National Green Tribunal
Tribunal On Its Own Motion In Re Ozone ... vs State Of West Bengal And Others on 29 March, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No.121/2021/EZ
IN THE MATTER OF:
Tribunal on its own Motion
Re: Ozone Spike in Kolkata
....Applicant(s)
Versus
1. The West Bengal Pollution Control Board,
Through the Chairman,
Department of Environment, Govt. of West Bengal,
Paribesh Bhawan, 10A, Block-LA, Sector-III,
Bidhannagar, Kolkata-700097
2. Central Pollution Control Board
Regional Office, Kolkata
....Respondent(s)
COUNSEL FOR APPLICANT:
Suo Motu
COUNSEL FOR RESPONDENTS:
Mr. Dipanjan Ghosh, Advocate for R-1, WBPCB
Mr. Sibojyoti Chakraborty, Advocate for R-2, CPCB
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: - 23rd March, 2022 Pronounce On: - 29th March, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes 1 JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the parties and perused the documents on record.
2. This Original Application was taken up by the Tribunal Suo motu on the basis of a News Item published in 'The Times of India' dated 13.12.2021 with the heading "Ozone Spike in Kolkata raises concern". The news report highlighted that the Ozone count in Central Kolkata was 60% more than the safe levels raising concerns about public health and threat to the iconic Victoria Memorial. The eight-hour average was 160 µg/cubic meter in the Victoria Memorial area on particular Sunday, as reported by West Bengal Pollution Control Board. It was further reported that eight-hour average of ozone should not exceed 100 µg/cubic meter, as per the World Health Organization (WHO).
3. The Tribunal vide its order dated 16.12.2021 constituted a Committee comprising of the following members:
i. Senior Scientist, West Bengal Pollution Control Board;
ii. Senior Scientist, Central Pollution Control Board The West Bengal Pollution Control Board was designated as the nodal office for all logistic purposes.
4. The Committee was directed to examine the air quality contents of the article and suggest remedial measures of a permanent nature and submit its report accordingly. 2
5. The Committee of West Bengal Pollution Control Board and Central Pollution Control Board, Regional Office, Kolkata has submitted its report through an affidavit of the West Bengal Pollution Control Board dated 31.01.2022. The Committee in its Report has stated that the major pollutants associated with motor vehicles are (i) Ozone, (ii) Particulate matter, (iii) Nitrogen oxides, (iv) Carbon monoxide, (v) Sulphur dioxide, (vi) Hazardous air pollutants.
6. The importance of ozone as a pollutant and the importance of road transport in causing it, raises many concerns like fuel type (gasoline, diesel, Liquefied Petroleum Gas (LPG) and electricity), vehicle type, road fleet and traffic congestion. The Committee has also stated in a tabular form the National Ambient Air Quality Standard (NAAQS), 2009 for ozone which is reproduced below:-
Pollutant Time Weighted Concentration in Ambient Average Air Industrial, Ecologically Residential, Sensitive Rural and Area (Notified other Areas by Central Government) Ozone (O3) 8 Hours ** 100 100 µg/m3 1 Hour ** 180 180 ** 24 hourly or 8 hourly or 1 hourly monitored values, as applicable, shall be complied with 98% of the time in a year. 2% of the time, they may exceed the limits but not on two consecutive days of monitoring.
7. The Committee further stated that they have done a comparison of Ozone Concentration in the month of October, November & December for three Consecutive years (2019, 2020 & 2021). It was observed that for all the three years the evidenced 3 spike in concentration in ozone occurred for the duration of 8 hours between 08:00 AM to 04:00 PM. However, during mid-night to early morning hours (12:00 AM to 08:00 AM), ozone concentration remained mostly within the permissible limit as prescribed by National Ambient Air Quality Standard (NAAQS). The same thing was observed for the late afternoon to mid-night hours (04:00 PM to 12:00 AM). So, the Committee concluded that the ozone spike was high when the emissions from anthropogenic sources was high i.e. vehicular congestion and other daily activities are at its peak and also opined that the variation in data was due to the presence of sunlight, which was more between 08:00 AM to 04:00 PM, augmenting the Ozone formation, in combination with vehicular emissions.
8. The Committee further stated that the ozone concentration never attained the value of 160 µg/cubic meter as stated in the news paper report. They have given a data available for ozone with the West Bengal Pollution Control Board for Sunday i.e. 12.12.2021 which shows the concentration of ozone as follows:-
Parameter Time Concentration (µg/m3)* Ozone 12.00 AM to 08.00 AM 65.52 08.00 AM to 04.00 PM 126.76 04.00 PM to 12.00 AM 14.96
9. The observations and conclusion are of the Committee Report is reproduced herein under:-
"6.0 Observations:-
• Ozone concentration was observed in the range of 15-48 µg/m3 during 8 am to 4 pm on working day (Friday, 31.12.2021) as depicted in Table 2. Maximum 4 Concentration was observed during 1 pm-2 pm and minimum concentration was observed during 8 am-9 am and 8 hourly average was 34 µg/m3 as depicted in Fig.5 • Ozone concentration was observed in the range of 6.5-50 µg/m3 on holiday (Sunday, 02.01.2022) as depicted in Table 3. Maximum Concentration was observed during 1 pm-2 pm and minimum concentration was observed during 8 am- 9 am and 8 hourly average was 29 µg/m3 as depicted in Fig.6.
• Data reveals that 8 hourly average ozone concentration was slightly higher on working day compared to holiday as depicted in Fig.4, may be because of more traffic movement on working day. In both the days the 8 hourly average ozone concentration level was within the prescribed limit of 100 µg/m3.
Table-2 O3 concentration as on 31.12.2021 S No Date Time Ozone NAAQS Standard Conc.
(µg/m3) 1 08AM-09AM 15 2 09AM-10AM 19 3 10AM-11AM 21 1 Hourly prescribed norm:- 180µg/m3 4 11AM-12PM 43 5 31.12.2021 12PM-01PM 44 6 01PM-02PM 48 7 02PM-03PM 37 8 03PM-04PM 31 8 Hourly Average 34 8 Hourly prescribed norm:- 100µg/m3 Table- O3 concentration as on 02.01.2022 S No Date Time Ozone NAAQS Standard Conc.
(µg/m3) 1 08AM-09AM 7 2 09AM-10AM 19 3 10AM-11AM 20 1 Hourly prescribed norm:- 180µg/m3 4 11AM-12PM 27 5 5 02.01.2022 12PM-01PM 30 6 01PM-02PM 50 7 02PM-03PM 39 8 03PM-04PM 39 8 Hourly Average 29 8 Hourly prescribed norm:- 100µg/m3 7.0 Conclusion:-
1. The 8 hourly average ozone concentration level in Victoria Memorial was within the NAAQS prescribed limit of 100 µg/m3 on both the days i.e. on working day (Friday) and on Holiday (Sunday).
2. Comparison of three months data (October-December) during the year 2019-2021, reveals that most of the days the 8 hourly average Ozone level are within the prescribed norms of NAAQS."
10. We, therefore, dismiss this Original Application No.121/2021/EZ by giving the following directions:-
1. Vehicles are a dominant source of pollution in Kolkata and can remain a daunting challenge with growing motorization. Along with motorization, use of diesel has also increased in the city due to growth in the number of high mileage commercial vehicles. This is not only contributing to the particulate but also the NOx load which may result in formation of ozone in presence of VOC and sunlight. Hence, effort should be made by the State Government for conversion to clean fuel (CNG/Electric) from the standard Petrol/Diesel vehicles.
2. The major thoroughfare in an around Victoria Memorial should be free from Traffic Congestion. 6
3. Strict enforcement of No Parking Rules in and around Victoria Memorial.
11. There shall no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata March 29, 2022 Original Application No.121/2021/EZ MN 7