases, it was observed that the reason of non-compliance is not meeting the criteria of SOP of MoEF & CC and the consent conditions issued by the SPCBs/PCCs. In case of non-compliances 2 actions have been initiated in the form of closure directions or time specific directions for improvement or notices for compliance. The remedial measures suggested are as follows:
"Remedial Measures:
The following remedial measures are suggested for addressing the environmental concerns in the tyre pyrolysis units:
1) Only continuous tyre pyrolysis units be allowed and all the units having batch process be asked to switch over to continuous process within a given time frame of one year and till the time of conversion their operation be stopped;
2) The feed to the continuous reactors should be in the form of tyre chips and mechanical feeding system with air lock arrangements so that no air enters in the reactors.
3) The unit should install packed bed scrubber for control of gaseous emission and reduction of odour;
4) The tyre pyrolysis units should strictly follow the Standard Operating Procedures (SOPs) issued by MoEF& CC for continuous process and the consent conditions issued by SPCBs/PCCs."
5. The report has also annexed Standard Operating Procedure (SOP) issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) dated 24.11.2015 to the effect that 'batch process' leads to carbon spillage and exposure of workers. Some explosions have also been reported. Such process has major shortcomings. The recommendation is that the batch process should be switched over to 'continuous process' within one year. We are informed that that CPCB is going to issue a direction under Section 5 of the Environment (Protection) Act, 1986 directing switchover to 'continuous process' within one year.
6. Our attention has also been drawn to SOP on 'import and recycling of waste pneumatic tyres' to the effect that said tyres fall in Hazardous Waste Rules. Import thereof needs to be restricted to the actual users having requisite consent. It is also pointed out during the hearing that the State of Punjab issued order dated 15.11.2014 for the Location and Siting for Waste-tyre based Pyrolysis Plants and Pollution Prevention/Safety measures to be adopted by such units.
7. In view of above, it is clear that Pyrolysis process involves high level of pollution and also adversely affects the health of the workers involved in the process. The matter being covered by the Hazardous Waste Management Rules, there is need for restrictions on import and to regulate location of such units in the light of the carrying capacity of the area.
8. Accordingly, CPCB may issue appropriate directions on the subject after due consideration of the issue. The directions should also deal with the restrictions on import so as to ensure that India 3 does not become a dump yard for highly polluting hazardous waste material from other countries and also to ensure that health of the workers involved in the process is duly safeguarded.
9. The States wherein such 270 non-complying units are located need to take remedial action including levy of Environmental Compensation to ensure that such units comply with air, water and hazardous waste pollution norms within a reasonable time span. Let CPCB monitor the compliance and file the status and compliance report on or before 30.11.2019 by e-mail at [email protected]."
4. In pursuance of above, the CPCB filed status and compliance report on 18.12.2019 and additional supplementary status and compliance report on 03.01.2020. As per report dated 18.12.2019, information furnished by the 19 SPCBs and PCCs which was updated in the additional supplementary report dated 03.01.2020, the State-wise status of compliance was as follows:-
" S. States Total Number Non- Number Remarks No. numbe of complying of closed r of complyin units units units g units 1 Andhra 39 06 15 18 The Board has Pradesh issued closure order on 21.12.2019 to 15 number of non-complying Tyre pyrolysis units.
2. Assam 08 05 0 03 -
3. Bihar 18 0 2 18 All the 18 tyre pyrolysis units in the state are closed.
4. Chhattisgarh 27 24 03 00 03 units elect disconnected
5. The statistics was summed up as follows:-
"As per the action taken report as received from the SPCBs in compliance with the direction dated 04-12-2019, there are now 678 tyre pyrolysis units in 19 states of the country, an increase of 06 units over the last reported figure of 672. Out of 678 tyre pyrolysis units, 270 units are complying, 250 units are not complying and 155 units are closed/not in operation. CTO of 02 units are under renewal. Out of these two units one unit is 4 operational and another unit is closed. 01 unit has applied for on line consent and the case is under process.
The increase in number of compliance units is mainly due to monitoring by CPCB and SPCBs. SPCBs based on direction of CPCB has started process of closing the non-compliance units. Maharashtra Pollution Control Board (MPCB) has recovered environmental compensation of Rs. 77,500/- from 3 units."
6. Copies of directions issued by CPCB on 04.12.2019 and 30.12.2019 were annexed as follows:-
04.12.2019 "Now, THEREFORE, in exercise of the powers vested under the Section 5 of the Environment (Protection) Act, 1986, directions are hereby issued to you to close down all such pyrolysis units in your State/UT which are not complying as on date with consent conditions and SOP of the MoEF&CC.
You are also directed to carry out strict vigilance and monitoring in complying industries to ensure continued compliance of consent conditions and SOP of MoEF&CC. You are further directed that import of polluting hazardous waste material shall be strictly regulated as per Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and amendment thereof.
Action Taken Report (ATR) shall be submitted to the Central Pollution Control Board by 25.12.2019. Failing to comply with these directions, shall attract appropriate action under law."
30.12.2019 "Now, THEREFORE, in exercise of the powers vested under the Section 5 of the Environment (Protection) Act, 1986, directions are hereby issued for regulating location of tyre pyrolysis industries in light of the carrying capacity of the area. Henceforth, any new/expansion of existing tyre pyrolysis industry be granted consent to establish or amendment in consent to establish only after assessing the carrying capacity of the area. You are also directed to ensure that health of workers involved in the tyre pyrolysis industries is safeguarded.
Action Taken Report (ATR) shall be submitted to the Central Pollution Control Board by 15.01.2020. Failing to comply with these directions, shall attract appropriate action under law."
57. The matter was last considered on 06.1.2020 and considering the prayer of the CPCB to carry out further study, proceedings were deferred to await such study. The operative part of the order is reproduced below:-
"1to6..xxx................................xxx....................................xxx
7. The CPCB has sought four month time to carry out further studies as follows:-
"In view of the representations from the All India Rubber & Tyre Recyclers Association, Mumbai (AIRTRA), where they have claimed that Advance Automated Plants addresses all the environmental concerns as raised by the CPCB and in view of the claim of Pyrolysis Industries Association, Punjab where they have claimed that existing batch plants are meeting the norms and SOPs, it has been decided that CPCB will carry out study of the advance batch automated plants as well as existing batch plants vis-a-vis continuous plant to ascertain whether existing would be able to meet environmental concerns or advance batch automated plants are required to address the environmental concerns. As per outcome of the study, further decision would be taken that whether existing batch/or advance batch automated plant is required or only continuous plants be allowed. CPCB has planned to complete the said study within a period of four months starting from January 2020."
8. Let the above study be carried out with the involvement of NEERI and IIT, Delhi. Compliance of directions already issued be overseen by the CPCB.
A further report in the matter be filed on or before 30.06.2020 by e- mail at [email protected]. The report may also indicate the details of the environmental compensation assessed and recovered."
8. In pursuance of the above, the CPCB has filed the study report on adequacy of capacity of the Tyre Pyrolysis Plants to meet Environmental concerns on 23.10.2021. Study has been carried out by IIT Delhi and NEERI, Nagpur. The Study Committee carried out virtual tours of four sample tyre pyrolysis plants and thereafter actual monitoring of the four plants. Findings and recommendations of the Committee are as follows:-
"E. Observation 6
1. It is observed that the so-called advance batch automated tyre pyrolysis plants are plants with advance features for safety, operation controls and pollution control in comparison to existing batch tyre pyrolysis plants. The advance batch automated plants have following features:
i. Programme Logic Controller (PLC) based auto activation for cutting of gas supply to the burner and for switching off the burners in case of increase of pressure and temperature inside the reactor.
ii. PLC based auto activation of bypass arrangements for bypassing the pyro gas from reactor to primary oil tank connected to various condensers, uncondensed gas collection tank and flaring system in case of blocking/chocking of outlet vent inside the reactor or direct bypass for flaring iii. PLC based system for control of temperature and pressure inside the reactor iv. PLC based gas sensors connected with sirens(hooters) in case of release of gases(Methane and Carbon monoxide) v. Unloading and bagging of carbon black powder jointly through mechanical and manual means with minimal spillage and fugitive emission vi. Suction hood over the gate of reactor and water sprinkling system for prevention of fugitive emission during unloading of carbon black, opening of the gate and unloading steel scrap.
vii. Closed chamber with suction hood and underground storage before the gate of reactor for unloading of carbon black and arrangement for transfer of carbon black through screw conveyor for bagging viii. Arrangement of Nitrogen purging of the reactor ix. Arrangement for storage of Pyro gas x. These plants can handle all type waste tyres
2. M/s Pairan Pyrolysis Pvt. Ltd., Erode, Tamil Nadu, M/s Excel Industries (Unit-2), Kolhapur, Maharashtra and M/s Narmada Industries, Raipur, Chhattisgarh are the Tyre Pyrolysis Plants having features of advance batch automated plants and meet the environmental concerns.
3. Each of the above advance batch automated tyre pyrolysis plants are having some unique feature in comparison to each other. These plants are able to address environmental concerns.
4. The existing batch tyre pyrolysis plants are first generation pyrolysis plants and have only basic operational controls which led to many of the environmental concerns
5. M/s S.G. Petrotech Rohtak, Haryana, M/s Tirath Ram and Co (Unit-ll), Ludhiana, Punjab and M/s Mahie Green Earth Product, Muzaffarnagar, Uttar Pradesh do not have the above features like PLC based operation, bypass arrangement for pyro gas, gas sensors, sirens, and mechanical means of carbon black unloading. Due to absence of these features, these plants are called existing batch tyre pyrolysis plants.7
6. The existing batch tyre pyrolysis plants needs to have the features of advance batch automated tyre pyrolysis plants to meet the environmental concerns. These plants require modifications and improvement in operation control mechanism.
7. The existing batch tyre pyrolysis plants have issues with regard to fugitive emission, spillage of carbon black powder, spillage and fugitive emission during unloading of carbon black and steel scrap and release of pyro gas into the atmosphere
8. M/s Royal Carbon Black Pvt. Ltd., Raigad, Maharashtra is a continuous tyre Pyrolysis Plant and meet the environmental concerns
9. It is observed that the advance batch automated tyre pyrolysis plant at Raipur; Chhattisgarh has higher levels of PM10 and PM2.5. However, the reason for high levels cannot be attributed to one-day operation of Tyre Pyrolysis Plant as the area is surrounded by several sponge iron plants, which are known to cause particulate matter (PM) pollution. Other parameters such as VOCs, CO and B (á) P are within limits
10. It is observed that in existing batch tyre pyrolysis plants namely M/s S.G. Petrotec, Rohtak, Haryana and M/s Mahie Green Earth Product, Muzaffarnagar, Uttar Pradesh, thevalueofPM10 and PM2.5 and VOCs are on higher side in ambient air and in the work zone
11. The existing batch tyre pyrolysis plants do not have safety features and have issues of fugitive emission, spillage and escaping of pyro gas, etc. The existing tyre pyrolysis plants do not have gas sensors and do not carry out Nitrogen (N2) purging before opening of the reactor's gate in most of the cases.
12. The issue of fugitive emissions& spillage of black carbon are prominent in existing batch tyre pyrolysis plants
13. For initial heating purpose different fuels are being used. M/s Pairan Pyrolysis Pvt. Ltd. and M/s Excel Industries were using oil emulsion. M/s Narmada Industries is using pyro gas stored in rubber balloon, M/s Royal Carbon Black Pvt. was using light oil fraction of Tyre Pyrolysis Oil (TPO), M/s S.G. Petrotech was using natural gas(LPG) and M/s Tirath Ram and Co (Unit-ll) and M/s Mahie Green Earth Product were using wood.
14. The yield of Tyre Pyrolysis Oil (TPO) is more or less same in continuous, advance & existing batch processes. The calorific value of TPO is very high. The calorific values observed in advance batch automated plants are 6347 Kcal/kg, 9100 Kcal/kg and 10265 Kcal/kg. The calorific value observed in existing batch Tyre Pyrolysis Plants are 9120 Kcal/kg, 9926.38 Kcal/Kg and 7003 Kcal/Kg. In the continuous Tyre Pyrolysis plant the calorific values observed are 7560 kcal/kg for heavy fraction and 7610 kcal/kg for light fraction
15. Tyre Pyrolysis Oil (TPO) has low sulphur content in the range of 0.87% to 1.28%, Ash content 0.087% wt, total halogen in the range of 146.27 ppm to 287.4 ppm. The carbon number varies from C4 -C30, flash point 52ºC to 54ºC, boiling range 8 from 66.4C to 312C, sediment ranges from 0.002% to 0.0063% wt., PONA ranges from 69.53% to 70.87% v/v, pour points varies from - 30ºC to -6ºC, Conradson carbon residue ranges from 0,62% to 3.41% and kinematic viscosity at 40ºC ranges from 3.67 to 6.12 6.0 CONCLUSIONS OF THE STUDY ON ADEQUACY OF TYRE PYROLYSIS PLANTS TO MEET ENVIRONMENTALCONCERNS i. Advance batch automated tyre pyrolysis plants are plants with advance features for safety, operation controls and pollution control in comparison to existing batch tyre pyrolysis plants and are upgraded version of existing batch tyre pyrolysis plants.
ii. Advance batch automated tyre pyrolysis plants are found to meet environmental issues/concerns identified in the earlier report submitted by CPCB to the Hon'ble NGT (PB) in the matter of OA No. 400 of 2019.
iii. The advanced batch automated plants are able to meet environmental concerns, as the plants were run under continuous supervision and by strictly adhering to SoPs. iv. The existing batch tyre pyrolysis plants are first generation pyrolysis plants and have only basic operational controls which led to many of the environmental issues/ concerns v. The advance batch tyre pyrolysis process and continuous tyre pyrolysis process had demonstrated compliance with regard to work zone limits and no significant impact on ambient air quality.
vi. Existing Batch Tyre Pyrolysis Plants need additional features like PLC based control arrangement, by pass arrangement for pyro gas, installation of gas sensors, pressure, temperature gauges at reactor & storage tank, alarm system, facility for flaring of entire pyro gas during emergency, arrangement for re-circulation of pyro gas for reactor's heating, suction hoods over the gate of reactor, sprinkler system for control of fugitives and mechanized arrangement for unloading of carbon black powder and arrangement of nitrogen purging etc. to meet the environmental concerns. vii. Odourin the tyre pyrolysisplants are due to leakage from the pipe lines of oil & gas and due to storage of purge water (oil mixed water) viii. The yield and calorific values of Tyre Pyrolysis Oil is more or less same in continuous, advance & existing batch process. ix. Tyre Pyrolysis Oil (TPO) has high calorific value in the range of 6300 Kcal/kg to 10200 Kcal/kg and low sulphur content in the range of 0.87% to 1.28%, Ash content 0.087% wt., total halogen in the range of 146.27 ppm to 287.4 ppm. The carbon number variesfrom C4 -C30, flash point 52ºC to 64ºC, boiling range from 66.4ºC to 312ºC, sediment ranges from 0.002% to 0.0063% wt., PONA ranges from 69.63% to 70.87% v/v, pour points varies from - 30ºC to -6ºC, Conradson carbon residue ranges from 0.62% to 3.41% and kinematic viscosity at 40ºC ranges from 3.67 to 6.12.
9x. The value of sulphur content, calorific value, sediment, lead, arsenic, cadmium+ chromium-*- nickel, PAH, Total halogens, PCBs, and water content in the TPO is well within the limits specified for fuel oil obtained from the recycling of waste oil and mentioned in the schedule V Part B of Hazardous & Other waste (M&TM) Rules 2016) xi. Health issues have not been reported during the study except at the unit M/s Mahie Green Earth Product, Muzaffarnagar, UP.
7.0 RECOMMENDATIONS OR THE STUDY ON ADEQUACY OF TYRE PYROLYSIS PLANTS TO MEET ENVIRONMENTAL CONCERNS i. All the existing batch Tyre Pyrolysis Plants to install additional features like PLC based control arrangement, bypass arrangement for pyro gas from reactor door to primary condenser, installation of gas sensors, pressure, temperature gauges at reactor & storage tank, alarm system, flaring of entire pyro gas during emergency, arrangement for re-circulation of pyro gas for reactor's heating, provision for flaring of pyro gas, suction hoods over the gate of reactor and carbon black powder bagging area, water sprinkler system and mechanized arrangement for removal of carbon black powder and steel scrap and arrangement of Nitrogen(N2) purging.
ii. Initial firing of reactor and heating of the reactor to be done either by using pyro gas generated by the plant itself or by use of purge water (oil mix water)/oil water emulsion, or by tyre pyrolysis oil or any other fuel approved by concerned SPCBs /PCCs. After generation of pyro gas, the same is to be used for the purpose of heating reactor. Plants to install adequate APCD for controlling flue gas emissions.
iii. Feed to tyre pyrolysis plants has to be full waste tyre or two piece cut waste tyre with steel for better operational control in existing batch tyre pyrolysis plant.
iv. It has been observed that unloading of steel scrap from the reactor results into spillage of carbon black around the reactor area and generates fugitive emission. Plants to ensure no such spillage occurs by using suitable trays with wheels for transporting the steel scrap within the premise from generation points to storage points. This operation can be made cleaner by use of vacuum cleaner after each batch operation. v. Unloading of carbon black powder from the reactor should be done under controlled conditions through a pneumatic /screw conveyor system in such a manner that the contents of the reactor are not open to the atmosphere at any point of time. The end of the conveyor system shall be attached to a bagging plant where all the carbon black powder will be bagged in the HDPE bags with proper sealing.
10vi. Suction hood to be installed above door of the reactor.
Suction hood also to be installed at the transfer points across the work zone such as at carbon black powder bagging area etc. to control fugitive emissions. All suction hood to be connected to centralized bag filters /wet scrubber attached with stack of 30 m height (installed for control of flue gas emissions). vii. Water sprinklers to be installed at the transfer points for arresting fugitives.
viii. Tyre Pyrolysis Plants to install ETP for proper treatment of waste water generated. Also plants to ensure that treated water be re-used in unit itself & there is zero effluent discharge in all the Tyre Pyrolysis Plants ix. The transportation of Carbon Black and Tyre Pyrolysis Oil (TPO)should strictly be done in closed vehicles to ensure that there is no spillage of carbon black or TPO during their transportation x. All Tyre Pyrolysis Plants to carry out annual health check-up of all the employees working in the unit & submit its report to concerned SPCBs/PCCs on annual basis.
xi. SPCBs/PCCS to carry out vigilance & randomly inspect Tyre Pyrolysis Plants @ 25% of total Tyre Pyrolysis Plants per annum in their respective States/UTs and submit their compliance reports quarterly and annually to CPCB.
xii. SPCBs/PCCs while granting consent to establish & operate a new Tyre Pyrolysis Plants only after assessing the area of the plant premises where unit is proposed. The area of the plant premises carry more weightage asthe emission from tyre pyrolysis unit does not affect far away community, instead it is the immediate neighborhood that is affected. Black carbon, being large size particle is accidently spilled over in the plant premises during its handling and therefore cannot travel to larger distance under the influence of wind. Odor remains a nuisance to the nearby residential and industrial area. In case of existing plants seeking expansion of processing capacity, the same may also be granted only after plant area is found sufficient. CPCB will issue guidelines on area of the plant premises accordingly within ten months.
xiii. CPCB to revise SoP and prepare guidelines for both existing batch and continuous tyre pyrolysis plant and its process within ten months."
9. Learned counsel for the applicant submits that suggestions of the applicant furnished vide letter dated 10.08.2019 have not been considered. The said suggestions are as follows:-
11"3. POINTS FOR ACTION:
A. Maintenance of inventory of waste tyres/End-of-Life Tyres and Occupiers:
According to the Applicant, there is no disaggregated data available on Occupier and the quantum of waste tyres/End-of- Life Tyres. Further, Occupiers definitions having a very broad definition which also overlaps with the of actual user', 'exporter', 'importer', "Operator of disposal facility', "Transporter' or 'Waste Collector' Actions/Suggestions:
16. For proper regulation of Waste Tyres not only a robust inventory of Occupiers may be prepared by a specialized agency or a Task Force, within or outside the CPCB but also, such a data needs to be disaggregated as per the above sub-
classifications as defined under the Rules and should be maintained and updated from time to time.
17. Such a database may be collated as an online database with assigned ID/ Account Numbers representing the nature/sub classification of the Occupier as per the Rules. The database may also represent the- color categorization of the industry in which the respective occupiers falls (viz. Red, Orange, Green and White) Para 3.7 of the CPCB Guidelines for Preparation of Inventories on Hazardous and Other Waste Generation and their Management, June 2019 also mandates that with regard to the tools for preparing the annual report, the annual returns received from the Occupiers is one of the three necessary documents.
18. The above-mentioned Task Force may ensure that procurement of Authorization, maintenance of records (Form
3), filing of annual returns (Form 4)& maintenance of passbook is being done by Occupiers.
B. Implementation of -Hazardous Waste Rules 2016with regard to inventory and records among other things has been weak - Role of SPCBs and other authorities:
Actions/Suggestions:
1. The SPCBs may prepare the data base of Occupiers of hazardous & other waste units (such as waste tyres units) showing its category amongst the hierarchy under Rule 4(1) i.e. whether they are reuse; recycling; recovery; utilization including co-processing; safe disposal.
2. In addition, the SPCBs may also maintain registers of Occupiers handling waste tyres including those Occupiers who do not require an authorization under Rule 6(1A).
3. It is submitted that a new CPCB Guidelines for Preparation of Inventories on Hazardous and Other Waste Generation and their Managerrient dated June 2019 has been put in place.
The Paragraph no. 3.7 of the said guidelines already provides 12 that CPCB is in process of developing a software on tracking of hazardous waste system. The Guidelines provides that once the same is implemented, it would auto generate the annual inventory of States/UTs based on the data provided in authorization provided by SPCB, Annual Returns filed by Occupiers & Manifest documents and date-wise records generated by Occupiers of waste tyres.
4. Further the Guidelines also suggests that till the time the CPCB comes up with the waste tracking software, all SPCBs/UT's may devise their own technology based annual inventory. In this regard, it is suggested that all SPCBs, as .a pilot project, should start with maintaining records of all waste tyres handled by different stakeholders within their States/UTs in an online database with the classification as suggested above.
5. The concerned authorities should also prepare baseline data for end-of life vehicles as per EL V Guidelines, to understand the magnitude of the issues regarding ELTs.
6. The dismantlers of End-of life vehicles and collectors of waste tyres at semi-formal sector and state agencies at formal sector such as Transport Department may be scrutinized as priority.
7. A separate section for waste tyres should be made in the annual consolidated report provided by CPCB to MoEF&CC.
8. SPCBs should ensure monitoring and maintenance of record of waste tyres transported by the Occupier under FORM 10 under Rule 19(1) of the Hazardous Waste Rules 2016 which should be updated in electronic database periodically.
9. A simple mechanism for monitoring transportation by Occupiers under un-organized sector may be formulated as the present manifest system does not apply to them.
10. An online complaint platform should be formed for reporting noncompliance of mandates under Hazardous Waste Rules 2016, in order to avail reporting of stakeholders using waste tyres found not complying with the said rules.
11. The formats for maintenance of inventories provided under the CPCB Guidelines for Preparation of Inventories on Hazardous and Other Waste Generation and their Management (mentioned above) does not thoroughly cover for managing data of hazardous and other wastes (in present case being 'waste tyres') circulated from the stage of generation at domestic levels till the stage of submission of the same to recyclers, utilizers or disposal facilities. The following is pointed out in this regard:
a. The data with regard to collection of other wastes after the end user discards it and which is to be collected by the waste collector is not provided for under the format. b. The definition of waste collector as provided under the Guidelines and the Hazardous Waste Rules 2016 is limited to those agents who are deployed by the actual users or operator of disposal facilities, however it does not recognizes the waste collectors which are not directly working under these facilities, for example: those working with MCDs, private waste collectors, waste collectors falling under disorganized sectors etc. Accordingly, the 13 format AS - comprising of details of waste collectors should include all such waste collectors.
c. Collection of hazardous and other wastes in store houses by private players or other-wise is not covered under the present formats provided under the said guidelines. d. The data for Small, medium and large enterprise, who generate/collect/handle waste tyres from the dismantling of the vehicles other-wise are not getting covered under the said guidelines and the formats given under it.
C. Implementation of Hazardous Waste Rules 2016 and allied laws:
Actions/Suggestions:
1. Concerned authorities shall ensure that the waste tyres are circulated and consumed as per hierarchy of steps laid down in Rule 4(1) of Hazardous Waste Rules 2016. In other words, each type of industry involved in using waste tyre/end of life tyre should be evaluated to identify whether the subject unit falls under reuse category, recycle category, recovery category or disposal category. Accordingly, tyre ·' should be firstly be send for reuse or for recycle which may include processes of retreading, production of Crum Rubber Modified Bitumen for construction of roads, Athletic tracks, manufacturing of cements, its application for noise reduction among others. It is only if the waste tyre is not in a condition to be reused or recycled or because the capacity of such units falling under these categories has met it optimum capacity should the tyres be sent to industries of latter categories under the next hierarchy which are recovery and disposal.
2. For channelizing of waste tyres the quality/ condition of waste tyres should be evaluated as per the standards for tyres prescribed by BIS.
3. The Occupiers should store waste tyres as per Hazardous Waste Rules 20 16 and EL V Guidelines.
4. Coordination with Ministry of Road Transport Highways and Ministry of Commerce and Industry for better implementation of the rules. There are various circulars etc. to promote use of CRMB, but implementation & Monitoring is very poor. IRC Guidelines already recommend use of CRMB in high traffic roads. These need to be immediately implemented. Some of such Circulars& IRC Guidelines are appended as link as follows:
Circulars:
- https://cesroads.com/wp-content/uploads/Circulars/Standards and Research/SR2012.01.30-USE-OF-MODIFIED-BITUMENT.pdf
- https://cesroads.com/wpcontent/uploads/Circulars/Standards and Research/SR2016.02.18-Use-of-rubberpolymer- modified4bitumen-on-NHsand-other-centrally-sponsored- schemes.pdf 14
- https://cesroads.com/wpcontent/uploads/Circulars/Standards and Research/SR-MT2016.03.28-Use-of-rubber-polymer- modified-bitumen-on-NHsand-other-centrally-sponsored- schemes.pdf
- https://cesroads.corn!wpcontt:fnt/uploads/Circulars/Standards and Research/SR20 16.09. 05-Use-of-polymer-rubber-modified- bitumen.pdf IRC Guidelines:
https:/ /archive.org/details/govlawircy20 1 Osp53 0/page/2
5. The transporters of waste tyres should also be required to maintain records of waste tyres and submit annual returns to the respective SPCBs.
6. Monitoring mechanism has to be developed to regularly ensure that Form 3 is being maintained by Occupiers.
7. The mandate of sending the annual returns should also be enforced on exporters of waste tyres.
8. It is suggested that the passbook of Occupier handling waste tyres may be checked the time of renewal of authorization and the copy of the same may be maintained in the electronic database of the SPCB. A uniform format for the passbook may be issued by CPCB.
9. The SPCB should tally the information provided under Form 3 and Form 4 at the time of renewal of authorization under Hazardous Waste Rules 2016. The SPCB should also tally Form 3 and 4 in cases of those Occupiers which do not require authorization under Rule 6 (1), such as storage houses, transporters, collectors (which do not require authorization since they are not required to obtain consents under the Air and Water Act- See Rule 6 (1A).
10. The SPCB should ensure that inspection report is provided with authorization/renewal. A set format for inspection report along with specific terms of reference may be formulated
11. The concerned authorities should ensure that only authorized recyclers, operator etc. are allowed to take part in auctions for waste tyres. Further the invitation to the auctions bidders should be strictly as per the order of occurrence (as per nature of industry) under Rule 4(1). For e.g. the units engaged in reuse or recycling should be prioritized over units engaged in recovery. The condition of tyres should also be made a criteria for circulating it to the industries (as per the order of occurrence) under Rule 4 (1).
12. The State Governments should identify the facilities already existing for processing, recycling or utilization or storage, treatment and disposal of waste tyres and also recognize the same in the integrated plan and also formulate plan for providing new facilities for management and usage of waste tyres as mandated under the Rule 5 of the Hazardous Waste Rules 2016.
13. .Concerned authorities should formulate a strategic framework for implementation of all provisions and mechanisms established under the Hazardous Waste Rules 15 20 16 for ensuring tP.at the waste tyres generated in India are appropriately channelized towards its optimum utilization and disposal.
14. Sample/trophy waste tyres used for display in front of the premises by different handlers should be regulated and if the provision of storage as provided under Rule 8 of Hazardous Waste Rules 20 16 is not being followed by such handlers, then such waste tyres should be confiscated.
15. .The definition of importer as provided under the Hazardous Waste Rules 20 16 should be amended in order to reduce the scope of the definition by limiting it to actual users. This would further complement the Rule 12 of Hazardous Waste Rules 2016 which recognizes that import of hazardous and other wastes shall only be ·allowed for recycling, recovery, reuse and utilization including co-processing.
16. It is a usual practice by SPCB's to grant authorization under Hazardous Waste Rules 2016 along with consolidated consents under the Air Act, 1974 and Water Act, 1981 in some states. However, these consolidated consents are granted for a period ranging from one year to Fifteen years. (Although the latest revised classification talks about granting consent between 5-15 years). However, the Hazardous Waste Rules 20 16 prescribe the validity of authorization for a period of 5 years. Therefore, the validity of authorization should conform to the iJ period prescribed under Rule 6 (2) of Hazardous Waste Rules 2016 and should be separately" granted.
D. Monitoring of information provided by the Occupiers Actions/Suggestions:
1. Electricity bills should be submitted by the:·actual users of waste tyres alongwith annual returns to monitor whether the tyres collected by them is being utilized within the unit for the purpose for which it was collected and is not being transferred illegally to any other processing unit/user.
2. Submission of electricity bills should be made a mandatory condition under the authorization granted as per Hazardous Waste Rules 2016.
3. The SPCB may monitor on a regular basis that the electricity bill corelates with the consumption of the quantum of waste tyres used. Such data of co-relation should be provided by SPCB to MoEF&CC while considering grant of any subsequent permission for use of waste tyres of the actual user. The said data of co-relation should also be taken into consideration for renewal application under Rule 6(1).
4. In case of Occupier needing authorization under Rule 6(1), a tally between Form 3, Form 4 & Electricity bills should be done by SPCB after the receival of annual return.
5. The actual " user should also be required to send quarterly reports of the consumption and fate of waste tyres and also maintain and send copies of the all electricity bills generated quarterly while submitting the 'record of consumption and fate of imported waste tyres' which is required to be maintained and sent to SPCB. The format of the quarterly report should be formulated and uniform.16
6. A carrying capacity of each type of unit dealing with waste tyres should be evaluated and represented in the authorization granted under Hazardous Waste Rules 2016 and the import of waste tyre to such units should be permitted in accordance with carrying capacity established.
7. The CPCB Guidelines for Preparation of Inventories on Hazardous and Other Waste Generation and their Management, 2019 too provides for estimation of hazardous waste generation of Occupiers under para 3.4 of the guidelines. The same should be carried out for all recycling/reusing/recovering industries and disposal facilities involved in recycling/utilization/disposal of waste tyres expeditiously. A priority for such estimation should be given to Pyrolysis Industry.
8. An estimate of electricity consumed, ·hazardous waste generated for each type of industry (who are actual users of waste tyres), treatment and disposal facilities (of waste tyres) should be evaluated on the basis on a particular amount of waste tyre used/processed.
9. A specific code should be recognized for waste tyres for maintaining online data base and the records of waste tyres handled, managed or used by all stakeholders should be directly connected to this common code. The Basel number for waste tyres (viz. B3140) recognized under the Hazardous Wastes Rules 2016 may be taken into consideration for establishing such 'specific code'.
E. Ban/regulation of Pyrolysis Plants:
Actions/Suggestions:
1. Illegal Pyrolysis Plants operating in the country should be -
identified and their operation should be stopped forthwith. It has been observed that several batch process Pyrolysis Plants are operating illegally. An illustrative list of such illegal plants which have been physically found to be operating illegally is appended as Annexure A
2. Non-compliant Pyrolysis Plants, which have authorization and which are not meeting with the conditions as mandated under Environmental Laws should be closed till they meet the prescribed standards/norms.
3. Establishment of new pyrolysis plants should not be allowed till the time State-of-the-art technology is introduced in this field of industry.
4. Pyrolysis Industry should be categorized as Red Category industry under the CPCB 'Guidelines for. Categorization of Industries' dated March 2016. Accordingly, all SPCB should also categorize pyrolysis industry under RED Category which presently stand under different categorization under different States due to lack of clarity in the revised Guidelines issued on March 7th 2016/February 29th 2016
5. The SOP for Pyrolysis Plants issued under OM dated 05.06.2015 & 28.11.2015 should be strictly implemented, which at present is being violated by pyrolysis units. More specifically:
17o It should be ensured that wood logs are not used for initial heating and clause 2.1.2. of the SOP dated 28.11.20 15 is strictly followed in this regard.
o It should be ensured that Pyrolysis Oil and black carbon are not sold in open market as per Clause 2.1.15 of SOP issued vide OM dated 28.11.2015 and should only be provided directly to actual users
6. As per the information available, the black carbon are being sold to brick kilns units which in itself is a hazardous mean of generating energy and should be stopped. Therefore, such actual users should be specifically identified based on the nature of the end use of these products and no one else should be allowed to use these products
7. The SOP for pyrolysis Plants should be updated and the standards should be improved.
o Provision for management, use and disposal of Byproducts/waste generated from Pyrolysis units should be provided for under the new SOP o A new trial run ·for updating the SoP for pyrolysis industry should be conducted as per the· procedure established under the guideline dated July 2017 issued by CPCB titled {(Standard Operating Procedure for Processing the Proposals for Utilization of Hazardous Waste under Rule 9 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016"
8. A monitoring mechanism should be formulated to assess and evaluate the supply of pyrolysis oil and black carbon produced in pyrolysis units.
9. There is no provision under SoP for direct supply of steel generated in pyrolysis unit to actual user. The same should also be directly transported to actual users. Mechanism for monitoring the transportation of steel generated from the unit after pyrolysis process should also be brought in place.
10. Technical guidelines for management/use of Pyro gas generated in pyrolysis process should also be formulated.
11. A specific standard of quality should be established for Pyrolysis Oil which should be achieved by all existing Pyrolysis Plants in a time bound manner.
12. The mushrooming of Pyrolysis Plants should be banned and a study on requirement of such plants may be undertaken and also a criteria of its site selection should be formulated.
13. It should be ensured that the tyres imported by shredding facilities are not transferred post shredding to Pyrolysis Plants.
14. Practices such as skimming of bitumen (which is used for road construction) and diversion of the same to pyrolysis unit should be stopped and mechanism for monitoring the same should be developed.
15. .Import of Waste tyres for usage in pyrolysis plants should not be allowed even from other states as has been restricted by Order dated 15.10.2014 issued by the Government of Punjab. See Annexure B.
16. Compliance with Manifest system for transportation of hazardous and other waste generated in Pyrolysis units 18 should be ensured and the same should form a part of efficient record keeping.
17. The "Guidelines for transportation of Hazardous Waste 2006"
of CPCB which specifically provides that "The operator of a facility (registered recyclers or re-processors of hazardous waste) while collecting the wastes from the waste collections points or Ports or ICDs, shall also follow the manifest system as per Rule 7 of the HW (M & H) Rules."
18. Batch-process based pyrolysis plants should be banned forthwith.
19. The Guidelines for regulating Pyrolysis Plants enacted by State Governments should be implemented in its true spirit. Such as the Guidelines dated 31.05.2016 issued by Maharashtra Pollution Control Board and Guidelines dated 15.10.2014 issued by State of Punjab.
20. .Pyrolysis Plants operating in other countries have been operating under high class standards, which is possible as the waste tyres generated in those countries are procured free of cost and are even subsidized in many cases. On the other hand in India tyres are not available free of cost and therefore a high quality Pyrolysis Plant is not viable, therefore only very cheap technology is used to make Pyrolysis Oil that causes severe Pollution. H7Fce Pyrolysis plants need to be prohibited in its current standards.
F. Extended Producer's responsibility on the manufacturers of tyres Extended Producer's responsibility on the manufacturers of tyres Actions/Suggestions:
1. The mandate for Extended Producer's responsibility should ·be implemented on the manufacturers of tyres for effective management of waste tyres. In this regard, due consideration should be given to the concept of 'Shared Responsibility 'provided in the EL V Guidelines. The procedure of EPR already established for plastic waste and E-waste under the Plastic Waste Management Rules, 2016 and E-Waste (Management) Rules, 2016 should be taken as reference for management of waste tyres.
2. The Guidelines dated 31.05.2016 issued by the Maharashtra Pollution Control Board could be referred as an example since it already provides for extended products responsibly for tyre manufacturers in the State of Maharashtra.
3. It should be ensured that the end user of waste tyre deposit such waste tyres to a collection center provided by the manufacturer/producer or associations or to an authorized waste collector for the said purpose. An incentive system may be devised for every such deposit. A premium in sale of such tyres may cover such incentive system.
4. The waste tyres should be collected in collection centers and by retailers and should be directly channelized towards authorized recyclers, operator of facility.19
5. The proposed 'Waste Tyres Management Rules 2017' should be enacted at the earliest to provide for the Extended Producer's Responsibility in case of tyre manufacturers.
G. Guidelines for alternative environment friendly uses of ELTs based on global best practice Actions/Suggestions:
1. Research study should be carried out with regards to the best alternative uses of waste tyres and the said study should also include identification of those industries which are hazardous in nature and accordingly a policy should be formulated for promotion and regulation of waste tyres towards different industries having different applications/usages.
2. All types of Industries involved in usage of waste tyres should be evaluated based on their polluting nature, the quality and utility of end product, the efficiency in usage of waste tyre and the alternatives · available for such product. Based on such evaluation, long term plan should be formulated for promoting those industries which are concluded to be more eco-friendly and more efficient and at the same time strictly regulating those industries which falls in lower scores. For Example:
Waste Tyres used as fuel in various industries such as Brick Kilns, production of sugarcane-jaggery and other unorganized industry should be completely banned. Whereas use of waste tyres for application such as construction of roads, athletic fields, manufacturing of cements, its application for · noise· reduction etc. should be promoted. Similarly, reusing to make products such as tyres, conveyor Belts etc. should be encouraged/promoted as that is a tilting example of Circular economy."
10. We have considered the study report. There can be no dispute with the observations and recommendations in the report except uncalled for long timeline for revised SOPs.
11. Accordingly, further remedial action be taken by the CPCB in coordination with the State PCBs/PCCs for compliance of environmental norms, consistent with the Water and Air Acts, HOWM Rules and safety aspects to prevent accidents and for protection of public health. There is need for further studies on the subject of siting criteria, threshold limit of a plant, carrying capacity, standards for effluents, emissions and hazardous or other waste and monitoring mechanism, preferably with larger samples size which may preferably be 10% of the total plants. The 20 monitoring needs to be more extensive and prompt with reference to the category of the Tyre pyrolysis units - Red, Orange, Green or White. In the light of such further study, appropriate SOP needs to be issued promply in view of potential for damage to the environment from the hazardous activities in question.
12. Accordingly CPCB may, apart from initiate prompt remedial action in the light of above recommendations, require the Committee to undertake further study on above aspects with liberty to co-opt any other expert/institution. The same may be completed within three months.
The report of the Committee with comprehensive recommendations be filed before the Tribunal within four months by e-mail at judicial-
[email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The same may also be placed on the website of the CPCB for comments of any stakeholders within two weeks thereafter for consideration of this Tribunal.
13. The concerned State PCBs/PCCs may inspect the compliance status of all such units in terms of availability of requisite consent and status of compliance of the environmental norms and take such remedial action as may be found necessary in accordance with law. They may give their action taken report to the CPCB by 28.2.22 for preparing a consolidated status report.
List for further consideration on 06.04.2022.
14. We may now take up pending IAs for consideration. I.A. No. 403/2019 for intervention by Association of Rubber and Tyre recycling industries is disposed of with the observation that Association is free to file any submissions and address any arguments at the time of hearing.
21I.A. No. 611/2019 has been filed by Pyrolysis Industries Welfare Association which is identical to I.A. no. 403/2019 and is disposed of in same terms. I.A. No. 615/2019 is for consideration of suggestions of the applicant which have already been dealt above. The said is accordingly disposed of. I.A. No. 8/2020 has been filed by Mohammed Shaheed Sheikh to the effect that he is operating a plant and no adverse action should not be taken by the State PCB. Such prayer cannot be granted but if the applicant is aggrieved by the action of the State PCB, statutory remedy of appeal is available. On the issue being considered by the Tribunal, the applicant is at liberty to make any submission during the hearing. The I.A. No. 8/2020 is accordingly disposed of. I.A. no.
383/2020 filed by the Applicant seeks impleadment of Ministry of Petroleum. We do not find any requirement for such impleadment at this stage. The I.A. is accordingly disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM October 25, 2021 Original Application No. 400/2019 A 22