National Green Tribunal
Shyam Mohan Richhariya vs State Of Madhya Pradesh Through ... on 1 August, 2024
Item No. 09
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 177/2023(CZ)
(I.A.No.35/2024)
Shayam Mohan Richhariya Applicant(s)
Vs.
State of M. P. & Ors. Respondent(s)
Date of Hearing: 01.08.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER
For Applicant(s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Prashant Sthapak, Adv.
Mr. Rohit Sharma, Adv.
Mr. Prashant M. Harne, Adv.
(with Mr. Mehul Bhardwaj, Adv.)
Ms. Parul Bhadoria, Adv.
Mr. Om Shankar Shrivastava, Adv.
ORDER
1. The grievance of the applicant is compliance of the Air (Prevention and Control of Pollution) Act, 1981 by respondent no. 6, unit of Bhopal Sahkari Dugdh Sangh Maryadit which is in a red category plant operating in close proximity of ISBT, Rani Kamalapati Railway Station, School, Colleges, Hospital and Residential areas at Habib Ganj and processing the milk plant. The project proponent has invited tender for steam-based/design, supply, installation, operation and 1 maintenance for 5 MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired Bio-Mass Boiler for Dairy Plant, which is against the action plan made by the Madhya Pradesh Pollution Control Board.
2. It is alleged that use of briquette, solid fuel if allowed in the middle of the city may lead to having adverse effect on the human health in the city.
3. The matter was taken up by this Tribunal on 11.12.2023 and a committee consisting members of the CPCB and the State PCB was constituted with direction to submit the factual and action taken report. in compliance thereof, the joint committee submitted the report. Notices were issued to the respondents, who have filed the reply.
4. The submission of the learned counsel for the CPCB are that under Section 18 (1)(b) of Air (Prevention of Control of Pollution) Act, 1981 and Section 22 the State PCB has been authorized to take necessary action in-case of violation. The members of the joint committee in compliance of the order filed the report with the following facts :-
A. "Introduction and location of M/s Bhopal Sahakari Dugdh Sangh Dairy Plant, Bhopal:-
1. Bhopal Sahakari Dugdh Sangh Maryadit, affiliated to MP State Cooperative Dairy Federation, Bhopal is in existence since 1977. It covers 11 districts and deals with 22 Milk Chilling Centres in its area of operation. The main Dairy plant of 4.00 lakh liters per day capacity is located at 2 Habibganj, Bhopal. It was established in 1981.
2. The plant is located approx 90 meters away on North - East side of Rani Kamplapati railway station and approx 100 meters away on South - West of ISBT. This is a state government organization.
3. The nearest residential colony is approx 160 meters away on west side from the plant. The plant area is approx 9.50 Acres.
4. The urban dairy development covers creation and strengthening of necessary infrastructure relating to milk Chilling, processing, manufacture and marketing of milk & milk products. As informed, Raw milk is collected from milk producers. Milk so collected is transferred through insulated milk tankers to the milk processing plant. At processing plant this milk is pasteurized, Homogenise and separated which further used for milk packing and other indigenous and fermented milk product making. Presently, besides dairy plant, the milk union has Butter and Ghee manufacturing facility of 5 MT/day each.
5. Two existing Boilers of capacity 3 Ton each run by LPG (Liquid Petroleum Gas) are installed to meet out plant steam requirement. Where one boiler runs 20 hr in a day and other boiler is for backup which generally used at the time of maintenance/shutdown of another boiler. As informed, the consumption of LPG is approx. 1.9 MT/day and bio briquettes will be approx. 36 MT/day.
6. A DG of capacity 400 KVA is installed to meet out the sudden breakdown or power cut from MPEB (Madhya 3 Pradesh Electricity Board).
7. The waste water generated from cleaning of equipments transferred to ETP (Effluent Treatment Plant) of capacity 600 KLD. Daily 4 Lakh Litre of waste water treated out of which 2 Lakh Litre treated water supplied to Indian Railway for their platform and wagon cleaning and rest 2 Lakh Litre of water is used in plant gardens, Green belts, Platform cleaning, vehicles outer body washing etc. B. Layout of the Plant:
➢ The plant layout is enclosed. The various units of the plant are marked on the layout plan.
➢ The main milk processing unit is located on the west side of the plant premises.
➢ The boiler house is located on the North - West quadrant of the plant premises. There are two boiler houses adjacent to each other. One is old boiler house having LPG gas based boiler and another is new boiler house of 5 TPH capacity based on bio briquette fuel.
➢ The new boiler house is located approx 180 meters from Railway line and approx 120 meters from Road. ➢ The Effluent Treatment plant of 600 KLD capacity located on North - East quadrant of the plant premises. ➢ The plant is surrounded by thick green plantation all around. ➢ The internal roads and drains are made of cement concrete.
C. Waste water and Solid waste management:
➢ Water source are BMC and two bore wells located within the premises. The plant has an agreement with Water Resources Department Regarding water extraction of 225 Cum/day. The agreement is valid up to 12/05/2026. Plant has not taken permission from Central Ground 4 Water Authority.
➢ The total quantity of water consumed is 580 KLD i.e., 40 KLD being for domestic purpose and 540 KLD being industrial purpose.
➢ The total quantity of waste water generated is 254 KLD i.e., 22 KLD from domestic and 232 KLD from industrial waste water.
➢ The waste water is discharged into ETP. The plant has installed ETP system of capacity 600 KLD consisting of Clarifier, Equalization Tank, Aeration Tank, Sludge Drying Bed, UASB, Treated water collection tank. The treated waste water is utilized for gardening to platform washing within premises. Thick green plantation is provided in and around the premises.
➢ Approx 2.00 lacs liter treated waste water is supplied to Rani Kamplapati Railway Station through pipe.
➢ The source of Hazardous Waste is used/ spent oil generated about 0.01 MT/year, empty barrels/containers contaminated with hazardous chemicals generated about 15 MT/year, PVC/Plastic Waste generated about 8 MT/year. This Hazardous Waste is disposed of at TSDF Pithampur/ authorized recycler.
D. Background and Specific Issues in this matter:-
➢ The grievance of the applicant is compliance of the Air (Prevention and Control of Pollution) Act, 1981 by respondent no. 6, unit of Bhopal Sahkari Dugdh Sangh Maryadit which is in a red category plant operating in close proximity of ISBT, Rani Kamalapati Railway 5 Station, School, Colleges, Hospital and Residential areas at Habib Ganj and processing the milk plant. The project proponent has invited tender for steam- based/design, supply, installation, operation and maintenance for 5 MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired Bio-Mass Boiler for Dairy Plant, which is against the action plan made by the Madhya Pradesh Pollution Control Board.
➢ It is alleged that use of briquette, solid fuel if allowed in the middle of the city may lead to having adverse effect on the human health in the city.
➢ A substantial question of environmental rules and compliance of the law and directions are involved in this petition.
E. Factual status Report of the major issues raised in The petition:-
Major Issue raised in the Petition Reply The grievance of the applicant is M/s Bhopal Sahakari Dugdh compliance of the Air (Prevention Sangh Maryadit (Bhopal Dairy and Control of Pollution) Act, 1981 Plant) is Red- Medium Category by respondent no. 6, unit of Bhopal industry as per the Consent to Sahkari Dugdh Sangh Maryadit Operate under section 25 of Water which is in a red category plant Act, 1974 and under section 21 of operating in close proximity of Air Act, 1981 issued by MPPCB ISBT, Rani Kamalapati Railway dated 07.02.2022 which is valid up Station, School, Colleges, Hospital to 31.07.2026. and Residential areas at Habib Ganj and processing the milk Unit has authorization under plant. The project proponent has Hazardous & Other Wastes invited tender for steam- (Management and Transboundary based/design, supply, installation, Movement) Rules, 2016 which is operation and maintenance for 5 valid upto 31.01.2027. MT per hour expendable up to 13 MTPH Solid Multi-Fuel Fired Bio- The unit has done Steam Purchase Mass Boiler for Dairy Plant, which Agreement on 21.03.2023 with 6 is against the action plan made by M/s Subons Solutions LLP, 306, the Madhya Pradesh Pollution Foundation Tower, Sector-11, CBD Control Board. Belapur, Navi Mumbai for supplying steam to dairy plant by doing operation and Maintenance of 10 years solid fuel multi fuel fired Boiler on Built, Own, Operate and Transfer (BOOT) basis to be constructed at the dairy premises which will be owned by the unit but will be subsequently transferred to unit after 10 years.
In this regard, M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to Establish under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 14.07.2023 which is valid upto 30.06.2028 for setting of 5 Ton/Hour Steam Boiler and associated pollution control facility.
M/s Subons Solutions LLP has installed the Boiler of 5 Ton/Hour as observed during the inspection on 15.01.2024. M/s Subons Solutions LLP would start operating the boiler upon obtaining Consent to Operate to be issued by MPPCB.
CCA Compliance Report dated 14.07.2023 submitted to MPPCB is enclosed.
As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied. Therefore, Boiler with adequate air pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board.
7In this regard, joint committee Stack monitoring of the Boiler carried out by MPPCB RO Bhopal and CPCB RD Bhopal for verifying the adequacy of air pollution control devices of the Boiler.
That, the act of Respondent No 6 Directorate of Boilers, Government / BSDSM / PP is clear violation of Madhya Pradesh, Bhopal has of environmental rules by issued Provisional Order under circumventing the liability casted section 9 of Boiler Act, 1923 on upon the PP to the third party. In 01.01.2024 which is valid up to the present case CTE is applied 30.06.2024.
by the Respondent/BSDSM
whereas, third party being As per Bhopal Non attainment City
engaged to install, operate, Action Plan, the installation &
maintain and supply of the operation of air pollution control
steam generated from briquette devices in industries and ensuring
solid fuel with all environment emission standard in industries are
liabilities. Surprisingly, this is to be complied. Therefore, Boiler with
precondition for establishment of adequate air pollution control device
Briquette Bio-mass Boiler to shift is not against the action plan made
the liability in case of any by Madhya Pradesh Pollution Control
untoward incident occur by Board.
operation of solid multi-fuel fired
Bio-mass Boiler in the midst of
human population, Rani
Kamlapati Railway Station, ISBT,
hospitals, School and colleges,
which establishments is within
the radius of 200 meters from the
PP unit. The cause of action
further arouses when RTI
information received on dated
06.10.2023, when copy of Action
Plan for control of Air Pollution in
non-attainment city of MP is
prepared by MPPCB is annexed
and marked.
That, the Respondent No-6/PP As per Bhopal Non attainment City
has deliberately misguided the Action Plan, the installation &
approving authorities about the operation of air pollution control
fact of operation of solid fuel devices in industries and ensuring
Briquette Bio-mass based Boiler emission standard in industries are
for milk processing which is not to be complied. Therefore, Boiler with
under the schedule of Action Plan adequate air pollution control device
made by Respondent/ MPPCB is not against the action plan made
after detailed direction passed by Madhya Pradesh Pollution Control
8
by NGT (PB) New Delhi, in OA Board.
no. 681/2018 dated 08.10.2018
by the authorities with regard to
air pollution Non-Attainment City
in India such as Bhopal. The
action Plan of MPPCB for
controlling air pollution in Bhopal
is to ensure clean-fuel for
commercial purposes, but the
respondent Board while allowing
the same is ignoring to its own
action plan is serious and this
Tribunal can take the cognigence
to this unlawful act in
connivance with the authorities.
That, the applicant has received Unit has 02 boilers each of 3
other information through RTI Ton/Hour steam generation
with regard to Expansion of capacities which are operational by
Consent to Establish ("CTE") LPG. Unit has done agreement with
issued to the Respondent's HPCL for supply of commercial LPG
industry on dated 6thJuly 2023. through cylinder and latest bill of The Site inspection report reveals LPG supply is enclosed.
that on an application by the
project proponent for the Unit has submitted Fly Ash
installation of another Boiler Management Plan which is
based on Bio-Mass based enclosed.
Briquette. The Boiler shall be
installed near the existing As per Bhopal Non attainment City
another Boiler in open available Action Plan, the installation &
space with 30 meters stack operation of air pollution control
height is proposed having devices in industries and ensuring
consumption of Bio-mass emission standard in industries are
5 Metric ton MT) per hour. to be complied.
Although another 1600 kg/per
day consumption of LPG is being Therefore, Boiler with adequate air
used by the project proponent for pollution control device is not against
meeting its existing requirements. the action plan made by Madhya
The sample report at Para-F Pradesh Pollution Control Board.
indicates the use of furnace Oil of
4800 Kgs/month along with LPG
is used for milk processing by the
industry. However, This Tribunal
has already passed an order on
dated 05.07.2016 that use of
furnace oil is impermissible.
Further Bio- mass Ash along with
9
other solid wastes discharged by
the operation of this industry on
account of use of Briquette Bio-
mass Boiler which is as per
agreement the fuel commodity.
Which is not permissible as per
National Clean Air Programme
(NCAP). Copy of CTE issued for
expansion and installation of
Boiler based on solid Bio mass
based briquette is annexed.
That, as per the inspection report Bio-mass fuel may be operated for
conducted by respondent/MPPCB designed boiler with adequate Air
on 06.07.2023 the boiler will use Pollution Control Devices (APCD).
bio-mass of Briquette which will be Air pollution control devices details
consumed at rate of 5 MT enclosed.
Per/hour. The Briquette, according
to Collins dictionary, is a small Measures and implementation for
brick made of compressed Coal arresting/minimizing the
Dust, Saw Dust, Charcoal etc used particulate emission and ash
as Fuel in Boiler for converting
generation management and other
water into steam, which in this
matter, is used as a raw material measures taken by M/s Subons
for the operation. Biomass Solutions LLP as suggested by
briquettes traditionally available MPPCB:
are nothing but compressed 1. Multi cyclone arrangement
stubble of crops. Central pollution having two towers each of dia-
Control Board is also responsible 910 mm, lengh-3000 mm is
for such activities with regard to installed before the Air Pre
air pollution have documented heater.
rules, conditions, reports and 2. Air pre heater (APH) is also guidelines but unfortunately installed to utilize the heat of nothing concrete on the ground. flue gas and also to arrest the dust particles going after the multi cyclone.
3. Primary Bag Filter with 210 bags is installed after the APH to further arrest the dust particles if any after APH. The secondary bag filter is installed for redundancy and is in parallel with 168 bags. In case primary bag filter is in maintenance then secondary is operational.
4. Stack with height of 30 meter is provided by the unit for exhaust 10 of emissions. Stack with Platform, Porthole and Easy ladder is provided for emission monitoring.
5. Ash Management- As per fly ash management plan of the unit, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into the Underground Ash Storage Pit. Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered.
6. Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ Camera is installed to see and record the particulate emission on continuous basis.
That, earlier too in another case Unit has 02 boilers each of 3 titled as Dr. Shailender Kumar Ton/Hour steam generation Modi V/s Bhopal Sahkari Dugdh capacities which are operational by Sangh Maryadit 2 Others OA No LPG. Unit has done agreement with 45/2016 wherein this Tribunal has HPCL for supply of commercial LPG passed a detailed order with through cylinder and latest bill of respect to the use of fuel by the LPG supply is enclosed. respondent unit. This Tribunal has found serious environmental During the inspection on violation of this unit including use 15.01.2024, it was observed by the of furnace oil as fuel found to be joint inspection team that the impermissible. Effluent discharge overflow of the sludge drying beds was also found while course of of the ETP is flowing outside the hearing against this unit. Copy of premises which is a violation of the the order passed on dated Consent to Operate under Water 05.07.2016 by this Tribunal is Act, 1974 issued by MPPCB. The annexed . overflow of sludge drying beds measured as 25.64 litre/minute.
The sample of the discharging 11 effluent has been collected by MPPCB.
MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding the overflow of the sludge drying beds of the ETP is flowing outside the premises. In reference to the notice dated 15/01/2024 of MPPCB, unit vide letter dated 25/01/2024 submitted the reply and informed that the points of notices are complied and photographs are submitted. The committee inspected the compliance on dated 02/02/2024, 12/02/2024 and on dated 29/02/2024 and found that the discharge is stopped and housekeeping is improved.
The sample of the overflow of the sludge drying beds of the ETP is flowing outside the premises has been collected by MPPCB on dated 15/01/2024. Sample analysis report by MPPCB is enclosed.
12S. Parame Analys Limit N. ter is as per Result consent
1. pH 7.42 5.5-9.0
2. Suspe 250 100 nded Solid
3. BOD 120 30
4. COD 871.2 250
5. Oil & 12 10 Grease
6. TDS 800 2100
7. Chlorid 119.96 1000 e Note: All values are in mg/l except pH.
As per report the parameters of SS, BOD, COD, Oil & Grease are not under the limit as per consent.
Flow chart of Effluent Treatment Plant of the unit is enclosed.
That, it's hard to realise the fact As observed during the inspection, that, city of Bhopal has already the plant is a biomass briquettes faced the worst industrial based boiler provided with adequate disaster on the midnight horror of Air Pollution Control Device. 3rd December 1984, when a thin plume of white vapor began streaming from high structure.
Caught by the wind, it became a haze and blew downwards to mingle with smoke coming from somewhere nearer the ground. A dense fog formed, nudged by the wind, it rolled across the road and into alleys on the other side resultantly those within the vicinity woke coughing, their eyes and mouths on fire immediately killing of thousands of people and causing significant morbidity and premature death for many thousands more.
Bhopal has hardly recovered from the world's largest 13 industrial disaster of the century. Thousand resultantly died and more than half a million were injured. In the year since, as more people died of their injuries and illnesses caused by inhaling by the gas. The death toll has risen above 20,000. The principle of Precaution strictly applies to avoid such untoward incidents anymore. Therefore, the instant petition is filed on the strong footing of Precautionary Principle which is envisioned by lawmakers while framing National Green Tribunal Act, 2010.
That, Dust Pollution has become a Bio-mass fuel may be operated for major issue in the City of Bhopal designed boiler with adequate Air and this is constituting for sickness Pollution Control Devices. due to inhaling polluted air. The importance of Clean Air can be Measures and implementation for adjudged from the point of being arresting/minimizing the Fundamental Right under article particulate emission and ash 21 Right to live in a clean and generation management and other healthy Environment. If this is not checked at the right time then measures taken by M/s Subons situation of place like Delhi NCR Solutions LLP as suggested by can be seen particularly during MPPCB: winter season where Air Quality 1. Multi cyclone arrangement Index (AQl) is above 600 ppm having two towers each of dia- spread over entire region. This 910 mm, lengh- 3000 mm is situation is alarming as in Bhopal installed before the Air Pre also AQI is above 250 ppm in the heater. daily records. The recent 2. Air pre heater (APH) is also newspaper articles are annexed for installed to utilize the heat of kind perusal of this tribunal flue gas and also to arrest the whereof rise of AQI and dust particles going after the downwards trend of mercury in multi cyclone. winter is especially dangerous, 3. Primary Bag Filter with 210 impacting the elderly and younger bags is installed after the APH people. The copy of newspapers to further arrest the dust cutting and recent reporting are particles if any after APH. The jointly attached and annexed secondary bag filter is installed for redundancy and is in parallel with 168 bags. In case 14 primary bag filter is in maintenance then secondary is operational.
4. Stack with height of 30 meter is provided by the unit for exhaust of emissions. Stack with Platform, Porthole and Easy ladder is provided for emission monitoring.
5. Ash Management- As per fly ash management plan of the unit, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into the Underground Ash Storage Pit.
Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered.
Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ Camera is installed to see and record the particulate emission on continuous basis.
That, the office of Municipal As per Action Plan submitted by Corporation Bhopal surprisingly MPPCB for Non-attainment city i.e. allowing such activities of the Bhopal, Only LPG is being promoted Respondent no-6, unit whereas, for use in the eateries, restaurants & prohibiting the use of solid fuel domestic purposes of the city. by hotels, restaurants and Industry has to provide adequate Air dhabas. The respondent / BMC Pollution Control Devices for using has recently started issuing bio- mass in the boiler. notices in compliance of OA no.
142/2023 in "Pratik Bhosle Vs. State of Madhya Pradesh" to prohibit using wood/charcoal as fuel by hotels and restaurants in the city area. This expresses the deep concern of the State 15 Government with respect to controlling the Air ambient standard of the Non- attainment City Bhopal. This type of double standard on one hand allowing 5 Metric Tonnes Per Hour of solid fuel by one unit and prohibiting restaurants using small quantity of solid fuel per day. Copy of letter issued by the office of Deputy Commissioner of Bhopal Municipal Corporation for compliance of order in OA no.
142/2023 is attached for kind perusal of this Tribunal.
That, it's pertinent to mention As per Bhopal Non attainment City here that, Central government Action Plan, the installation & launched National Clean Air operation of air pollution control Program (NCAP) as a long term, devices in industries and ensuring time bound national level emission standard in industries are strategy to tackle the air pollution to be complied. Therefore, Boiler with problem across the country in a adequate air pollution control device comprehensive manner with is not against the action plan made targets to achieve 20% to 30% by Madhya Pradesh Pollution Control reduction in particulate matter Board. concentration by 2024 keeping 2017 as a base year for the comparison of the concentration.
Under NCAP, 122 non-
attainment cities have been identified across the country, based on air quality data from 2014-2018. Bhopal, is one of those cities amongst the list of non- attainment cities. The use of Briquette as fuel in the midst of city in such close proximity of Rani Kamlapati Railway Station, ISBT, Hospital, School & College and BHEL & Railway Residential Colony shall have farfetched, adverse impact on citizen, therefore no such activities under operation of boiler-based Briquette fuel should be allowed in the interest of the human 16 Environment. The copy of Press Release of NCAP by Ministry of Urban Affairs is annexed.
That, the NGT (Principal Bench) Action Plan of Non-attainment city New Delhi in case no. OA Bhopal has been prepared by 681/2018, Vide its order dated MPPCB. 08.10.2018, directed all the state and Union territories with non
- attainment cities must prepare appropriate Action Plan within 2 months aimed at bringing the standards of air quality within the prescribed norms within 6 months of the date of finalization of the Action Plan.
The copy of the order passed
by this Tribunal on dated
08.10.2018 is attached for kind
perusal of this Tribunal annexed .
That, the liquid waste is originated MPPCB has issued notice vide dated
from the various section of the 15.01.2024 to M/s Bhopal Dugdh
plants such as bottling plant, Sangh, Dairy Plant regarding the
cheese plant, butter plant, overflow of the sludge drying beds of
condensed milk plant, dried milk the ETP is flowing outside the
plant, and ice cream plant. premises. In reference to the notice
However, it is mandatory condition dated 15/01/2024 of MPPCB, unit
of installation of Effluent treatment vide letter dated 25/01/2024
Plant to treat the waste washed submitted the reply and informed
water up to the standard that the points of notices are
prescribed by State Pollution complied and photographs are
Control Board, Respondent no-2, submitted. The committee inspected
but the respondent unit the compliance on dated
discharging effluents outside the 02/02/2024, 12/02/2024 and on
premises without any proper dated 29/02/2024 and found that
treatment. the discharge is stopped and
housekeeping is improved.
The sample of the overflow of the
sludge drying beds of the ETP is
flowing outside the premises has
been collected by MPPCB. Sample
analysis report by MPPCB is
enclosed.
Sl. Paramet Analysis Limit
17
No. er Result as per
conse
nt
1. pH 7.42 5.5-
9.0
2. Suspe 250 100
nded
3. Solid
4. BOD 120 30
5. COD 871.2 250
6. Oil & 12 10
Grease
Note: All values are in mg/l except
pH.
As per report the parameters of SS,
BOD, COD, Oil & Grease are not
under the limit as per consent.
Flow chart of Effluent Treatment
Plant of the unit is enclosed.
That, in view of the Supreme As per Action Plan submitted by
Court and this Tribunal's various MPPCB for Non-attainment city i.e.
directions and orders passed in Bhopal, Only LPG is being promoted
many cases, shall have no for use in the eateries, restaurants &
fruitful result if such solid domestic purposes of the city.
briquette bio-mass fuel is Industry has to provide adequate Air
allowed to continue having Pollution Control Devices for using
cumulative impact on bio- mass in the boiler.
environment. The action of
respondents, more particularly
the Madhya Pradesh Pollution
Control Board is without
application of mind and without
adhering to the orders and
directions passed in various
judgments and NCAP guidelines
acted and issued CTE to the
respondent Unit is challenged
on the following amongst other
grounds: -
That, the applicant is deeply As per the objective of NCAP it
concern about the city air include all the aspects, including
environment, thereby filing the health, the economy, technological
18
instant case without prejudice advancements, and the feasibility
amongst other grounds which are to implement the suggested
as follows: It is alleged that use of solutions. The Action Plan under
briquette, solid fuel if allowed in NCAP submitted by MPPCB and
the middle of the city may lead to approved by CPCB for Non-
having adverse effect on the attainment city i.e. Bhopal, Only
human health in the city. A LPG is being promoted for use in
substantial question of the eateries, restaurants &
environmental rules and domestic purposes of the city.
compliance of the law and Boiler has provided adequate Air
directions are involved in this Pollution Control Devices for using
petition. bio- mass in the boiler, which will
operate within consented limits as
issued by MPPCB under Air
Prevention and Control
of Pollution Act, 1981.
As per MoEF&CC, Govt. of India
gazette notification dated
16.05.2023, for 2 ton/hour to less
than 10 ton/hour capacity agro-
based boiler, PM emission is
prescribed as 250 mg/NM3. MPPCB
has stringed the limit to 25 mg/ NM3
in its Consent to Establish issued to
the unit.
F. Introduction of Steam Boiler of 5 Ton/Hr Capacity (Based on Bio Briquettes as fuel) :-
A new steam boiler of 5 Ton/Hr capacity based on bio Briquettes as fuel is installed in the premises of by M/s Subons Solutions, Mumbai on M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) by M/s Subons Solution, Mumbai w.r.t. their agreement dated 21.03.2023. M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to Establish for the boiler from MPPCB on 14.07.2023.
A biomass briquette boiler operates on the principle of biomass combustion, where biomass briquettes are burned to generate heat. The combustion process involves the release of energy stored in the briquettes, producing hot gases and ash. The generated heat is then 19 used to produce steam or hot water for various industrial, commercial applications.
• The biomass briquette manufactured in the briquette plant is transported at the boiler place of operation and is stored in briquette storage area. • The biomass briquette is then fed into the furnace by belt conveyor. The belt conveyor takes the briquette to a Silo from where the briquette is slowly pushed in the furnace by screw conveyor.
• The briquette fed into the furnace is then burnt with the help of FD fan and ID fan. The ID fan pulls the hot gases to different water tubes and then finally to chimney.
• Steam is generated in the steam drum. From the steam drum the steam is supplied to the dairy by steam header in between to control and safer operation of the boiler.
• The hot gases pass through the water tubes, steam drum, Multi cyclone, APH (Air Pre Heater), Bag Filter and then finally to air from Chimney of 30 meters. • In between, the heat is recovered by water tubes, steam drum and APH and the particulate matter is arrested by Multi Cyclone, APH, Bag Filter 20 Air Pollution Control Devices installed for Steam Boiler of 5 Ton/Hr Capacity :-
Measures and implementation for arresting/minimizing the particulate emission and ash generation management and other measures as suggested by MPPCB:
1. Multi cyclone is installed before the Air Preheater.
2. Air pre heater (APH) is also installed to utilize the heat of flue gas and also to arrest the dust particles going after the multi cyclone.
3. Bag Filter is installed after the APH to further arrest the dust particles if any after APH. The number of bags in the primary bag filter are 210. The secondary bag filter is installed for redundancy and is in parallel with
168. In case primary bag filter is in maintenance then secondary is operational.
4. Ash Management- As informed, the ash collected in boiler bed, air pre heater, cyclone and bag filter shall be conveyed to Ash Storage Pit which is underground pit where there will be water sprinkle quenching system so that ash is wet all the time. Ash pit has a holding capacity of 7 days of ash generation. The ash will directly go into in the Underground Ash Storage Pit.
Once it is filled, it is lifted and conveyed with the help of pulley and mechanical system for loading on to a trolley. The trolly used for transportation of ash will be fully covered.
5. Online monitoring system is installed to measure the particulate emission on continuous basis. Online PTZ camera is installed to see and record the particulate emission on continuous basis.
6. Blow down water - It is sent to a concrete storage tank for further use in plantation.
7. Softener water - It is taken from dairy.
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The steam generation in the dairy is fluctuating and depends upon the process requirement. When the product is manufactured, then only it requires 3 MT per hour steam, while most of the day the flow rate is below 2 MT per hour or even less. The rate of briquette feeding per hour and steam generation per hour depends upon the consumption of steam by the dairy per hour. The total steam generation in the dairy is around 40 MT per day which converts to 10-12 MT of biomass briquette and 700-900 kg of ash per day. The ash will be handled as per Ash Management Plan submitted by the unit.
Storage and feeding - As informed, the biomass briquette will be stored beside the feeding area and will be covered by tarpoline. A shed will be built for briquette storage. The fuel storage area will be having a storage capacity of 7 days. The biomass briquette will be conveyed by covered belt conveyor which will feed a Silo installed for onward feeding in the boiler furnace with the help of screw conveyor.
Experimental Study cum monitoring of biomass based boiler of M/s Bhopal Sahakari Dugdha Sangh Maryadit (Bhopal Dairy Plant), Habibganj, Tehsil- Hujur, Dist-Bhopal, Madhya Pradesh- 462024:-
The monitoring of emission before Air Pollution Control Devices for actual emission by bio-briquettes and after Air Pollution Control Devices to check emission discharge as per the limit of the boiler as per Consent to Establish. Total 03 monitoring before APCB and after APCD was carried out by the joint team.
Emission Analysis To analyze the emission from boiler, an experimental study was conducted to assess the emissions from burning of Bio-mass Briquettes in the boiler. The port hole for sampling was made in the duct before installed APCD. In the study monitoring was performed for the parameters- particulate matter (PM) and 22 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
gaseous pollutant (NOx, SO2, VOC).
Material and Method The methodology involves three steps. At the start, combustion chamber of the boiler was emptied completely and then blank readings were taken for the designated parameters for background corrections to get the exact value of emissions. The combustion chamber was charged with Bio-mass Briquettes and emissions were monitored for the calculated period of time respectively. A constant air to fuel ratio was maintained in both the cases to ensure complete combustion of fuels.
The emissions from combustion are not constant throughout the burning process and may vary with time. Therefore, to obtain data that cover the entire burning cycle integrated sampling was done. Sampling was done twice during the combustion- at the start of the combustion when desired steam pressure was reached and near the end of the burning cycle.
A typical sampling configuration was used including a sampling probe, a filter holder, a pump and impingers with absorbing media for SO2, NOx. A pre-weighed desiccated glass fiber thimble was used for PM.
Results In this study, monitoring was conducted for PM, SO2, NOx, and VOC, before and after Air Pollution Control Device.
The emission concentration of PM, before APCD ranged between 109.4 to 173.5 mg/NM3 with an average concentration of 140.63 mg/NM3. While, after APCD, PM was calculated as ranged between 15.1 and 16.9 mg/NM3 having an average concentration of 16.23 mg/NM3. Values of PM after APCD are within prescribed limit as per Consent to Establish. Average value of PM before APCD was 140.63 mg/NM3 and it reduced to 16.23 mg/NM3 after APCD. The overall percentage reduction in the particulate matter (PM) before and after APCD in Sample no 1 is 23 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
84.55%, Sample no 2 is 91.29% and Sample no 3 is 87.98%.
SO2 principally originates from the combustion of Sulphur in the fuel source. The emission concentration of SO2 before and after APCD was calculated as below detective limit (BDL).
NOx emissions depend primarily on fuel type and thermal conditions. The emission concentration of NOx before APCD ranged between 88 to 104 mg/NM3 with an average of 96 mg/NM3 and 82 to 98 mg/NM3, after APCD with an average 91.33 mg/NM3 of respectively.
During the monitoring, the feeding rate of bio-mass briquettes was approximate 493 Kg/hour.
The concentration of VOC before and after APCD was calculated as below detective limit (BDL). Stack Monitoring Analysis Report is enclosed.
Stack Monitoring Results Date of Sample taken - 29.02.2024 Before APCD Date and Sample PM (mg/Nm3) SO2 (mg/Nm3) NOx (mg/Nm3) VOC (ppm) 29.02.2023, Sample-1 109.4 BDL 96 BDL 29.02.2023, Sample-2 173.5 BDL 88 BDL 29.02.2023, Sample-3 139.0 BDL 104 BDL After APCD Date and Sample PM (mg/Nm3) SO2 (mg/Nm3) NOx (mg/Nm3) VOC(ppm) 29.02.2023, Sample-1 16.9 BDL 94 BDL 29.02.2023, Sample-2 15.1 BDL 82 BDL 29.02.2023, Sample-3 16.7 BDL 98 BDL Limit as per Consent 25 - - -
to Establish Ambient Air Quality Monitoring Ambient Air Quality Monitoring (AAQM): The Ambient Air Quality Monitoring has been carried out for the following 02 locations during 29-30.02.2024 for PM10, PM2.5, SO2 and NOX and the values are as under permissible limits of 24 hour 24 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
basis except PM2.5 limit Near Garden Area, butter making unit.
Ambient Air Quality Monitoring Date of Sample taken on 29-30.02.2024 Location- Near ETP Area Parameter→ SO2 NO2 PM2.5 PM10 Remarks Concentration 2.0 6.5 46.82 72.98 Clear Range atmosphere Standards as per 80 80 60 100 CPCB (24Hrs. Basis) Note- All values of concentrations are in µg/m3 of air Ambient Air Quality Monitoring Date of Sample taken 29-30.02.2024 Location- Near Garden Area, butter making unit Parameter→ SO2 NO2 PM2.5 PM10 Remarks Concentration 2.0 4.5 67.27 89.36 Clear Range atmosphere Standards as per 80 80 60 100 CPCB (24Hrs. Basis) Note- All values of concentrations are in µg/m3 of air The team conducted ambient air quality monitoring at two locations for 24 hours and fugitive emission monitoring near the boiler plant. Noise monitoring was carried out near plant to measure noise level.
Sample of bio-briquettes is taken for proximate and ultimate analysis. Fly ash sample is taken for organic and elemental analysis.
Fugitive emission monitoring was carried out at the following 01 location on 29.02.2024 and the monitored value is 95.11 g/m3. The detailed analysis report is enclosed .
Fugitive Emission Monitoring Results (Date : 29.02.2024) Locations Monitoring Result (g/m3) Near Biomass Boiler 95.11 Solid Fuel Analysis Proximate & Ultimate Analysis of 'Bio-mass Briquettes':-
Biomass briquettes are a biofuel substitute made of biodegradable 25 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
green waste with lower emissions of greenhouses gases and carbon dioxide then traditional fuel sources.
The report of proximate and ultimate analysis of 'Bio-mass Briquettes' used in Boiler is enclosed.
Proximate analysis, ultimate analysis and calorific value are commonly used to characterize solid biomass fuels. The proximate analysis serves as a simple means for determining the behavior of a solid biomass fuel when it is heated. It determines the contents of moisture, volatile matter, ash and fixed carbon of the fuel. The amount of fixed carbon and volatile matter directly contribute to the heating value of the fuel. Fixed carbon acts as main heat generator during burning while high volatile matter leads to smoky flame and easy ignition of the fuel.
On the other hand, the main purpose of an ultimate analysis is to determine the elemental composition of the solid fuel substance. It deals basically with determination of Carbon, Hydrogen, Nitrogen, Oxygen and Sulfur percentage in the fuel. It is useful in determining the quantity of air required for combustion, the volume and composition of combustion gases. The calorific value of a fuel is a direct measure of the chemical energy stored in the fuel. The calorific value of fuel has dependence on carbon and hydrogen content of the fuel.
The basic energetic parameter characterizing biomass is its calorific value. The Gross Calorific Values (GCV) of the 'Bio-mass Briquettes' is 3790 Kcal/Kg.
Moisture is another important parameter of any biomass fuel. When utilizing biomass as fuel, the high moisture content of the biomass affects strongly the combustion process as well as the heating value such as lowering the flame temperature and/or the boiler efficiency. The low flame temperature could result incomplete combustion and/or other operational problems. Therefore it is a very important parameter, which strongly influences the economies of the utilization of biofuel. Results for moisture content shows that Bio- mass Briquettes has moisture content as 11.61 %.
Ash content is the fraction in biomass that is composed of 26 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
incombustible components remained after a fuel is completely burned. However, the volatile content in fuel is a lesser- known property that depicts the fraction of the fuel that can readily volatilize (turn to gas) when heated to a high temperature. Bio-mass Briquettes contains 6.65 percentage of ash. Volatile matter fraction in Bio-mass Briquettes is 39.48%. Fixed carbon percent has direct relation with High Heating Value (HHV). Bio-mass Briquettes has 53.87% fixed carbon.
Proximate and Ultimate Analysis of Bio Briquette Fuel Date of Sample taken -29.02.2024 S. No. Parameters Analyzed Unit Test Method Results Proximate Analysis 1 Ash % IS 1350 (Part I) 1984 RA 2019 6.65 2 Total Moisture % IS 1350 (Part I) 1984 RA 2019 11.61 3 Inherent Moisture % IS 1350 (Part I) 1984 RA 2019 3.88 4 Fixed Carbon % IS 1350 (Part I) 1984 RA 2019 53.87 3 Volatile matter % IS 1350 (Part I) 1984 RA 2019 39.48 Gross Calorific Value 4 Kcal/ Kg IS 1350 (Part II) 1970 RA 2017 3790 (GCV) 5 Silica SiO2 % LAB/SOP 1.11 Ultimate Analysis 5 Carbon (C) % IS: 1350 (Part-4/Sec-1) 1974 52.34 6 Hydrogen (H) % IS: 1350 (Part-4/Sec-1) 1974 2.48 7 Nitrogen (N) % IS: 1350 (Part-4/Sec-2) 1999 0.67 8 Sulfur (S) % IS: 1350 (Part-3) 1969 0.81 9 Oxygen (O) % IS: 1350 (Part-4/Sec-1) 1974 16.94 Ash Analysis Ash content is the fraction in biomass that is composed of incombustible mineral material. Ash is present in the biomass in the form of certain inorganic compounds like Copper, Zinc, Iron, Manganeze, Nickel etc. The sample for ash of Bio-mass Briquettes was collected from the boiler after complete combustion under controlled conditions. The representative sample of ash was prepared and was analyzed by Central Laboratory, MPPCB. The detailed 27 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
result of elemental parameters analyzed in ash samples is enclosed.
Report of Ash Analysis
(Bio Briquette Fuel)
Date of Sample taken -29.02.2024
Parameters
S. No. Unit Test Method Results
Analysed
Elemental Ash Analysis
1) Iron (Fe) mg/Kg 9723
2) Manganese (Mn) mg/Kg 441
RD
3111 B APHA, 23 Edition,
3) Nickel (Ni) mg/Kg 2017 19.0
4) Copper (Cu) mg/Kg 30.1
5) Zinc (Zn) mg/Kg 58.0
Noise Monitoring Results, Date of Sample taken -29.02.2024 Noise level monitoring carried out in day and night time, 10 meter away from boiler. The results show that noise level is within prescribed limits of industrial area. The report is enclosed.
S. N. Description of Sample Date of Result in dB CPCB Standard of Collection (A) Leq Noise level dB (A) Leq for industrial Area 1 Noise monitoring near 29.02.2024 64 75 10 meter away from boiler Day Time 2 Noise monitoring near 29.02.2024 50.9 70 10 meter away from boiler Night Time Observations of Inspection:-
1. M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) is Red Category industry as per the existing Consent to Operate under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 07.02.2022 which is valid up to 31.07.2026.28
OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
2. Unit has authorization under Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016 which is valid upto 31.01.2027.
3. Unit has 02 boilers each of 5 Ton/Hour steam generation capacities which are operational by LPG. Unit has done agreement with HPCL for supply of commercial LPG through cylinder and latest bill of LPG supply is enclosed.
4. The unit has done Steam Purchase Agreement on 21.03.2023 with M/s Subons Solutions LLP, 306, Foundation Tower, Sector-11, CBD Belapur, Navi Mumbai for supplying steam to dairy plant by doing operation and Maintenance of 10 years solid fuel multi fuel fired Boiler on Built, Own, Operate and Transfer (BOOT) basis to be constructed at the dairy premises which will be owned by the unit but will be subsequently transferred to unit after 10 years. In this regard, M/s Bhopal Sahakari Dugdh Sangh Maryadit (Bhopal Dairy Plant) has obtained Consent to establish under section 25 of Water Act, 1974 and under section 21 of Air Act, 1981 issued by MPPCB dated 14.07.2023 for 5 Ton/Hour Steam Boiler which is valid upto 30.06.2028.
5. Unit has submitted Ash Management Plan which is enclosed.
6. M/s Subons Solutions LLP has installed the Boiler of 5 Ton/Hour as observed during the inspection on 15.01.2024. M/s Subons Solutions LLP would start operating the boiler upon obtaining Consent to operate to be issued by MPPCB. CCA Compliance Report submitted to MPPCB is enclosed.
7. Directorate of Boilers, Government of Madhya Pradesh, Bhopal has issued Provisional Order under section 9 of Boiler Act, 1923 on 01.01.2024 which is valid up to 30.06.2024.
8. As per Bhopal Non attainment City Action Plan, the installation & operation of air pollution control devices in industries and ensuring emission standard in industries are to be complied. Therefore, Boiler with adequate air 29 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
pollution control device is not against the action plan made by Madhya Pradesh Pollution Control Board. In this regard, it is decided by the joint committee that Stack monitoring of the Boiler will be carried out by CPCB and MPPCB for verifying the adequacy of APCD of the Boiler.
9. During the inspection on 15.01.2024, it was observed by the joint inspection team that the overflow of the sludge drying beds of the ETP is flowing outside the premises which is a violation of the Consent to Operate under Water Act, 1974 issued by MPPCB. The overflow of sludge drying beds measured as 25.64 litre/minute. The sample of the discharging effluent has been collected by MPPCB. The sample of the discharging effluent has been collected by MPPCB. MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding overflow of sludge drying beds of ETP from its premises. In reference to the notice dated 15/01/2024 of MPPCB, unit vide letter dated 25/01/2024 submitted the reply and informed that the points of notices are complied and photographs are submitted. The committee inspected the compliance on dated 02/02/2024, 12/02/2024 and on dated 29/02/2024 and found that the discharge is stopped and housekeeping is improved. Flow chart of Effluent Treatment Plant of the unit is enclosed.
10. The sample of the discharging effluent has been collected by MPPCB. Sample analysis report by MPPCB is enclosed. As per report the parameters of SS, BOD, COD, Oil & Grease are not under the limit as per consent.
S. N. Parameter Analysis Result Limit as per consent
1. pH 7.42 5.5-9.0 2. Suspended Solid 250 100 3. BOD 120 30 4. COD 871.12 250 5. Oil & Grease 12 10
6. TDS 800 2100
7. Chloride 119.96 1000 Note: All values are in mg/l except pH.
30OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
11. All the effluent channels were observed open and has solid waste accumulated inside it.
12. Unit has not provided proper Stack height to the DG Set installed in the plant.
13. As per CPCB Final Document on Revised Classification of Industrial Sectors under Red, Orange, Green and White Categories (February 29, 2016), No Red category industries shall normally be permitted in the ecologically fragile area/protected area.
14. As per MoEF&CC Govt. of India, gazette notification dated 16.05.2024, for 2 ton/hour to less than 10 ton/hour capacity agro-based boiler, PM emission is prescribed as 250 mg/NM3. MPPCB has stringed the limit to 25 mg/ NM3 in its Consent to Establish issued to the unit.
15. The unit has obtained permission by Nagar Nigam Bhopal for establishment of Biomass briquettes boiler.
G. Action Taken:-
MPPCB has issued notice vide dated 15.01.2024 to M/s Bhopal Dugdh Sangh, Dairy Plant regarding the overflow of the sludge drying beds of the ETP is flowing outside the premises, improper housekeeping, waste water in drains inside premises and insufficient stack height of DG Set.
H. Recommendation:-
1. An interlocking system should be installed in Boiler for conserving energy, avoiding potential damage, stack emissions and excessive temperature/ pressure.
2. Unit shall build a covered shed to store bio-fuel as raw material.
3. A fire extinguishing facility should be available inside and outside this covered shed and boiler area.
4. Management of fly ash should be done as per the fly ash management plan. Unit shall install water sprinkling system for wetting of fly ash.31
OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
5. Unit shall maintain an emergency management plan as per the provision of the Factory Act, 1948.
6. Unit shall ensure connectivity of CSEMS (Continuous stack emission monitoring system)
7. of Bio briquettes boiler stack with environmental surveillance centre, MPPCB, Bhopal for remote surveillance.
8. Unit shall cover all the open effluent channels leading to ETP and shall dismantle the drain which was observed overflow of sludge drying beds of ETP outside the premises.
9. Unit shall maintain zero liquid discharge condition as per the Consent to Operate issued by MPPCB.
10. Unit shall provide proper stack (exhaust pipe) height attached to DG Set.
11. Unit shall comply with the rules and regulations relating to health and safety aspects of workers and the environment. An audit by an authorized safety auditor should be carried out annually.
12. Plant has to take permission from Central Ground Water Authority for its two bore wells located within the premises. The plant has an agreement with Water Resources Department regarding water extraction of 225 Cum/day which is valid up to 12/05/2026.
13. Madhya Pradesh Pollution Control Board will visit the plant in every 3 month and will keep surveillance on the use of Bio-mass Briquettes in boiler for steam generation.
14. Unit should ensure to comply with all the conditions as mentioned in the Consent to Establish issued by Madhya Pradesh Pollution Control Board."
5. Learned counsel for the applicant has filed the objection and submitted that the conditions of environmental clearance has not been followed and that as per the ash management plan by respondent no. 6 /PP is using landfill of fly ash within the permissible premise which is dairy and food processing industry, in close proximity of Northern Railway Station.
6. The submission of the learned counsel for the respondent no. 6 are that the Applicant is particularly against the Tender floated by the answering Respondent No. 6 for the steam based/design, supply, installation, 32 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
operation and maintenance for 5 MPPH Solid multi fueled fired Bio- mass boiler on built, over, operate and transfer basis for a period of 10 years for dairy plants established by the answering Respondent No.6. Needless to point out that the Tender in question to be challenged before the Tribunal is not a subject matter which can be dealt with the Tribunal but even otherwise, the same is barred by limitation as the Tender was floated on 09.01.2023 whereas, the instant Original Application has been filed in the month of November 2023 thereby any substantial question relating to environment and even a legal right relating to environment cannot be enforced after a passage of 6 months from the date of cause of action when first accrued.
7. It is further submitted that as a matter of fact the bio-mass briquettes are certainly compressed stubble approx and the use of same is fuel towards betterment of the environment and safeguarding the sustainable development which makes the entire case of the Applicant malicious.
8. Further submission of the respondent/PP are as follows :-
i. "That as a matter of fact, in India, biomass briquettes have been increasingly utilized in funeral ceremonies as an eco- friendly alternative to traditional wood-based cremations. These briquettes, typically made from agricultural waste like rice husks or sawdust, offer a sustainable solution by reducing deforestation and carbon emissions associated with wood burning. Additionally, on the contrary their use minimizes air pollution and mitigates the release of harmful chemicals into the atmosphere, thereby preserving environmental health. By opting for biomass briquettes in funeral rituals. communities contribute positively to environmental conservation efforts, aligning with sustainable practices while honoring cultural traditions.
ii. That the alternates to Biomass Briquettes being used In boiler as fuels is using oil as fuel which is in fact a pollutant.33
OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.
So, this in fact is a replacement of that pollutant and it is used because it is considerably low in Greenhouse Gas submissions compared to what oil as a fuel would yield and it is in fact a cleaner fuel and therefore, world over is now being used to replace various fuel which are higher in yield of Greenhouse Gases.
iii. That furthermore, the Applicant in its Original Application contests the validity of the Consent to Establish (CTE) and Consent to Operate (CTO) granted to Respondent No.6, who is currently operating its unit. This challenge transforms the matter into an issue for appeal rather than an appropriate subject for an Original Application. Consequently, the Original Application in question becomes redundant."
9. The submission of the learned counsel for the Municipal Corporation, Bhopal are to the fact that the use of dairy products or bio-mass is a matter to be considered by the Tribunal and in-case the method of energy.
10. Learned counsel for the respondent/PP has further submitted that the tender in question regarding operation of Bio-Mass Briquette Based Steam Boiler was given to M/s. Subons Solutions LLP, who was granted Consent To Establish on 14.07.2023 by Madhya Pradesh Pollution Control Board. Consequently on 19.03.2024, the MPPCB has issued Consent To Operate to the Bio-Mass Briquette Based Steam Boiler after carrying out thorough inspection of the Plant and ensuring that the conditions put forth in Consent To Establish have been duly met out before issuance of Consent To Operate.
11. In the instant case, the upper limits for P.M. were prescribed at 25 microgram per NM3 and as per the Continuous Online Monitoring Data installed at Bio-Mass Briquette Based Steam Boiler, the current level of P.M. is somewhere below microgram per NM. It is crystal clear that the usage of Bio-Mass Briquette Based Steam Boiler is not only extensively 34 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors. environmentally sound, but is also far better than the Gas based boiler.
Most importantly, the emission of SOX & NOX during usage of Bio- Mass Briquette Based Steam Boiler is almost negligible as compared to Gas Based Boiler. It is also highly relevant to point out here that there has been a substantial cost reduction in switching from Gas Based Boiler to Briquette Based Boiler in addition to the reduction of environmental hazardous.
12. The Bio-Mass Briquette is a compressed form of agricultural waste/residue which is Carbon Neutral in comparison to LPG, which produces approximately 1660 grams Of Carbon per Kg. NGT in plethora of matters has shown concerns against Crop Residue Burning and therefore these Bio-Mass Briquettes are highly conducive towards environment and is one of the way towards promoting Green Energy (Carbon Neutral) in open market.
13. It is further submitted that Bio-Mass Ash is totally different from Fly-Ash.
It is more of organic in nature and cannot be compared to Coal Based Fly-Ash. The average production of Bio-Mass Ash is approx. 800 Kgs. Per day and currently, the same is being stored, so that once a reasonable quantity of Bio-Mass Ash is available, the same can be used for Organic Manure and can be supplied to the farmers again. In a way, Bio-Mass Ash is recyclable in nature and one of its kind as the same has no hazardous impact in the environment/soil/ the contractor M/s. Subons Solutions LLP has even procured a Work Order from Bihar Government regarding such conversion of Bio-Mass Ash into Organic Manure, copy of which is annexed along with the written arguments for consideration of the Tribunal.
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14. Further contention of the respondent is that BMC has also issued NOC to the respondent for establishment of bio-mass briquette based steam boiler.
15. During the course of hearing it is admitted fact that the briquette is permitted according to the notification issued by the MoEF&CC.
Accordingly, the Learned Counsel for the Applicant has submitted that since the energy use is permitted energy and more environment friendly thus, there are no violations.
16. In view of the above facts, the report submitted by the Joint Committee there are no violations and thus, no further action is required by this Tribunal.
17. The Original Application No. 177/2023 along with I.A. No. 35/2024 stands disposed of accordingly.
Sheo Kumar Singh, JM Dr. A Senthil Vel, EM 01st August, 2024 O.A No. 177/2023(CZ) PN 36 OA No. 177/2023(CZ) Shayam Mohan Richhariya Vs. State of M.P. & Ors.