National Green Tribunal
National Green Tribunal Southern Zone vs Ministry Of Environment Forest And ... on 9 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.15:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 70 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
The New Indian Express, Chennai Edition
Dt. 16.05.2020, "Ammonia leak from Madras Fertilizers
Limited worries residents in Chennai's Manali"
...Applicant(s)
Versus
Union of India
Rep. by its Secretary,
Ministry of Environment, Forests & Climate Change
New Delhi and Ors.
...Respondent(s)
Date of hearing: 09.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shanmughanathan for R2 to R5 & R8
[1]
Mr. Thirunavukarasu for R6
Mr. Sai Sathya Jith for R7
Mr. Jayesh B. Dolia for R9
ORDER
1. As per order dated 08.07.2021, this Tribunal had considered the revised and updated compliance status report dated 30.06.2021 which was extracted in para 4 of the order and passed the following order:
5. They also mentioned that further steps were taken and they will be able to complete the same soon. They also filed an application for authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 before the Tamil Nadu Pollution Control Board and that is pending.
6. The counsel appearing for the Central Pollution Control Board (CPCB) as well as the Tamil Nadu Pollution Control Board (TNPCB) wanted some more time to file their respective reports to this Tribunal as directed.
7. The 9th respondent as well as the committee and the State Pollution Control Board are directed to file their further progress cum compliance cum action taken report to this Tribunal on or before 25.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. In the mean time, the State Pollution Control Board is also directed to submit a status of resubmission of application for authorization submitted by the 9th respondent as well.
9. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board and also to the 9th respondent by e-mail immediately so as to enable them to comply with the direction.
The case was then posted to 25.08.2021 for consideration of further report.
On 25.08.2021, it was adjourned to today by notification.
2. The Joint Committee filed their status report dated 23.08.2021, e-filed on 24.08.2021 which reads as follows:
Compliance Status Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 11.06.2021 in OA no. 70/2020) [2]
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA No. 70 of 2020 directed on 11.06.201 as;
"...The joint committee and the Tamil Nadu Pollution Control Board are directed to submit a further compliance report and action taken report respectively to this Tribunal on or before 08.07.2021 by e-filing..."
Due to COVID 19 pandemic situation, joint committee requested one-month time for filing the compliance report. Thereafter, the case got reposted to 25.08.2021. In compliance to the Hon'ble Tribunal order, a joint committee meeting followed by inspection carried out on 13.08.2021. The compliance status of the following points suggested in the joint committee report were discussed;
2. AAQ Survey & Source Emission Monitoring;
In the matter of OA no. 256/2020, Hon'ble NGT (SZ), Chennai directed six industries in Manali area to verify the compliance of AAQ as well as source emission, in which M/s MFL is one of the industry, where monitoring was carried out during 29.03.2021 to 31.03.2021. The analysis result shows that source emission of utility boiler and AAQ are meeting the prescribed standards.
The measured PM, NO2 & SO2 emission measured from utility boiler stack are 36.4 mg/Nm3, 14 mg/Nm3, & 293 mg/Nm3 respectively. In Ambient Air Quality monitoring eight sampling locations were identified to assess the GLC of point source emission of Gaseous and Particulate matter. The sampling locations are NNE Side of the Plant, NW Side of the Plant, WSW Side of the Plant, ENE Side of the Plant, SE Side of the Plant, SSW Side of the Plant, Near Main Gate (Road Side) and Beside Road Towards Moolakadai (Road Side).
Sulphur Dioxide as SO2: Ambient Air Quality measurement values of SO2 are ranging from 8.7 to 12.1μg/m3. Highest value of 12.1μg/m3 is obtained, which is within the NAAQM standards.
Nitrogen Dioxide as NO2: Ambient Air Quality values of NO2 are ranging from 11.9 to 17.7μg/m3. Highest value of 17.7μg/m3 is obtained, which is within the NAAQM standards. Particulate Matter (PM10): Ambient Air Quality values of PM10 are ranging from 56.9 to 87.3μg/m3. Highest value of 87.3μg/m3 is obtained and however the values are within the NAAQM standards.
Particulate Matter (PM2.5): Ambient Air Quality values of PM2.5 are ranging from 28.5 to 44.4μg/m3. Highest value of 44.4μg/m3 is obtained, which is within the NAAQM standards. Ammonia (NH3): Ambient Air Quality values of NH3 are ranging from 21.4 to 33.5μg/m3. Highest value of 33.5μg/m3 is obtained, which is within the NAAQM standards.
3. Compliance Status of the directions issued by TNPCB; a. The unit shall provide RO plant for the entire quantity of trade effluent generated from Cooling Tower as Cooling Water Blow down (4800KLD), Boiler Blow down (30KLD) and DM plant regeneration (300KLD) as reported which is one of the CEPI long term action plan. (Target: January 2021) Yet to comply: Installation work of RO system under progress. The industry is having three RO system for treatment of secondary treated sewage procured from Kodungaiyur STP. At present, the industry is partially procuring TTRO water from Kodungaiyur STP, so one RO system (line A) is in standby, this line A is presently used to treat above said wastewater generated from the industry until commencement of new dedicated RO system. The industry committed to comply by December 2021.
b. The unit shall connect all EMFMs provided to Care Air Centre, TNPCB and CPCB (Target: January 2021) Yet to Comply. The industry committed to comply by December 2021.
[3]c. The unit shall replace the furnace oil usage with LNG for the two utility boilers of capacities 55 T/ Hr each to reduce the emissions. (Target: June 2021) Yet to Comply. The industry committed to comply by February 2021. d. The unit shall restore the CAAQMS station with the sensor parameters such as PM10, PM2.5, SOx, NOx, CO, NH3& O3 as the one station near North gate is in operation and connected to CAC, Chennai and another station near ETP is in partial operation. The remaining stations were not in operation since, 2016 due to Vardha Cyclone. (Target:
March 2021) Complied, but yet to establish online connectivity to TNPCB/ CPCB server. The industry committed to complete connectivity by August 2021.
4. The following recommendations are suggested by the committee for not complying with AAQ Standards and exceeding the discharge norms of source emission from utility boiler
i) On-line monitoring at critical emission points shall be installed to provide information about the effect of malfunctions in the process and consequently the process conditions can be corrected.
Partially Complied. Installation of CEMS analyzer in 110 ATA PCB common stack is completed. In Boiler 1 & 2 common stack yet to complete. The industry committed to complete by August 2021.
ii) Proper fuel to air combustion ratio should be maintained to keep down the NOx generation in the boiler.
Complied.
iii) All liquid wastes (water in the gutter) should be properly treated and recycled into the process, so that stripping of ammonia from the process water can be minimized. Complied.
iv) The unit has provided collection tank for process water spillage/ seepage and informed, the collected water is taken back for treatment. But during inspection, it is observed that the spillage water is collected through the storm water drain, so the unit shall provide separate drains for spillage & storm water.
Yet to comply. The unit is not collected the spillage/seepage flowing through storm water drain, though the unit has provided collection tank. The unit is disposing the spillage/seepage on land for open percolation. The unit is yet to provide pipeline for conveying the same for treatment and recycling.
v) The unit must take continuous effort on monitoring the plant and carrying out periodical inspection of the valves, gaskets, and pipelines of the ammonia and urea plant to avoid ammonia leakages in the plant.
Complied.
vi) The unit shall revamp the plant equipment and re-design the process to abate the pollution problem.
Yet to comply.
vii) As the unit's NPK fertilizer manufacturing buildings and utilities including pipelines are in dilapidated condition and requires complete revamping. Yet to comply.
viii) The unit shall obtain authorization under the provisions of Hazardous & Other Wastes (Management, &Trans boundary Movement) Rules 2016. Yet to Comply. The industry has re-submitted application to TNPCB on 07.07.2021.
ix) It was informed that validity of HW Authorization expired on 23.11.2014, since then the spent catalyst generated is stored in the unit premises. The unit shall take necessary action for disposal of spent catalyst.
[4]The unit started disposing to HW to authorised recycler and status of quantity waste generated, disposed & stored are given below Category Opening Disposed Opening Generation Disposed Balance balance till March balance from April till June as on June April 2021 2021 April 2021 to June 2021 2021 2021 Used/ Nil Nil 3.0 Waste oil
a) Lubricating 20 40.26 40.26 oil
b) Residue 3.0 3.0 Nil containing oil Spent 166.77 61.60 105.17 Nil Nil 105.17 Catalyst PVC Empty 350 Nil 769 231 Nil 1000 chemical drums
x) The hazardous waste facility should be provided with leak/spill management systems to avoid any accidents that may occur due to spillage. Complied.
xi) The spacing between the containers can be increased as per the provision given by CPCB.
Complied.
xii) Additional shed can be constructed to store the hazardous waste containers and spent catalyst accumulated in the hazardous waste shed so that storage of these wastes in open space can be avoided.
Complied.
xiii) The waste containers must also be named along with the characteristics of the hazardous waste stored so that the safety protocols can be followed accordingly during transportation and handling of the waste.
Complied.
5. TNPCB to impose the environmental compensation of Rs 37,35,000/- calculated by the committee for 83 days (till 17.11.2020) and thereon, each day Rs 45,000/- until fully compliance of emission norms/ closure direction. TNPCB shall be directed to impose the above stated environmental compensation on M/s MFL, Manali.
Out of 17 suggestions given in the committee report, 9 works has been complied, 3 works is under progress and remaining 5 works are at initial stage. It is informed by the industry that due to COVID-19 situation delay in the work progress. In view of the above, it is prayed by the joint committee that TNPCB shall periodically review the industry to the comply the recommendations at the earliest and the industry shall be directed to remit the compensation.
3. 9th respondent also filed status report dated 08.09.2021 which reads as follows:
[5]Compliance Status Report of Madras Fertilizers Limited (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order in OA no.70/2020) As per Joint Committee report dt 23.08.2021 submitted to NGT, out of 17 suggestions 9 works has been complied. 6 works are under progress and the remaining 2 works are at initial stage.
In this regard our clarifications are given below:
3 Compliance Status of the directions issued by TNPCB;
Item Directives per TNPCB Status as per Joint MFL reply as on Sep 01, No. Committee report dt 2021 23.08.2021 submitted to NGT a The unit shall provide Yet to comply: Installation As one of the existing RO RO plant for the entire work of RO system under stream is dedicated for quantity of trade progress. The industry is treating CW B/D and is in effluent generated having three RO systems for service, it is to be from Cooling Tower as treatment of secondary considered as complied. Cooling Water Blow treated sewage procured down (4800KLD), from Kodungaiyur STP. At New plant installation is in Boiler Blow down present, the industry is progress and will be (30KLD) and DM plant partially procuring TTRO completed on Dec 2021.
regeneration (300KLD) water from Kodungaiyur
as reported which is STP, so one RO system (line
one of the CEPI long A) is in standby, this line A
term action is presently used to treat
plan.(Target: January above said wastewater
2021) generated from the industry
until commencement of new
dedicated RO system. The
industry committed to
comply by December 2021.
b The unit shall connect Yet to Comply. Vendor finalised, Expected
all EMFMs provided to The industry committed to completion by Dec 2021.
Care Air Centre, comply by December 2021.
TNPCB and
CPCB(Target: January
2021)
c The unit shall replace Yet to Comply. The Award of Contract has been
the furnace oil usage industry committed to issued on June 16, 2021 to
with LNG for the two comply by February 2022. M/s Thermax, Pune.
utility boilers of Material supply and
capacities 55 T/ Hr Installation period is 8
each to reduce the months. Hence, the entire
emissions.(Target: process will be completed
June 2021) by Feb 2022.
[6]
d The unit shall restore Complied, but yet to Complied.
the CAAQMS station establish online connectivity Connectivity made to
with the sensor with TNPCB/ CPCB server. TNPCB/CPCB server on
parameters such as The industry committed to 01.09.2021.
PM10, PM2.5, SOx, complete connectivity by
NOx, CO, NH3& O3as August 2021.
the one station near
North gate is in
operation and
connected to CAC,
Chennai and another
station near ETP is in
partial operation. The
remaining stations
were not in operation
since, 2016 due to
Vardha
Cyclone.(Target:
March 2021)
4. The following recommendations are suggested by the committee for not complying with AAQ Standards and exceeding the discharge norms of source emission from utility boiler Committee Directives complied as per JC report:
ii) Proper fuel to air combustion ratio should be maintained to keep down the NOx generation in the boiler.
iii) All liquid wastes (water in the gutter) should be properly treated and recycled into the process, so that stripping of ammonia from the process water can be minimized.
v) The unit must take continuous effort on monitoring the plant and carrying out periodical inspection of the valves, gaskets, and pipelines of the ammonia and urea plant to avoid ammonia leakages in the plant.
x) The hazardous waste facility should be provided with leak/spill management systems to avoid any accidents that may occur due to spillage.
xi) The spacing between the containers can be increased as per the provision given by CPCB.
xii) Additional shed can be constructed to store the hazardous waste containers and spent catalyst accumulated in the hazardous waste shed so that storage of these wastes in open space can be avoided.
xiii) The waste containers must also be named along with the characteristics of the hazardous waste stored so that the safety protocols [7] can be followed accordingly during transportation and handling of the waste.
Status of directives in progress:
Item Directives per Status as per Joint Status per MFL as on Sep No. Committee Committee report dt 1, 2021 23.08.2021 submitted to NGT i On-line monitoring at Partially Complied. Complied.
critical emission points Installation of CEMS shall be installed to analyser in 110 ATA PCB Boiler 1 & 2 common stack provide information common stack is CEMS installed on Aug 18, about the effect of completed. In Boiler 1 & 2 2021 (Annexure 1).
malfunctions in the common stack yet to
process and complete. The industry
consequently the committed to complete by
process conditions can August 2021.
be corrected.
iv The unit has provided Yet to comply. The unit is Complied. Separate line has
collection tank for not collected the been provided to recover
process water spillage/ spillage/seepage flowing leaky process water and
seepage and informed, through storm water already submitted the proof
the collected water is drain, though the unit has for the same (Annexure 2).
taken back for provided collection tank.
treatment. But during The unit is disposing the Water spillage collected in a
inspection, it is spillage/seepage on land sump thru a storm water
observed that the for open percolation. The drain is being pumped back
spillage water is unit is yet to provide to CW BD plant thru a
collected through the pipeline for conveying the separate line and no water is
storm water drain, so the same for being disposed to land.
unit shall provide separate treatment and
drains for spillage & storm recycling.
water.
vi The unit shall revamp the Yet to comply. Revamp study project has
plant equipment and re- been awarded to the
design the process to process licensor M/s
abate the pollution Haldor Topsoe and waiting
problem. for the final report.
[8]
vii As the unit's NPK Yet to comply. Already study has been
fertilizer manufacturing carried out by M/s PDIL for
buildings and utilities Rehabilitation of NPK plant
including pipelines are in structures. Structure
dilapidated condition and strengthening is being
requires complete carried out in a phased
manner.
revamping.
viii The unit shall obtain Yet to Comply. The Complied.
authorization under the industry has re-submitted Already we have submitted provisions of Hazardous application to TNPCB on the application to TNPCB & Other Wastes 07.07.2021.
for approval. In TNPCB (Management, & Trans report dt 25.08.2021 Sl No. boundary Movement) 6 (g) Rules 2016.
submitted to NGT, it is mentioned as complied.
ix The unit shall take It was informed that Order was placed for the necessary action for validity of HW disposal of all the spent disposal of spent catalyst. Authorization expired on catalyst thru TNPCB 23.11.2014, since then the authorised recyclers spent catalyst generated is on 03.02.2021.
stored in the unit premises. The unit shall Spent catalyst disposed take necessary action for details:
disposal of spent catalyst. Spent Catalyst Available:
166.77 MT Spent Catalyst disposed :
61.60 MT Remaining Quantity at site : 105.17MT The remaining quantity also will be disposed in the same manner at the earliest.[9]
Directives/ Directives/ Total no of directives suggestions by suggestions by /suggestions TNPCB Joint Committee Total no of directives 4 13 17 / suggestions Completed 2 10 12 Order placed and in 2 3 5 progress We summarise that majority of the directives have been completed in spite of Covid-19 pandemic situation and order has been placed for the rest of the items.
Ambient Air quality norms complied: The joint committee constituted by Hon'ble NGT in the OA 256/2000 (South Zone) conducted AAQ survey & source emission monitoring at MFL during 29.03.2021 to 31.03.2021 and the analysed result has shown that source emission of Utility Boiler and AAQ are meeting the prescribed standards.
CSR Activities: In spite of huge financial crisis, MFL has done many CSR activities to the tune of Rs. 26.56 lacs during the year 2017 -20 and Rs. 9.95 lacs during 2020-21. Recently we have installed Medical Oxygen plant @ a cost of Rs. 40 lacs at Stanley Government Hospital, Chennai to save the people from Covid-19 pandemic situation.
Feed stock and Boiler Fuel conversion to Natural Gas: It is noteworthy to mention that we have converted Ammonia plant feedstock from Naphtha to Natural Gas and 2nos F.O fired boilers to Natural gas fired during the year 2019 thereby reducing CO 2, Sox, NOx and particulate matter emissions. Also, award of contract has been issued to M/s Thermax for converting one of the Utility Boiler fuel firing from fuel oil to Natural gas.
All the above projects have been carried out with huge investment to reduce the environment impact. MFL will continue to take many more initiatives and system improvement to protect the environment.
Considering the above compliance of emission norms, CSR activities & environmental care taken by MFL, Hon'ble NGT may consider our case sympathetically and waive the Environmental compensation likely to be imposed on MFL as we are striving hard to come out of the financial crisis. Also, give us sufficient time to complete all the activities as some of the directives like Revamp study may require longer duration, being a project.
[10]4. Learned Counsel appearing for the 9th respondent submitted that Mr. R. Sankarnaranan, Learned Additional Solicitor General of India is appearing for the 9th respondent and he has got some inconvenience today and he wants some accommodation. Learned Counsel appearing for Pollution Control Board also submitted that they have inspected the area and if some time is granted, they may be able to file the further action taken report in this regard. Considering these aspects, we feel that some accommodation can be granted.
5. For consideration of compliance report and further action taken report to be filed, post on 21.09.2021.
..................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 70/2020(SZ) 9th September , 2021. (AM) [11]