National Green Tribunal
N G Soman vs Bharath Petroleum Corporation Ltd., ... on 2 March, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 265 of 2017 (SZ) &
M.A. No.216 of 2017 (SZ)
IN THE MATTER OF:
N.G. Soman
... Applicant(s)
WITH
Bharat Petroleum Company Ltd.
Kochi and Ors.
...Respondent(s)
Date of hearing: 02.03.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Mr. M.Kumaresan for
M/s. King & Patridge for R1.
M/s. Niveditha S. Menon
for V.K. Rema Smrithi for R2.
1
ORDER
1. On 19.12.2019 even in the absence of the applicant the matter was taken up and the following order has been passed.
"The grievance in this application is regarding the operation of first respondent unit at Ambalamugal in Kerala State. It is alleged in the application that the applicant is a resident of Ambalamughal in the near vicinity of the first respondent who are operating Sulphur recovery unit and crude oil distillation unit and other plants. The second respondent is having a Hydrogen plant situated very near to the residential properties of the applicant as well as other residents also. According to the applicant, their plant is yet to be commissioned. The respondents have not fulfilled the basic safety measures like Green belt, Buffer zone etc., by emitting poisonous gas, chemicals and radiation from the respondent's plants, it causes serious air as well as water pollution. Even on earlier occasion there was a leakage occurred which resulted in contamination of ground water. It is highly populated area, where several schools, colleges, hospitals etc., were situated in the nearby surroundings. It is started in the year of 1963 presently having a crude oil refining capacity of 9.5 Million Metric Tonnes per annum. Their products include Liquefied Petroleum Gas, Naphtha, Motor Spirit, Kerosene, Aviation, Turbine Fuel, High Speed Diesel, Fuel Oils and Asphalt and also producing Benzene, Toluene, Propylene, Special Boiling Point Sprit, Mineral Turpentine Oil, Sulphur and Hydrogen.
Second respondent is an American Company and they are engaged in Manufacture and Supply of Gases and Chemicals including Argon, Carbon Dioxide, Carbon 2 Monoxide Syngas, Helium, Hydrogen, Nitrogen, Oxygen, Specialty Gases, Gas Mixtures Welding/ Cutting Gases, Amine Intermediates, Curatives, Defoamers and Deaerators, Dispersants, Epoxy Accelerators and Catalysts, Epoxy Adhesion Promoters, Epoxy Curing Agents, Epoxy Diluents and Modifiers, Epoxy Specialty Resins, Epoxy Waterborne Curing Agents, Fluorinating Reagents, Personal Care Ingredients, Polyurethane Amine Catalysts, Polyurethane Metal Catalysts, Polyurethane Processing Aids, Polyurethane Surfactants, Specialty Chemicals, Electronics, Surfactants, Waterborne Urethane and Acrylic Hybrids etc., The houses are situated very near to the second respondent hydrogen plant. It is not clear from the allegations as to whether the second respondent had applied for any necessary clearances before establishing the unit which is required for establishment of the unit. In fact on the basis of the anticipatory action pursuant to the incident of leakage of gas occurred in the first respondent on 29.09.2016 resulted in admitting 30 students in the nearby hospitals, this application has been filed. According to the applicant, the pollution still continues.
There is no representation for the applicant. Though the application was filed in the year 2017 and taken up on 10.03.2017, no effective orders were passed. It is not even admitted.
However, in order to ascertain the present status, we direct the Kerala State Pollution Control Board to inspect the area in question and submit a factual and action taken report regarding the allegations made including whether second respondent unit has started functioning, whether they have got all the necessary clearances and also whether the operation of the first 3 respondent is in compliance with the terms and conditions imposed in the environmental clearance consent documents and whether any pollution has been caused on account of the functioning of the unit and if so, what action is taken regarding the same and submit a factual and action taken report to this Tribunal and if any pollution is caused on account of the operation of the unit and any remedial measure is required, that has to be suggested and recommended and submit the report within a period of two months to this Tribunal by email at [email protected]. The Registry is directed to communicate this order to Kerala State Pollution Control Board along with a copy of the application to enable them to submit a report as directed.
Post the matter for consideration of the report on 26.02.2020."
2. We directed the Kerala State Pollution Control Board (KSPCB) to file the report and posted the case to 26.02.2020. It was taken up on 26.02.2020. On that day there was no representation for the applicant. In order to give opportunity to the applicant, we posted the case to today for consideration of the report.
3. Kerala Pollution Control Board had filed their report which reads as follows:-
"(3) The commissioning works of IREP of first respondent were completed and they had started production from September 2017 onwards. They had also obtained Environmental Clearance (EC) from Ministry of Environment and Forests (MoEF) for the project on 4 22.11.2012. Public hearing / consultation as per condition in EIA was conducted on 14th February, 2012. Since the industrial gas complex of the second respondent is a part of the Integrated Refinery Expansion Project, no separate EC has been obtained by the second respondent.
(4) It is respectfully submitted that the first respondent, M/s. BPCL Kochi Refinery had obtained integrated Consent to Operate for the Integrated Refinery Expansion Project on 24th October, 2017 having validity up to 30.09.2020, with conditions that the effluent generated in the company shall be treated and achieve the standards as per notification No. G.S.R. 186 (E) dated 18.03.2008 for Oil Refinery industry ad continuous online monitoring facility provided in the treated water discharge point and all the process stacks and the data shall be connected to SPCB and CPCB servers Authorization under Hazardous and other wastes (Management and Transboundary Movement) Rules, 2016 also given for the collection, storage, treatment, transport, reprocessing / disposal of Hazardous waste generated in the company.
(5) I may humbly submit that the second respondent, M/s. Prodair Air Products India Pvt. Ltd. had obtained Consent to Operate on 20.10.2017 with validity up to 30.09.2020 for the first phase for producing Hydrogen, Nitrogen, Oxygen and producing electricity of 18 MW with conditions that the effluent generated and the oil contaminated rain water in the company shall be transferred to treatment plant of M/s. BPCL Kochi Refinery for final treatment and continuous online monitoring facilities shall be provided to all the process stacks and the data shall be connected to SPCB and CPCB servers.
Authorization under Hazardous and other wastes (Management and Transboundary Movement) Rules, 2016 5 also given for the collection, storage reprocessing / disposal of Hazardous waste generated in the company. Consent to Establish for the second phase for producing Synthesis gas has been renewed on 10.10.2018 with validity up to 30.11.2021. The commissioning works of the same is in the final stages.
(6) It is respectfully submitted that there are four continuous ambient air monitoring stations, three in IREP area and one industrial gas complex of second respondent for the measurements of PM10, PM2.5, SO2, NOx, H2S, Mercaptan, non-methane - HC and Benzene has been installed and the collected data has been transferred to SPCB and CPCB servers regularly and the real time data available in Pollution Control Board's website also.
(7) I may humbly submit that periodical inspections have been conducted for District Office, Regional Office, and Head Office of the Board as part of Consent enquiry, periodical compliance monitoring, monthly sampling, in both the respondent companies. Treated water from the whole ETP's and STP are discharging into the two reservoir ponds. The excess water after reusing for fire fighting, process area cleaning and gardening discharged into River Chitrapuzha. Continuous online monitoring facility is provided in the treated water discharge point and connected to SPCB and CPCB servers. The following exceedance of the parameters are noticed in the treated water samples collected from the ETP outlets and the authorized outlet discharging into River Chitrapuzha. BOD value 20 mg/l against the prescribed limit of 15 mg/l in the sample collected from Chithrapuzha Outlet on 17.06.2019.
6 Suspended Solid Waste 21.6 mg/l against the prescribed limit of 20 mg/l in the sample collected from Chithrapuzha Outlet on 17.06.2019.
Ammonia as Nitrogen value 20.68 mg/l against the prescribed limit of 15 mg/l in the sample collected from Chitrapuzha Outlet on 17.06.2019 pH value 4.82 against the prescribed range of 6 - 8.5 in the sample collected from the ETP outlet, DHDS unit on 17.06.2019.
BOD value 120 mg/l against the prescribed limit of 15 mg/l in the sample collected from ETP 5 outlet on 17.06.2019 (8) It is respectfully submitted that both respondent companies have provided Continuous Ambient Air Quality Monitoring Stations (CAAQMS), online monitoring facilities for all the stacks and the real time data from those facilities are connected to Pollution Control Board server. The exceedance of the standards is automatically intimated the authorized company person through SMS messages and E-mail. No continuous exceedance of any parameters in stack emissions noticed either from the IREP units or from industrial gas complex but exceedance were noticed for some parameters in CAAQMS. Periodical water, air and noise monitoring reports regularly submitted. But is important to note that there are public complaints against foul smell and sound due to the operation of different plants of this industrial unit and several times complaints from them were being enquired by officials of the Board. Also there are complaints against inadequate green belt /buffer zone around the unit. During month of January 2020, specific complaint has been received from the public against foul smell and 7 sound from the unit and the Board Chairman himself was inspected the premises and discussed with petitioners and responsible officials of the Industry. Different level discussions were being done to analyze the monitoring data with respect of CAAQMS installed at six strategic points. Also sound levels were continuously monitored at points where petitioners raised specific complaints. Details of exceedance of CAAQMs data (2019-2020) are illustrated in Table 1 and sound level observed are illustrated in Table 2.
Sl. Parameters No. of No of Deviation Deviation
No. Exceedance data's % allowed as
per CPCB
NAAQMS
stds. For 24
hrs.
1 SO2 17 1507 1.12 2%
2 NOX 2 1529 0.13 2%
3 CO 7 1498 0.47 2%
4 Benzene 17 1506 1.13 -
5 PM10 102 1519 6.71 2%
6 PM 2.5 56 1510 3.71 2%
Table 1 - Exceedance concentrations as per AAQMS for the period 2019 - 2020.
Near Cooling tower & Near pumping station, Biju's [dB(A) Leq] quarry No.1 [dB(A) Leq] 06.12.2019 - 71.5 07.12.2019 49.6 67.3 19.12.2019 - 58 20.12.2019 - 64.5 21.12.2019 - 56 22.12.2019 - 60 23.12.2019 - 54.9 25.12.2019 - 67.7 8 26.12.2019 - 60.6 27.12.2019 - 60.3 29.12.2019 - 54.7 30.12.2019 - 62.4 Table 2: Sound level monitoring data (9) I may humbly submit that after such complaint enquiries and monitoring, specific directions were given to the respondent industries to provide certain facilities to control sound generated from some corners of this industrial complex with are as follows:
a) Sound control mechanisms at the steam exhaust and associated pipe line has to be completed with immediate effect.
b) Acoustic enclosures has to be provided for water pumps used for pumping raw water from quarry pond to PDPP project and IREP plant which are located very much closer to the complainants.
c) Raw water discharge waterfalls to the quarries to be converted to submerged discharge.
d) Sound from cooling tower PCW-CT-101 A to E to be controlled to bring noise at nearby residences to within statutory ambient noise standards.
e) Immediate steps have to be taken to provide sufficient green belt around the unit.
f) Specific guidelines available for allowing buffer zone to this type of unit has to be practiced.
(10) I may humbly submit that the company authorities responded to the above raised directions (Items a,b,c & d) are produced herewith. Also they have intimated through e-mail that for items d & e.9
(i) Green Cover "As against the requirement of 209 acres (33% of pant area), currently BPC KR has 243 acres of green cover which includes the 40 acres of land earmarked in PDPP project. Approx 50 acres of land being developed inside the refinery as part of the IREP project. Hence, the total green cover meets with the required norms"
(ii) Buffer Zone "BPCL - KR would like to state that the distances to the boundary of the project facilities meet all the distance criteria specified by Petroleum Safety Explosives Organization (PESO), Oil Industry Safety Directorate (OISD) standards 118. Accordingly adequate buffer zones are being maintained".
10. It is respectfully submitted that the hazardous waste generated in the respondent companies are properly collected, stored and disposed reprocessed in compliance with the provisions of Hazardous waste (Management & Trans boundary movement) Rules 2016. The annual report in Form IV regarding the quantity of hazardous waste generated, its storage and disposal has been submitted by the companies. Manifest regarding the disposal of Hazardous waste is regularly submitted to the Board which is verified. The disposal of Hazardous waste is found to be in compliance with the consent conditions. Oily sludge from ETP and tank bottom of first respondent are co-processed in Delayed Coker unit plant for pet coke production and thus minimizing the sludge generation from the refinery. The land fillable hazardous wastes are disposed through common hazardous waste TSDF or KEIL at Amabalamedu as per the consent conditions.
11. The copy of compliance report of EC conditions are submitted by the first respondent, including those 10 parts applicable to second respondent. A true copy of the latest EC compliance report submitted by first respondent is produced herewith. In compliance to the order of the Hon'ble NGT in the order dated 19.12.2019, a team headed by Chief Environmental Engineer, District Environmental Engineer and other officers inspected the both the companies on 11th February 2020 and verified the compliance of EC conditions. By verifying the report, it seen from that the company had complied various EC conditions. Also during the inspection, it was found that they are satisfactorily maintaining the air pollution devices, effluent / sewage treatment units, Hazardous waste management systems etc.
12. It is responsibility submitted that the reporting official and the different officials of the Board responsible for verification of the operation of these respondent industries had carried out the duties assigned and continuing to ensure that all the pollution control systems provided by these industries are satisfactorily functioning and the unit is complying with relevant provisions of respective Environmental Stautes."
4. It is seen from the report that as per the sample taken on 17.06.2019 from the ETP outlet and the authorised outlet discharging into River Chitrapuzha, BOD value is 20 mg/l as against the prescribed of 15 mg/l in the sample collected from Chitrapuzha Outlet on 17.06.2019, Suspended Solid value is 21.6 mg/l as against the prescribed limit of 20 mg/l in the sample collected from Chitrapuzha Outlet. Ammonia as Nitrogen value is 20.68 mg/l as against the prescribed limit of 15 mg/l in the 11 sample collected from Chitrapuzha Outlet. pH value is 4.82 as against the prescribed range of 6 - 8.5 in the sample collected from the ETP outlet, DHDS unit. BOD value is 120 mg/l as against the prescribed limit of 15 mg/l in the sample collected from ETP 5 outlet.
5. It is also mentioned that sound level near pumping house is on the higher side and they have made certain observations as follows:-
"(9) I may humbly submit that after such complaint enquiries and monitoring, specific directions were given to the respondent industries to provide certain facilities to control sound generated from some corners of this industrial complex with are as follows:
g) Sound control mechanisms at the steam exhaust and associated pipe line has to be completed with immediate effect.
h) Acoustic enclosures has to be provided for water pumps used for pumping raw water from quarry pond to PDPP project and IREP plant which are located very much closer to the complainants.
i) Raw water discharge waterfalls to the quarries to be converted to submerged discharge.
j) Sound from cooling tower PCW-CT-101 A to E to be controlled to bring noise at nearby residences to within statutory ambient noise standards.
k) Immediate steps have to be taken to provide sufficient green belt around the unit.12
l) Specific guidelines available for allowing buffer zone to this type of unit has to be practiced."
6. Though in Para No.9 it is mentioned that immediate steps will have to be taken to provide sufficient green belt around the unit, when it discussed about the sufficiency of the green cover, on next page of the report, it says that it meets the required norms.
There is no explanation regarding the conflicts on this aspect in the report and what is the remedial measures to be taken.
7. The report was on the basis of inspection on 17.06.2019. So, we feel it appropriate to get a fresh report regarding the Ambient Air Quality, sound level and also the water quality of Chitrapuzha in which the treated effluent is discharged and if there is any deficiency or gap found then, suggest the remedial measures to be taken by the first respondent to remediate the same as per both short and long term plans.
8. Kerala Pollution Control Board is directed to conduct a fresh inspection and also to find out Ambient Air Quality and Sound level near the house of the complainant and nearby residence and inside the unit and submit the report as to whether they are complying with the norms. They may also take water samples from the water source available in the nearby area including the 13 river Chitrapuzha where the effluent is discharged to ascertain as to whether there is any impact on water quality on account of the functioning of the first respondent unit and submit a detailed report to this Tribunal and if there is any violation found, action taken must also be mentioned in the report including imposition of environmental compensation.
9. The report shall be filed to this Tribunal within a period of two months.
10. For consideration of report post on 18.05.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.265/2017, 02nd March, 2020.
Mn.
14