National Green Tribunal
Dinesh Chahal vs Union Of India on 10 March, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No.01)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 1088/2018
(I.A. Nos. 98/2019, 100/2019, 101/2019, 119/2019 & 266/2019)
(With report dated 28.02.2022)
Dinesh Chahal & Ors. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 10.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant: Mr. Hitesh Malik, Advocate for Applicant in I.A 98/2019
Respondent: Mr. Rahul Khurana, Advocate for HSPCB
Mr. Kumar Rajesh Singh, Advocate for MoEF & CC
ORDER
[
1. Though initially question raised in the application related to validity of the order issued by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana, Chandigarh - Respondent No. 3 extending time limit for adoption of Zig-zag Technology for running of the brick kilns beyond NCR area upto 31.07.2019, without any scientific study on carrying capacity for such activity and without any safeguards, which no longer survives after expiry of the said date.
However, during proceedings, further issues emerged including permissibility of FCBTK technology kilns, using agro fuel and carrying 1 capacity of the air quality to sustain brick kiln activities in NCR and nearby areas.
2. The issue of carrying capacity of NCR Region to sustain Zig-zag Technology brick kilns has been dealt with separately in O.A. No. 1016/2019, Utkarsh Panwar vs. Central Pollution Control Board & Ors. by the order of this Tribunal dated 17.02.2021 in light of expert study on the subject of carrying capacity with following directions:-
"1to 19 ............xxx..............................xxx........................xxx
20. Thus, we conclude that going by the order dated 15.10.2020, in 'severe' air quality conditions, coal-fired brick kilns cannot be allowed to operate in NCR even if zig zag technology is used and improved procedures are followed, as suggested by the Committee, unless there is switch over to the PNG. All other issues have already been dealt with in the earlier order. In para 7 of order dated 05.03.2020 and para 8 of order dated 23.03.2020, we have already held that compliance by an individual brick kiln, otherwise contributing to pollution load beyond carrying capacity, does not confer a right to continue such activity, when such activity attracts GRAP in 'severe' air quality condition. As noted in par 11 of the order dated 15.10.2020, the CPCB has found that there is no assimilative capacity during the period air quality is 'severe' and only during months of March to June there is a limited capacity. Inter-se distance of atleast 500 meters is required to be maintained in location of brick kilns. When brick kilns start, they should not be allowed to start simultaneously but their firing should be staggered to avoid adverse impact on the environment. Other safeguards of fugitive dust emission management need to be adopted. In para 18 of order dated 15.10.2020, the issue of non-availability of plea of discrimination to GRAP, attracting some polluting categories and not attracting other polluting activities, has already been dealt with. Accordingly, we reiterate this mandate.
21. In view of the above discussion, unless there is change to cleaner fuel (PNG), brick kilns beyond the number mentioned in Table 15 above cannot be allowed, in the NCR. Since there is variance of figures given during March to June, only such number can be allowed which can be sustained throughout the period i.e. the minimum figure of a particular month out of the four months which comes to 444 in Haryana (in the month of May) and 200 in UP (in the month of June). Such shortlisting may be done applying a suitable siting criteria taking into account inter-se distance and distance from sensitive locations and compliance of consent conditions for which the CPCB, State PCB may work out an appropriate mechanism. Further, location of brick kilns be scattered on pro-rata basis, in different directions of concerned area, having regard to background and carrying capacity parameters. Needless to 2 say, those brick kilns which switch over to PNG will be entitled to operate even beyond months of March to June and even beyond limited number mentioned, subject to compliance with law."
3. With regard to permissibility of FCBTK Technology being allowed in non NCR Region by using agro residue and number of brick kilns which can be allowed in the light of assimilative capacity of the air in non NCR Region in Haryana a report was sought from the Member Secretary, CPCB vide order dated 06.02.2020.
4. The operative part of the order is reproduced below:-
"4. Accordingly, further report dated 22.01.2020 has been filed by the CPCB. The report does not mention the carrying capacity of the area in question i.e. non-NCR area in the State of Haryana. Though such capacity in respect of Suratgarh area, Distt. Sriganganagar has been assessed and found to be negative. The relevant portion of report is given below:
Estimation of total existing PM10 Load in Suratgarh Area, Rajasthan "
during study period:
Total area of Suratgarh in Km2: 2827.56 (Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan) Mixing Height of Air in Suaratgarh in Km: 1.066154 (Ref: Since site specific mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was considered. No air modeling was done in this study to calculate the mixing height) Total Volume of Air in Suratgarh in Km3: 2827.56 x 1.066154 = 3014.614 Average measured PMio Concentration of Ambient Air in Suratgarh Area (Ref:
Table 8: Ambient Air Quality Results; S.No, 5 & 6) dUring study period: 523 pg/m3 i.e. 523 Kg/Km3 Therefore, Total estimated load of particulate matter (PM to) in ambient air of Suratgarh Area: (3014.614 x 523)/1000= 1576.64 MT Estimation of Assimilative Capacity w.r.t. PMT in Suratgarh Area, Total area of Suratgarh in Km2: 2827.56 (Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan) Mixing Height of Air in Suaratgarh in Km: 1.066154 (Ref: Since site specific mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was considered. No air modeling was done in this study to calculate the mixing height) Total Volume of Air in Suratgarh in Km3: 2827.56 x 1.066154 = 3014.614 Particulate Matter (PMio) required to keep Ambient air quality at Satisfactory Level: 100 pg/M3 i.e 100 Kg/Km3 (Ref: Air Quality Index) Therefore, Assimilative Capacity w.r.t PMio in ambient air of Suratgarh Area: (3014.614 x 100)/1000= 301.46 MT 3 Estimation of Supportive Capacity w.r.t. PMio in Suratgarh Area, Rajasthan during study period:
Total estimated load of PMio in ambient air of Suratgarh Area during study period: 1576.64 MT Assimilative Capacity w.r.t PMio in ambient air of Suratgarh: 301.46 MT Supportive Capacity = Assimilative Capacity - Total Estimated Load Therefore, Supportive Capacity w.r.t. PMio in ambient air of Suratgarh Area: 301.46-1576.64 = 1275.18 MT "
5. The other issue dealt with is whether brick kilns can be allowed by using crop residue as a substitute for Zig-zag technology. The observations and conclusions drawn in the report are non- conclusive and cannot be relied upon in terms of small data base of sample size and number of days for which the sampling has been carried out. Besides, more brick kilns in each category should have been covered to avoid statistical errors in decision making. The performance of brick kilns is required to be evaluated against the background concentration and carrying capacity of the area. Comparision in the report has been made with incomparable situations, as was explained during the course of hearing. From the data made available by the joint Committee it is evident that particulate emissions for Zig-zag kilns using coal as a fuel is much lower than brick kilns operating on FCBTK technology using agro- residue as a fuels both with regard to initial firing and mid firing situations. Further, emission levels also vary quite significantly amongst different fuel types under agro-residue category. Further justification of impact of higher PM concentration during initial firing has no scientific logic. The joint Committee has erred in concluding that the impact of higher PM concentration during initial firing may not be significant when overall operation of any brick kiln for a particular season is considered.
6. It is acknowledged in the report of joint Committee that stack emissions are less in case of kilns operating on Zig-zag technology, compared to the kilns operating on FCBTK technology on the same fuels. The report further mentions that introduction of FCBTK technology using agro-residue may be done only after carrying capacity assessment of specific area, coverying estimation of total existing PM load, assimilative capacity with regard to PM and supportive capacity with regard to PM. Further, in view of large number of brick kilns operating in the area, besides carrying capacity issue with regard to ambient air, there are issues with regard to environmental degradation on account of operation of such large number brick kilns having potential for loss of productive top soil which takes thousand of years to form and is a prime factor which determines agricultural productivity.
7. For the above reasons, while the life of impugned order dated 07.12.2018 passed by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana has expired, question whether FCBTK technology can be allowed in non-NCR region of Haryana by using agri-residue will be determined in the light of further report as to the carrying capacity of the area in the light of 4 potential for impact on the air quality of the area and on NCT Delhi specially during the witner months and degradation of top soil.
8. Accordingly, let the carrying capacity study which has adequate samples in terms of number of brick kilns and days for which the emissions monitored be conducted covering the impact on ambient air and the loss of top soil. Such study may particularly assess the permissible number of brick kilns and technology to be used for the same in the non-NCR region. Let further report in the matter be furnished by the Member Secretary, CPCB by 31.03.2020 by e-mail at [email protected]."
5. In pursuance of above, the Member Secretary, CPCB has filed report dated 28.02.2022 as follows:-
"2. Study Findings In compliance to the above mentioned directions of the Hon'ble NGT, previous reports filed by CPCB and observations of Hon'ble NGT were reviewed to identify the gaps and to design monitoring matrix for generating required data to arrive at conclusion on the issues, as per the direction, dated 30.01.2020. Monitoring matrix was designed to capture emission data covering 5 to 10 Brick Kilns for combination of technologies (FCBTK and Zig-zag) as well as fuel types (coal and varieties of agro-residues). Further, it was planned to monitor each Brick Kiln for three days with three samples on each day. Accordingly, collection of total 585 samples from 65 Brick Kilns were planned, as detailed in Table 1.
Table 1: Monitoring matrix proposed for the study S. No. Type of Fuel Type Total number of Brick Kilns Number of Total Brick and number of days for Samples per Number Kiln which monitoring to be monitoring/Brick Kiln of conducted Samples No. of Brick No. of days Kilns 1 FCBTK* Agro-residues 10 3 3 90 (Mustard Straw) 2 FCBTK Agro-residues 10 3 3 90 (Cotton Stalk) 3 FCBTK Agro-residues 10 3 3 90 (Guar Beans) 4 FCBTK Coal 10 3 3 90 5 Zig-Zag Agro-residues 05 3 3 45 (Mustard Straw) 6 Zig-Zag Agro-residues 05 3 3 45 (Cotton Stalk) 7 Zig-Zag Agro-residues 05 3 3 45 (Guar Beans) 8 Zig-Zag Coal 10 3 3 90 Total 65 585 5 The overall actual matrix followed by covering brick kilns operating on various technologies and different types of fuels has been summarized in Table 2.
Table 2: Actual monitoring matrix followed for the study S. Type of Fuel Type Total number of Brick Kilns Number of Total No. Brick and number of days for Samples per Number Kiln which monitoring was monitoring/Brick of conducted Kiln Samples Brick Kilns Days 1 FCBTK* Agro-residues 40 3 (30 brick 3 300 (Mustard Straw, Kilns) Cotton Stalks 1 (10 brick and Guar Beans Kilns) and Mixtures of different agro-
residues)
2. Agro-residues FCBTK 10 3 3 90 (Cotton Stalk) 3 Agro-residues FCBTK 10 3 3 90 (Guar Beans) 4 FCBTK Coal 10 3 3 90 5 Zig-Zag+ Agro-residues 0 0 0 0 (Mustard Straw) 6 Zig-Zag+ Agro-residues 0 0 0 0 (Cotton Stalk) 7 Zig-Zag+ Agro-residues 0 0 0 0 (Guar Beans) 8 Zig-Zag Coal 21 3 (10 Brick 3 129 Kilns) 1 (9 Brick Kilns) 2 (2 Brick kilns) Total 71 519 * FCBTK: Fixed Chimney Bull Trench Kiln + Not Operational due to non-availability of Carrying Capacity in compliance of Hon'ble NGT Order in the matter of OA No. 1016/2019.
i. 15 Nos. Zig-zag type brick kilns based on agro-residues as fuel,
as proposed in the monitoring
matrix, could not be monitored as these were located in NCR districts of Bharatpur and Alwar in Rajasthan and were non- operational as per orders of Hon'ble NGT. However, it was possible to monitor and capture emissions from FCBTK type kilns using agro-residues vis-à-vis emissions from Zig-zag type brick kilns to understand if brick kilns using crop residue could substitute to Zig-zag type kilns, which is an important issue for consideration in the matter.
ii. The data generated from the monitoring conducted in 2019 in the same matter, covering initial firing and mid firing period, were also considered while analysing the findings.
iii. Total 71 Nos. of brick kilns operating on various technologies and different types of fuels, involving 519 number of samples, were monitored by CPCB officials for generating stack emission data.
6iv. The results of the source emission monitoring conducted during 2020 and 2021 (Particulate Matter [PM] as mg/Nm3 with correction) are presented in the Table 3.
v. The results of source emission monitoring conducted earlier in 2019 and 2020 (PM as mg/Nm3 with correction), covering initial and mid firing periods, are presented in the Table 4.
Table 3: Analysis results of stack monitoring conducted during 2020 and 2021 under stabilized conditions FCBTK Coal Ist Round of 2nd Round of 3rd Round of Monitoring Monitoring Monitoring (12/6/21 (24/11/20 to (7/6/21 to to 17/6/21) 11/06/2021) 15/6/21) S.No. Name and Address of the Brick Kiln PM, mg/Nm3 PM, mg/Nm3 PM, mg/Nm3 1 M/s Bisambhar Dayal Garg Brick Works, 170 361 409 Aligarh Village Kudiyaganj, District Aligarh, Aligarh 2 M/s New Baba Eint Udyog, Village Pilkhana, 187 414 244 Sikandarpur, Tehsil Koil District Aligarh, Aligarh 3 M/s Vishal Ent Bhatta , Village Kasary, 53 450 540 District Aligarh, Aligarh 4 M/s OSN Brick Works, Village Nagla Ausuf 202 477 262 Ali, PO Pilkhana, Kauriyaganj, Tehsil Koil, District Aligarh, Aligarh 5 M/s Shivshakti Eint Udyog, Village 149 312 259 Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh 6 M/s Mahashakti Eint Udyog, Village 46 297 397 Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh 7 M/s Mahajan Brick Works, Village 129 703 576 Pilakhana Chauraha, District Aligarh, Aligarh 8 M/s Radha Rani Eint Udyog, Village 80 235 519 Kaseri, District Aligarh, Aligarh M/s Jai Gange Eint Udyog, Kasimpur, 9 744 499 542 Aligarh M/s Jai Bhole Eint Udyog, Kasimpur, 10 81 432 538 Aligarh Zig Zag Coal Ist Round of 2nd Round of 3rd Round of Monitoring Monitoring Monitoring (8/6/21 to (23/12/20 to (27/12/20 to 18/6/21) S.No. Name of the Unit PM, mg/Nm3 PM, mg/Nm3 PM, mg/Nm3 1 M/s Jai Durge Bricks, Village Mouli, 662 140 246 2 Panchkula M/s B.M brick kiln,Village Mouli,Panchkula 242 76 351 3 M/s Mahalaxmi bricks moulding and 298 144 56 fabricating Ind.Pvt Ltd * 7 4 M/s Bharat bricks company,village 205 263 408 mouli,Panchkula * 5 M/s Sagar Bricks,Village Golpura,Panchkula * 495 66 97 6 M/s Mahalaxmi Intt. Udhyog,Village 86 156 32 mouli,Panchkula* 7 M/s Moti Ram Girdhari Lal Manakpur 95 17 58 Road,Ambala city,Haryana * 8 M/s Brick Links Village Sakraon, Ambala 78 72 117 city, Haryana * 9 M/s Asian bricks company, Village Kanjnoo, 17 15 20 Near Radaur Yamuna nagar * 10 M/s Goel bricks industries, Village 21 16 38 Kanjnoo, Near Radaur Yamuna nagar * * PM values in mg/m3 FCBTK Agro Ist Round of 2nd Round of 3rd Round of Monitoring Monitoring Monitoring (8/6/21 (24/2/2021 to (4/6/21 to to 21/6/21) 8/6/21) 17/6/21) S.No. Name of the Unit PM, PM, mg/Nm3 PM, mg/Nm3 mg/Nm3 1 M/s Balaji Eint Udyog, Village Makrol, 149 767 223 Iglas, Beswan, Aligarh 2 M/s Madhav Brick Industries, Village 480 158 110 Nayabas, Beswa, Iglas, Aligarh 3 M/s Radha Ent Udyog, Village Nayabas, 234 99 122 Beswa, Iglas, Aligarh 4 M/ Shree Radha Rani Eint Udyog, 219 90 49 Village Korah, Raghupura, Atrouli Aligarh 5 M/s Jaharveer Baba Eint Udyog, 179 82 102 Village Bhavigarh, Atrouli, Aligarh 6 M/s Ayodhya Ent Udyog, Village 60 178 89 Surajpur, Atrouli, Aligarh 7 M/s Ankit Eint Udyog, Satlauni Khurd, 252 77 87 Iglas, Aligarh 8 Shri Krishna Eint Udyog, Gangagarhi 156 299 180 Mursan Road, Iglas, Aligarh 9 M/s R.S. Eint Udyog, Nangla, Juhur, 162 136 233 Iglas, Aligarh 10 M/s Komal Eint Udyog, Atrauli, Aligarh 125 159 302 11 M/s Chaudhary Eint Udyog, Village 287 374 525 Nayabas, Beswa, Iglas, Aligarh 12 M/s Krishna Kanhaiya Eint Udyaog, 543 433 381 Tarsara, Kondali, Iglas, Aligarh 13 M/s Balaji Eint Udyog, Dhana Gadhi, 405 369 400 Gonda, Iglas, Aligarh 14 M/s Rakhi Eint Udyog, Satlauni Khurd, 315 278 423 Kondli, Iglas, Aligarh 15 M/s Prem Eint Udyog, Gorai Road, 520 355 402 Amarour Dhana, Aligarh 16 M/s Akash Eint Udyog, Jahroli, Beswan, 434 480 438 Aligarh 17 M/s Gagandeep Eint Udyog, Digsari 495 365 376 Gonda, Aligarh M/s Bhavya Brick Works, Kandli, Iglas, 18 331 249 390 Aligarh 19 M/s Shivay Eint Udyog, Kans Ka Gonda, 546 363 566 Iglas, Aligarh 20 M/s Maa Bhagvati Eint Udyog, Nagla 460 344 337 Jujhar, Iglas, Aligarh 21 M/s Om Sai Eint Udyaog, Mehtapur, 61 59 427 road, Mohkampur, Beswan, Aligarh 8 22 M/s Shivam Bhole Eint Udyog, 209 188 989 Hathras road, Iglas, Aligarh 23 M/s Shri Ram Eint Udyog, Mehtapur, 303 101 589 Beswan, Aligarh 24 M/s Rewati Balram Eint Udyog, 195 120 315 Tamotiya, Iglas, Aligarh 25 M/s Radha Eint Udyog, Chachau Garai, 173 95 73 Iglas, Aligarh 26 M/s GD Eint Udyog, Rayatpur, Imliya 129 134 183 Mursan road, Iglas, Aligarh 27 M/s Radhey Eint Udyog, Rayatpur, 67 77 113 Imliya Mursan road, Iglas, Aligarh 28 M/s Shr Sai Ram Brick Works, Bas Vali, 157 80 157 Garoi, Iglas, Aligarh 29 M/s Jai Bharang Eint Udyog, Hathras 66 75 521 road, Iglas, Aligarh 30 M/s Shri Vimla Mahesh Eint Udyog, 408 67 676 Ahmadpur, Aligarh * Average of three samples.
Table 4: Analysis results* of stack monitoring conducted in 2019- 20 during initial firing and mid firing periods, under stabilized conditions FCBTK Agro S.No. Name of the Unit PM, mg/Nm3 1 M/s Baghla Int Udyog, Village Bhagwansar Chak 1, Tehsil Ganganagar. 703 Rajasthan 2 M/s Bhagwansar Int Udyog, Village Bhagwansar Chak 1, Tehsil 642 Suratgarh, Distt. Ganganagar, Rajasthan 3 M/s Punia Int Udyog, 28 LNP II, Tehsil Ganganagar, Rajasthan 387 4 M/s Paras Brick Company, Village Khooni Chak, Distt. Hanumangarh, 235 Rajasthan 5 M/s Khichad Brick Company, 7 KRW, Dhani Khichadwali, Sardual 604 Share, Ganganagar, Rajasthan 6 M/s Aggarwal Brick Company, 7 KRW, Dhani Khichadwali, Sardual 345 Share, Ganganagar, Rajasthan 7 M/s Avtar Brick Industries Ltd, 10 GB, Tehsil Vijay Nagar, Dist 206 Ganganagar, Rajasthan 8 M/s Raj Bhatta 7 GB (A), JaitsarTehsil Vijay Nagar, Dist Ganganagar, 397 Rajasthan 9 M/s Saccha Soda Ind Udyog Vill 3G, Badli, Dist Ganganagar, 259 Rajasthan 10 M/s Rakesh Ind Udyog , 2J Bada, Khatiabana Dist Ganganagar, 199 Rajasthan Zig Zag Coal S.No. Name of the Unit PM, mg/Nm3 1 M/s Mor Bricks company, Kanoh road vill Nehla, Dist Fatehabad 179 2 M/s Nain Bricks company, Kanoh Road village Nehla, Dist Fatehabad 199 3 M/s Shiv Bhole Bricks company, Kanoh Road vill: Nehla, Dist Fatehabad 282 4 M/s Aggarwal Genuine Makers Brick Company, BKI Bado Patti-I 240 5 M/s Vishwakarma Bricks ,Vill-Mangali Jhara, Dist Hisar 107 6 M/s Haryana Bricks Company, Vill - Kanoh, Dist Hisar 212 7 M/s Vikas BKO Shyamsukh, Dist Hisar 541 8 M/s Shree Ganesh Bricks Co. Paploha, Panchkula, Haryana ( 2 rounds of monitoring) 139/278 9 9 M/s Jay Maa Mansa Devi, Paploha, Panchkula, Haryana ( 2 rounds of 126/68 Monitoring) 10 M/s Jay MaaVaishno Devi Bricks Co., Paploha, Panchkula, Haryana 308 11 M/s Sada Shiv Bricks Co., Village Charnia, Panchkula, Haryana 498 * Average of three samples vi. Before making any conclusion with regard to stack emissions from various types of kilns using different types of fuel, it was important to ensure that the emission data collected in the study is truly representative, therefore, an assessment was also made w.r.t Specific Energy Consumption (SEC) of individual brick kilns monitored in this study, and also to see the variation in fuel feeding during monitoring either knowingly or unknowingly. Therefore, comparison was made only w.r.t. SEC i.e. energy consumed (MJ per Kg of fired brick), amongst the kilns from a particular area using similar type of clay. The reported gross calorific values (GCV) of various fuels used by brick kilns covered in the study, weight of the fuel used for a specified period, production rate and average weight of bricks, were used for estimating the SEC.
The analysis of SEC data indicated that in some of the brick kilns the estimated SEC values were too low to manufacture bricks, which shows that the quality of fuels used during monitoring was not adequate and may not give representative stack emission values. Therefore, the emission data generated from the brick kilns with SEC values within the minimum required range of 1.11.5 MJ/kg of fired brick for FCBTK and 0.95-1.30 MJ/kg for Zig-zag kilns (Ref: BEE's Report on "Market Transformation towards Energy Efficiency in Brick Sector", December, 2019), was considered for arriving at conclusion. The data collected w.r.t. emission monitoring in the brick kilns, where the SEC values were less than the lower limit (+ 10%) as well as the data having missing values for some monitored parameters were not considered for assessing the performance of different types of the brick kilns.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on Zig-zag method using various types of pulverized coal from various sources varied between 107mg/Nm3 to 240mg/Nm3.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of agro-residues varied between 61mg/Nm3 to 703mg/Nm3.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of coal varied between 297mg/Nm3 to 520mg/Nm3.
The performance of different types of brick kilns using various types of fuels, as assessed from the data generated in the present study is summarized in the Table 5.
10Table 5: Performance of different types of brick kilns using various types of fuels S. No. Type of Brick Kiln Type of Fuel Used *Average PM, mg/Nm3 1 Fixed Chimney Bull Trench (FCBTK) Agro-residues 61-703 2 Fixed Chimney Bull Trench (FCBTK) Pulverized Coal 297-520 3 Zig-Zag Pulverized Coal 107-240 * Standards notified by MoEF&CC vide G.S.R. 143(E), dated 22.02.2022: 250 mg/Nm3 (corrected to 4% CO2) It is evident from the available data that emissions from Zig-zag type brick kilns are significantly lower in comparison to both FCBTK operating on coal as well as agro-residues as fuel.
vii. In order to find out the status of operation of brick kilns in Non-
NCR districts in the State of Haryana, the data were obtained from the State Pollution Control Board and are provided in Table 6.
Table 6: Status of Operation of Brick Kilns in Non-NCR Regions of Haryana S. No. District Total No. of Brick Kilns Zig-zag Type Brick Kilns 1 Ambala 107 106 2 Fatehabad 74 61 3 Hisar 292 192 4 Kaithal 119 90 5 Kurukshetra 59 59 6 Panchkula 62 51 7 Sirsa 204 102 8 Yamunanagar 90 82 Total 1007 743 Note: Only the brick kilns which have been converted to Zig-zag technology, are allowed to operate in the State of Haryana, irrespective of the fuel used.
As per data made available by SPCB (Annexure-2), there are total 1007 brick kilns in Non-NCR districts of Haryana, out of which 743 brick kilns have been converted to Zig-zag technology. As on date, only zig-zag type brick kilns are allowed to operate in the state of Haryana, irrespective of the type of fuel used.
viii. To make an assessment of the carrying capacity of ambient air environment w.r.t. PM2.5 and PM10 concentration, the data from Continuous Ambient Air Quality Monitoring Station (CAAQMS) for the period January 2019 - August 2021, in 8 Non-NCR districts of Haryana were examined (Table 7). It was observed that PM10 concentration was exceeding National Ambient Air Quality Standards (NAAQS) in seven Non-NCR districts of Haryana during the critical period i.e. November to January. The data for PM10 were not available for Panchkula. The data indicated limitations in the carrying capacity in the ambient air environment with regard to any new additional 11 source of emission, including conventional brick kilns using agro-residues.
Table 7: CAAQMS Data of Non-NCR Districts of Haryana Name of Ambala Kurukshetra District S. Year 2019 2020 2021* 2019 2020 2021 No. Parameter PM2.5 PM10 PM2.5 PM10 PM2.5 PM10 PM2.5 PM10 PM2.5 PM10 PM2.5 PM10 /Months 5.
0 5 0 5 0 5 0 5 0 5 01 January - - 70 134 74 150 94 165 79 123 97 154 2 February 44 116 68 138 61 116 64 112 72 126 89 161 3 March 33 110 35 79 50 111 42 105 40 77 62 144 4 April 45 150 29 61 45 97 46 153 36 81 55 145 5 May 63 160 43 - 52 103 50 159 56 126 53 131 6 June 58 158 40 - 41 103 42 153 46 98 44 123 7 July 40 91 31 55 42 88 32 84 28 57 36 88 8 August 33 67 24 43 48 92 24 60 20 42 39 90 9 September 38 78 48 132 28 64 34 74 40 94 28 51 10 October 99 190 104 259 51 141 109 212 133 230 79 161 11 November 104 194 113 302 125 218 136 226 138 226 143 261 12 December 95 179 88 178 122 183 120 176 121 192 111 200 Name of District Fatehabad Panchkula Year 2019 2020 2021* 2019 2020 2021 S. No. Parameter PM2.5 PM10 PM2.5 PM10 PM2.5 PM10 PM2.5 PM2.5 PM2.5 /Months 1 January 117 187 46 101 93 146 58 50 72 2 February 62 140 50 114 58 145 37 38 54 3 March 54 135 40 67 56 175 37 19 51 4 April 61 226 39 95 49 178 41 20 38 5 May 64 265 55 153 53 193 42 26 38 6 June 55 263 - - 56 184 46 31 39 7 July - 176 30 94 33 96 35 32 38 8 August 14 58 22 39 31 100 28 22 33 9 September 14 75 43 83 16 38 39 48 30 10 October 30 169 131 214 51 127 59 56 52 11 November 54 261 245 303 140 289 52 81 62 12 December - 155 119 206 93 166 62 95 73 Name of Hisar Sirsa District S. Year 2019 2020 2021* 2019 2020 2021 No. Parameter PM2. PM1 PM2.
PM1 PM2.
PM1 PM2.
PM1 PM2.
PM1
PM2. PM1
/Months 55.
00 55 00 55 00 55 00 55 00 55 00
1 January 135 210 86 119 124 164 108 184 40 94 59 111
2 February 77 143 84 134 115 164 79 125 44 111 63 118
3 March 55 111 47 88 90 168 53 105 26 64 54 111
4 April 74 180 42 109 71 176 64 151 34 95 45 106
5 May 99 194 58 156 66 155 75 189 49 148 58 140
6 June 76 194 53 146 65 179 72 197 47 132 60 147
7 July 63 142 38 84 43 98 81 210 23 75 38 92
8 August 34 70 27 56 44 106 49 81 14 40 38 107
12
9 September 51 95 51 110 36 64 68 116 30 64 17 39
10 October 116 196 126 232 74 137 133 235 78 202 47 132
11 November 188 246 207 300 218 315 133 250 118 260 122 270
December (29
12 129 175 150 215 162 220 64 148 68 136 80 176
days)
Name of
Kaithal Yamunanagar
District
S.
Year 2019 2020 2021* 2019 2020 2021
No.
Parameter PM2.5
PM1
PM2.
PM1
PM2.
PM1
PM2.
PM1
PM2.
PM1
PM2. PM1
/Months 5. 00 55 00 55 00 55 00 55 00 55 00
1 January - - 53 110 75 135 109 191 97 152 116 185
2 February - - 50 122 54 132 67 134 82 148 91 176
3 March 55 99 29 76 33 143 58 133 48 96 82 168
4 April 64 157 30 80 33 145 79 191 37 87 78 172
5 May 69 166 43 133 37 135 87 177 51 120 60 131
6 June 57 158 40 117 45 144 77 180 47 109 46 129
7 July 48 107 27 70 35 96 59 112 38 79 37 110
8 August 31 61 19 47 34 101 45 88 34 74 48 106
9 September 27 76 33 82 23 55 50 100 61 126 46 134
10 October 62 229 101 222 62 152 126 226 128 262 92 186
11 November 89 233 143 258 156 283 118 221 146 229 130 251
12 December 76 169 83 179 110 212 116 185 146 217 122 250
As the NAAQS specify ambient air quality in terms of annual and 24- hourly average concentration values of particulate matter (PM10 and PM2.5), the monthly average data of PM10 may not be used for assessing the exceedance. In view of this, the compliance with reference to 24 hourly standards were also examined and it was found that the concentration of PM10 exceeds the standards during most of the days in the period November to January. The data w.r.t. the number of days exceeding the standards in a month, for the last three years, is summarized in Table 8.
Table 8: Compliance w.r.t. 24 Hourly National Ambient Air Quality Standards (PM10) Month Number of days in a month when the air quality data was beyond prescribed limits Ambala Hisar Fatehabad Kaithal Kurukshetra Sirsa Yamunagar Year 2019 2020 2021 2019 2020 2021 2019 2020 2021 2019 2020 2021 2019 2020 2021 2019 2020 2021 2019 2020 2021 1 January 18 22 24 21 18 27 21 13 27 NA 17 24 21 18 28 22 11 18 24 23 27 2 February 14 27 19 23 25 25 25 21 23 11 20 20 15 24 25 20 23 19 18 27 24 3 March 19 7 13 18 10 30 24 3 23 12 8 25 16 10 26 15 1 19 25 11 27 4 April 27 0 9 27 13 27 28 10 23 25 8 25 27 8 23 23 9 14 28 7 27 5 May 30 NA 12 27 26 25 31 28 27 25 23 23 31 23 21 25 20 21 31 21 23 6 June 28 NA 14 25 19 21 28 9 17 24 18 17 26 12 14 28 18 19 29 19 19 7 July 13 30 10 12 8 11 19 8 10 10 3 9 8 3 9 24 8 10 18 5 11 8 August 1 30 11 4 0 16 0 0 15 3 0 14 2 0 13 7 0 15 9 0 15 9 September 6 19 0 9 13 4 5 7 0 5 7 0 4 13 0 17 4 0 13 21 22 10 October 31 31 22 25 31 21 25 31 21 23 31 22 27 31 21 29 31 22 29 31 27 11 November 27 29 30 26 27 30 26 28 30 22 26 30 26 27 30 23 26 30 28 26 30 12 December 29 30 28 26 27 29 24 28 27 25 26 28 28 29 29 24 19 29 28 29 29 ix. The source/stack emissions are not the only source of emissions from the brick kilns, but fugitive emissions are also 13 generated during pre and post firing activities in the brick kilns irrespective of the firing technology used, which may affect the ambient environment within the vicinity of brick kilns. In view of this, various directions have been issued by CPCB from time to time and SPCBs have also incorporated the measures to prevent fugitive dust emissions as conditions of the 'Consent to Operate' granted to brick kilns. However, it has been observed that adequate measures were not taken by brick kilns to control of fugitive dust emissions (Annexure-3).
x. In order to assess the impact of brick kilns operations on the quality of top soil, a study was conducted with regard to impact on top soil, wherein, the top soil and excavated/desurfaced soil samples were collected from various locations in Seven Non-NCR Disctricts of Haryana, namely Ambala, Fatehabad, Hisar, Kaithal, Kurukhshetra, Panchkula and Yamunagar. Soil samples (from upper 15 cm layer) were collected from the land where top soil had been removed/desurfaced for brick manufacturing. Samples of top soil (from upper 15 cm layer) were also collected from the same land/site, where soil was not removed for brick manufacturing, as control samples, for comparison. The results of the analysis of soil samples along with location details, are summarized in Annexure-4 (i-iii). The evaluation of soil analysis data indicates that while in some of the samples/sites, soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, some samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. This suggests that further studies are required to establish the impact of brick earth excavation on the fertility of top soil.
xi. The literature review and earlier findings w.r.t. top soil of the State of Haryana were also considered. Grewal and Kuhad (2002) have described the extent of desurfacing in Haryana and its impact on soil productivity and its management (Ref.:
Grewal, M.S and M.S. Kuhad, M.S. (2002): Soil Desurfacing:
Impact on productivity and its management, Department of Soil Science, Haryana Agriculture University, Hisar, 12th ISCO Conference, Beijing 2002). The findings of this study indicated negative impact of desurfacing of top soil by brick kilns in Haryana (Annexure-5). Priyanka Singh et.al. (2014), in another study, have described the top soil desurfaced by the brick kiln located in Rohtak and Jhajjar districts (Ref. Annexure-6; Priyanka Singh et.al. (2014): Map and identify desurfaced soil in Rohtak and Jhajjar districts in last five years using RS. International Journal of Emerging Science and Engineering (IJESE), 2(4): 2014). Therefore, it may be inferred that area specific measures are required, for preservation of the top soil particularly in the areas, where soil is sourced from agricultural land.
Further, brick kilns monitored in Haryana were not found to be preserving the top soil. No condition of preserving the top soil is 14 prescribed in mining permit/license issued to brick kilns in the State of Haryana for excavation of brick earth (Annexure-7).
xii. For assessing the carrying capacity of the non-NCR Districts of Haryana and determining the number of brick kilns which could be permitted within the available supportive capacity, data of monthly average CAAQMS PM10 concentration in the ambient air during the months of January 2021 - June, 2021 and October 2021 - December, 2021 were considered, for NCR districts of Haryana (Table 7). The CAAQMS data of the District Panchkula was available for PM2.5 concentrations, which was used to extrapolate PM10 concentration for this district based on PM10/PM2.5 ratio of the nearest district i.e. Ambala, in the absence of other data/information.
The details w.r.t total Number of Zig-zag type brick kilns operational in the Non-NCR districts of Haryana were considered, based on information made available by the State Pollution Control Board. Data on geographical area of the Non- NCR districts of the State of Haryana available from the District Census Handbook, Census of India, 2011, and average atmospheric mixing heights for the months of Jan - June, 2021 and October - December 2021 obtained from Indian Meteorological Department (IMD) were used for estimating volume of air available for dispersion of pollutants. (Table 9).
Table 9: Number of Brick kilns, Area and Ambient Air Mixing Height in Non-NCR Districts of Haryana S. No Name of Total *No of Area Ambient Air Mixing Height, Km (2021) District No. of Zig (Sq.
Brick Zag Km.)
Kilns type Jan Feb Mar Apr May Jun Oct Nov Dec
Brick
Kilns
1 Ambala 107 106 1574 0.257 0.286 0.488 0.820 0.738 0.701 0.330 0.263 0.234
2 Fatehabad 74 61 2538 0.265 0.299 0.462 0.730 0.859 0.833 0.438 0.327 0.294
3 Hisar 292 192 3983 0.269 0.297 0.453 0.696 0.831 0.859 0.450 0.323 0.292
4 Kaithal 119 90 2317 0.248 0.258 0.423 0.752 0.764 0.742 0.323 0.262 0.237
5 Kurukshetra 59 59 1530 0.257 0.290 0.491 0.856 0.745 0.700 0.328 0.263 0.239
6 Panchkula 62 51 898 0.241 0.320 0.608 0.935 0.752 0.689 0.343 0.295 0.227
7 Sirsa 204 102 4277 0.271 0.381 0.567 0.779 0.909 0.795 0.460 0.340 0.299
8 Yamunanag 90 82 1768 0.233 0.300 0.483 0.771 0.646 0.580 0.292 0.231 0.200
ar
Total 1007 743
* Only Zig-zag type brick kilns are permitted to operate in the State of Haryana Emission load from Brick Kilns was calculated considering the data w.r.t average stack diameter and velocity, temperature & pressure of flue gas and standard of 250 mg/Nm3 at 4% CO2.
The value of emission load derived with stack emission of 250 mg/Nm3, is as follows:
Emission load from brick kilns having capacity of 30000 bricks/day, considering stack PM emission of 250 mg/Nm3 at 4% CO2: 1000 Kg/day 15 The large particles may get separated and settled due to Zig-zag flow of the flue gas in the brick kilns, therefore, it was assumed that the particle size of particulate emissions from the brick kiln stacks were broadly upto 10 μm. The following components were derived in order to assess the carrying capacity of Non-NCR Districts of Haryana w.r.t. PM10:
(i) Estimation of Existing Pollution Load w.r.t PM10
(ii) Estimation of Assimilative Carrying Capacity w.r.t PM10
(iii) Estimation of Supportive Carrying Capacity w.r.t PM10 Estimation of total existing PM10 load:
Total area of the district in Km2: a; Average Atmospheric Mixing Height during a particular month in Km: b Total volume of air in the district during a particular month in Km3: a x b = c Average ambient PM10 Concentration in the district for a particular month in Kg/Km3: d Therefore, Total estimated load of particulate matter (PM10) in ambient air of a district during a particular month (x): c x d= x Kg Estimation of Assimilative Carrying Capacity w.r.t. PM10:
Total volume of air in a district during a particular month in Km3: c Particulate Matter (PM10) required to keep ambient air quality within prescribed NAAQS: 100 μg/m3 i.e. 100 Kg/Km3 Therefore, Assimilative Capacity w.r.t PM10 in ambient air of a district during a particular month (y): c x 100= y Kg Estimation of Supportive Capacity w.r.t. PM10: Supportive Carrying Capacity (z) = Assimilative Carrying Capacity (y) - Total Estimated Load (x) The district-wise PM10 load, Assimilative Carrying Capacity and Supportive Carrying Capacity, as determined by using the above methodology are summarized in Table 10 (i-iii) for Non-NCR Districts of Haryana.
Table 10: Total Existing PM10 Load, Assimilative Carrying Capacity and Supportive Carrying Capacity in Non-NCR Districts of Haryana
(i): Total PM10 Load S. No. Name of Total PM10 Load, Kg (x) District Jan Feb Mar Apr May Jun Oct Nov Dec 1 Ambala 60683 52293 85260 125196 119646 113648 73238 90244 67402 2 Fatehabad 98195 110035 205197 329788 420767 389004 141179 239849 123865 3 Hisar 175714 194004 303122 487902 513030 612430 245552 405250 255868 4 Kaithal 77573 78908 140153 252646 238975 247567 113755 171796 200122 5 Kurukshetra 60554 71436 108177 189904 149320 131733 80796 105024 73134 6 Panchkula 31164 31035 55690 63812 51322 48260 32033 32849 29762 7 Sirsa 128656 192285 269182 353169 544291 499832 259699 392629 225073 8 Yamunanagar 76210 93350 143463 234458 149619 132282 96024 102510 88400
(ii): Assimilative Carrying Capacity S. No. Name of Assimilative Carrying Capacity, Kg (y) District Jan Feb Mar Apr May Jun Oct Nov Dec 1 Ambala 40456 45080 76811 129068 116161 110337 51942 41396 36832 16 2 Fatehabad 67257 75886 117256 185274 218014 211415 111164 82993 74617 Hisar 116304 3 107143 118295 180430 277217 330987 342140 179235 128651 4 Kaithal 57462 59779 98009 174238 177019 171921 74839 60705 94397 5 Kurukshetra 39321 44370 75123 130968 113985 107100 50184 40239 36567 6 Panchkula 21642 28736 54598 83963 67530 61872 30801 26491 20385 7 Sirsa 115907 162954 242506 333178 388779 340022 196742 145418 127882 8 Yamunanagar 41194 53040 85394 136313 114213 102544 51626 40841 35360
(iii): Supportive Carrying Capacity S. Name of Supportive Capacity, Kg (y-x) No District .
Jan Feb Mar Apr May Jun Oct Nov Dec
1 Ambala -20228 -7213 -8449 3872 -3485 -3310 -21296 -48848 -30570
2 Fatehabad -30938 -34149 -87942 -144514 -202753 -177589 -30014 -156856 -49247
Hisar -139564
3 -68571 -75709 -122692 -210685 -182043 -270290 -66317 -276599
4 Kaithal -20112 -19129 -42144 -78407 -61957 -75645 -38916 -111091 -105725
5 Kurukshetra -21233 -27066 -33054 -58936 -35335 -24633 -30612 -64785 -36567
6 Panchkula -9522 -2299 -1092 20151 16207 13612 -1232 -6358 -9377
7 Sirsa -12750 -29332 -26676 -19991 -155512 -159810 -62957 -247211 -97191
8 Yamunanagar -35015 -40310 -58068 -98145 -35406 -29738 -44398 -61670 -53040
In the districts, where the supportive carrying capacity is available (Positive Supportive Carrying Capacity) in a particular month, number of Zig-Zag brick kilns that can be operated, is determined as follows:
Total number of brick kilns which can be operated in a district during a particular month: Supportive Carrying Capacity of the district for a particular month/Emission load from one brick kiln.
However, as all the zig-zag type brick kilns were in operation during Jan-June, 2021 and Oct-Dec, 2021, the number of brick kilns which can be operated within the available supportive carrying capacity was determined as follows:
No. of brick kilns which can be operated = Total number of Zig-Zag brick kilns operational in that particular month - (Negative Supportive Carrying Capacity or Load in excess of Assimilative Capacity/ Emission Load from one brick Kiln) The load in excess of the assimilative capacity and month-wise number of brick kilns which can be operated within the assimilative capacity/available supportive carrying capacity during Jan-June and October-December are presented in Table 11 (i) and Table 11 (ii) respectively, for Non-NCR districts of Haryana.
Table 11 (i): PM10 in excess of Assimilative Carrying Capacity Name of PM10 Load in excess of the Assimilative Capacity, Kg District S. Jan Feb Mar Apr May Jun Oct Nov Dec No. 1 Ambala 20228 7213 8449 -3872 3485 3310 21296 48848 30570 17 2 Fatehabad 30938 34149 87942 144514 202753 177589 30014 156856 49247 3 Hisar 68571 75709 122692 210685 182043 270290 66317 276599 139564 4 Kaithal 20112 19129 42144 78407 61957 75645 38916 111091 105725 5 Kurukshetra 21233 27066 33054 58936 35335 24633 30612 64785 36567 6 Panchkula 9522 2299 1092 -20151 -16207 -13612 1232 6358 9377 7 Sirsa 12750 29332 26676 19991 155512 159810 62957 247211 97191 8 Yamunanagar 35015 40310 58068 98145 35406 29738 44398 61670 53040 Table 11 (ii): Number of brick kilns which can be operated with the Assimilative Carrying Capacity/Available Supportive Capacity S. Name of No. of Zig *No. of brick kilns which can be operated No. District Zag type brick kilns Jan Feb Mar Apr May Jun Oct Nov Dec 1 Ambala 106 86 99 98 110 103 103 85 57 75 2 Fatehabad 61 30 27 -27 -84 -142 -117 31 -96 12 3 Hisar 192 123 116 69 -19 10 -78 126 -85 52 4 Kaithal 90 70 71 48 12 28 14 51 -21 -16 5 Kurukshetra 59 38 32 26 0 24 34 28 -6 22 6 Panchkula 51 41 49 50 71 67 65 50 45 42 7 Sirsa 102 89 73 75 82 -54 -58 39 -145 5 8 Yamunanagar 82 47 42 24 -16 47 52 38 20 29 *Negative values indicate that no brick kiln can be operated xiii. The number of brick kilns which could be permitted to operate in a particular district within the assimilative carrying capacity/available supportive capacity of the ambient air environment was estimated as explained above. Based on the evaluation of the data and estimation of the carrying capacity as explained in the previous section, there is no assimilative capacity available in the ambient air environment in the Non- NCR districts of Haryana for simultaneous operation of all the existing brick kilns, during the period i.e. October to June, even after adopting Zig-zag technology. The outcome of the month-wise and district-wise estimation w.r.t. the number of brick kilns which can be operated within the assimilative capacity/available supportive capacity without any negative effect on the ambient air is summarized in Table 12.
Table 12: Month-wise and District-wise estimation of the number of Zig-zag type brick kilns, which can be operated in Non-NCR Districts of the State of Haryana S. Name of No. of Zig *Month-wise number of Zig-zag type brick kilns, which can be No. District Zag type operated without affecting the ambient air quality I.e. within brick the assimilative capacity/available supportive capacity kilns Jan Feb Mar Apr May Jun Oct Nov Dec 1 Ambala 106 86 99 98 110 103 103 85 57 75 2 Fatehabad 61 30 27 -27 -84 -142 -117 31 -96 12 Hisar 52 3 192 123 116 69 -19 10 -78 126 -85 4 Kaithal 90 70 71 48 12 28 14 51 -21 -16 5 Kurukshetra 59 38 32 26 0 24 34 28 -6 22 6 Panchkula 51 41 49 50 71 67 65 50 45 42 7 Sirsa 102 89 73 75 82 -54 -58 39 -145 5 18 Yamunanaga 29 8 82 47 42 24 -16 47 52 38 20 r * Negative values indicate that no brick kilns can be operated.
xiv. With regard to the impact of brick kilns' operation in Non-NCR districts of Haryana on the air quality of NCT of Delhi, it is submitted that a joint study on "Source Apportionment of PM2.5 and PM10 of Delhi NCR for identification of major sources" was conducted by Automotive Research Association of India (ARAI) and The Energy and Resources Institute (TERI) for Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, New Delhi. The study, based on data for 2016, assessed sectoral and sub-sectoral contribution using receptor and dispersion modelling techniques and indicated that brick kiln industry contributed about 5% and 7% w.r.t. PM10 emissions in summer and winter respectively, in ambient air of Delhi and NCR (relevant part of the report is attached as Annexure-8). It was also assessed that, with conversion to Zig-zag technology, the contribution of brick kiln may come down to further 2% (Summer) to 4% (Winter). The Zig-zag technology in brick kilns of NCR regions has been implemented w.e.f. 30.9.2017 and the brick kilns which have not adopted Zig-zag technology have been closed down by the respective SPCBs, thus reducing the number of operational brick kilns in NCR regions by around 50%. Therefore, the estimated contribution of brick kilns in the ambient air (PM10) of Delhi NCR for the base year 2019 is expected to be further reduced. It may please be submitted that the above estimates are for brick kilns operated in the entire area and not-just limited to Non-NCR districts of Haryana.
Dispersion modelling technique was again applied for assessing the impact of brick kilns located in Non-NCR districts of Haryana on the air quality of NCT of Delhi for the base year 2019. The results indicate the impact of operation of brick kilns in Non-NCR regions of Haryana, on air quality of Delhi NCR (PM2.5 and PM10) to be negligible in both summer and winter. Therefore, it may be inferred that the operation of brick kilns in Non-NCR regions of Haryana, with all dust control measures in place, is not expected to have significant impact on the ambient air quality of NCT of Delhi, though it might affect the nearby areas.
3. Submission Following submissions including conclusion drawn from the monitoring results and the above analysis are made:
1. Analysis based on the available data indicate that emissions from Zig-zag type brick kilns are significantly lower in comparison to FCBTK operating with Coal or Agro-residues as fuel. Therefore, conventional brick kilns using agro-residues may not be substitute to Zig-zag based kilns.
2. Study conducted on Top soil and Excavated/desurfaced soil in Seven Non-NCR Districts of Haryana indicted that while at 19 some of the samples/sites, different soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, other samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. Further studies may be required to establish the impact of brick earth excavation on the fertility of top soil. However, the literature/research studies suggest that the fertility of top soil is negatively affected by use of top soil in brick manufacturing. Therefore, area specific measures are required to preserve the top soil.
3. The preservation of top soil should be incorporated in the mining plan/Mining License issued by the Mining Department to Brick manufacturers. The submission of the compliance report of the conditions of mining license, may be incorporated as one of the conditions of 'Consent to Operate' granted by State Pollution Control Boards (SPCBs).
4. The overall fugitive dust emissions from all type of brick kilns, irrespective of the firing technology (FCBTK or Zig-Zag) adopted, are similar and most of the brick kilns monitored in the present study were also observed to be lacking in the implementation of the fugitive dust emissions control measures specified by the respective State Pollution Control Boards. Therefore, the brick kilns and SPCBs must ensure adherence to the conditions prescribed in the 'Consent to Operate'.
5. The CAAQMS data w.r.t. PM10 concentration in the ambient air for the last three years were found to be exceeding the prescribed ambient air quality standards in Non-NCR districts of Haryana, indicating limitation in the carrying capacity of ambient air environment.
6. The outcome of dispersion modelling study for the data of the base year 2019 indicates that operation of brick kilns in Non-
NCR districts of Haryana are expected to have negligible contribution on ambient particulate matter concentration (PM10 and PM2.5) in NCT of Delhi. However, it may impact ambient air quality in the nearby areas.
7. It may also be pertinent to submit that air quality within a district may have significant spatial variations. Therefore, SPCBs may take up detailed study in the brick kiln clusters with more number of monitoring stations, through satellite based Aerosol Optical Depth (AOD) data or use of appropriate models to further refine spatial air quality profile and carrying capacity.
8. It is submitted that carrying capacity of environment is usually referred as the maximum population that can be sustained by specific environment.
9. The carrying capacity of the air environment of an area will depend on the pollution load and capacity of dispersion of pollution. The carrying capacity can be enhanced through 20 various means including technology interventions. The Hon'ble NGT order dated September 09, 2021 in the matter of OA No 19/2021 recognizes the concern that particulate matter concentration are higher in the central Indian /Indo Gangetic plains as compared to Southern, Eastern/North-eastern parts of the country and there was a need to maintain balance in developmental activities and environmental protection, air pollution problems of Indo-Gangetic Plain and requirement of a good scientific framework to deal with the issues related to carrying capacity, development, technologies, mitigation measures, etc. for environmentally sound development. Hon'ble NGT has directed for preparation of such a science based expert report on the issue.
10. In the districts with restrictive carrying capacity (Table 12), the selection of brick kilns which can be operated may be made in such a manner that there is distance of 800 mtr between two operational brick kilns and all the brick kilns permitted to operate must be complying with the conditions of the consent to operate and various guidelines/directions issued for dust control measures, so as to ensure minimum localized impact on the ambient air.
11. MoEF&CC vide Notification G.S.R. 143(E), dated 22.02.2022 notified revised standards for brick kilns (Annexure-9). Key features of revised standards are:
(i) Standard for PM emissions from stack of brick Kiln revised to 250 mg/ Nm3
(ii) New brick kilns shall be based on zig-zag technology or vertical shaft or use of PNG as fuel
(iii) Existing brick kilns shall be converted to zig-zag technology or vertical shaft or use of PNG as fuel in brick making within a period of one year in case of kilns located within a 10 km radius of non-attainment cities and two years for other areas
(iv) Only approved fuels such as PNG, coal, fire wood and/or agricultural residues are permitted; Use of pet coke, tyres, plastic, hazardous waste shall not be permitted
(v) Permanent facility for port hole and platform according to the norms laid down by the Central Pollution Control Board (CPCB) will be provided
(vi) Brick kilns should follow Fugitive dust emission control guidelines as prescribed by concerned State Pollution Control Boards (SPCBs), and ensure that the roads for transporting raw material or bricks arc paved roads."
6. We find that the report is based on relevant data and needs to be adopted. Accordingly, we direct the State PCB to follow the same for any future consents under the Water (Prevention and Control of Pollution) 21 Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
Further, notification dated 22.02.2022 issued by MoEF&CC which has notified revised standards for brick kilns in respect of technology to be used, standards to be followed and converting the existing brick kilns to new technology needs to be followed. However, in view of changing air quality levels, studies may have to be undertaken periodically and present study followed till there is perceptible change in the air quality.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Haryana and State PCB by e-mail for compliance.
In view of the order passed above in the main application, all pending IAs will also stand disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM March 10, 2022 Original Application No. 1088/2018 (I.A. Nos. 98/2019, 100/2019, 101/2019, 119/2019 & 266/2019) SN 22