National Green Tribunal
National Green Tribunal Southern Zone vs Ministry Of Environment Forest And ... on 5 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.04:
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 dated 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 and Forests and
Climate Change, New Delhi and Others.
.... Respondent(s)
Date of hearing: 05.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s):. Sri. M.R. Gokul Krishnan for R1.
Sri.Mani Gopi for R2 to R5 and R8.
Sri. Kasirajan through
1
M/s. Meena for R7.
Sri. Thirunavukkarasu for R6.
Sri. Jayesh B Dolia through
Smt. Rita Chandrasekar for R9.
ORDER
1. As per order dated 19.05.2020, this Tribunal had constituted a Joint Committee to go into the allegations and submit a factual as well as action taken report and posted the case to today for consideration of report.
2. When the matter came up for hearing today through Video Conference, Sri. M.R. Gokul Krishnan represented 1st respondent, Sri. Mani Gopi represented respondents 2 to 5 and 8, Sri. Kasirajan through M/s. Meena represented 7th respondent, Sri. Thirunavukkarasu represented 6th respondent and Sri. Jayesh B Dolia through Smt. Rita Chandrasekar represented 9th respondent.
3. We have received an Interim report submitted by the Joint Committee which reads as follows:
"Interim Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 19.05.2020 in OA no. 70/2020)
1. Background The Honourable National Green Tribunal, Southern Zone, Chennai, in the matter of OA no. 70 of 2020 directed on 19.05.2020 as;2
"......10. Under such circumstances, we feel it appropriate to appoint a joint committee comprising of a Senior Officer of Ministry of Environment, Forest and Climate Change (MoEF&CC), Regional Office, Chennai, Senior Officer of Central Pollution Control Board, Regional Office, Chennai, Senior Officer of Tamil Nadu Pollution Control Board and District Collector, Thiruvallur to inspect the area in question and submit a factual and action taken report, if there is any violations found especially regarding the compliance of the provisions of Hazardous Waste (Management & Transboundary Movement) Rules, 2016 and whether the machineries are in order and the pollution control mechanism provided are working properly.
11. The committee is also directed to take independent steps instead of relying on the data recorded in the Ambient Air Quality Monitoring Stations by themselves and submit a report regarding the Ambient Air Quality prevailing in that area as well. If there is any deficiency found, due to which environment damage has been caused, then they are directed to assess the environment compensation and also give suggestions and recommendations for remedying the same, so as to avoid such incidents in future.
12. The committee is also directed to ascertain as to whether the emissions standard of ammonia gas inside the plant from the respective machineries is within the permissible 3 limit and whether all safety measures have been taken by them to protect the employees as well who are likely to be exposed to the gas during work inside the factory.
13. The committee is directed to file the report within a period of two months. The committee is at liberty to co-opt any of the agencies in the committee whom they feel necessary for the purpose of preparing the report in an effective manner for this purpose.
14. The committee is also directed to submit a report to this Tribunal before the time mentioned above through e-mail or e-filing at [email protected].
15. The Central Pollution Control Board will be act as nodal agency for co-ordination and for providing all necessary logistics for this purpose, so as to enable them to comply with the direction....."
2. About Committee In accordance to the Hon'ble Tribunal's directions, CPCB, RD(S), Bengaluru communicated the order and requested for nomination from respective departments vide letter no. Tech/39/NGT(SZ)/RDS/2020-21 dated June 01, 2020. Consequent upon the nominations received from respective departments, the Committee constituted with the following members:
1. Sh. M. Malayandi, JCEE, TNPCB, Chennai
2. Sh. R. Rajkumar, Scientist 'D', CPCB, RD (S), Bengaluru
3. Dr. R. Sridhar, Scientist C, RO, MoEF&CC, Chennai
4. Revenue Divisional Officer (North), Chennai (Smt. Lavanya, RDO representing District Collector, Chennai) 4
3. Scope of the committee as per order The following are the scope of the Committee as per Hon'ble tribunal to inspect the area in question and submit a factual and action taken report.
(i) To identify whether any violations found especially regarding the compliance of the provisions of Hazardous Waste (Management & Trans boundary Movement) Rules, 2016 and The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
(ii) To assess whether the machineries are in order and the pollution control mechanism provided are working properly.
(iii) To assess Ambient Air Quality prevailing in that area instead of relying on the data recorded in the CAAQMS
(iv) To assess and identify whether the emissions standard of ammonia gas inside the plant from the respective machineries is within the permissible limit and whether all safety measures have been taken by them to protect the employees as well who are likely to be exposed to the gas during work inside the factory.
(v) To assess the environment compensation, if any environmental damage caused due to deficiency. As well as suggestions and recommendations for remedying the same, so as to avoid such incidents in future.
4. Committee Meeting A preliminary meeting was conducted through online on14.07.2020 at 11.00 AM with the Committee Members 5 and discussed about the scope of committee as per order and trailed by the presentation by M/s MFL on the present status. Other than committee members the following officials were present during the online meeting.
i) Sh. D. Raman, Revenue Divisional Office, Chennai
ii) Sh. U Saravanan, CMD, MFL, Manali
iii) Sh. Harsh Malhotra, Director Technical, MFL, Mumbai
iv) Sh. T VanniaPerumal, DGM-Prodn.& Tech Services, MFL, Manali
v) Dr.Girishkumar, Company Secretory, MFL, Manali M/s. Madras Fertilizer Limited (MFL) was in operation continuously during the COVID 19 Lockdown period as per the directions of Department of Fertilizers to meet out the fertilizers demand of the farmers, since it comes under essential commodities and producing about 1200 TPD of urea.
CMD, MFL has presented the action taken report to the committee about the incident happened 14.05.2020 as well as the compliance status of the direction issued by TNPCB. It was informed that the incident happened during maintenance shutdown of the plant on 14.05.2020 and resumed its operation on 16.06.2020.
The sequences of events presented by MFL are as follows;
4.1 INCIDENT • On 14.05.2020, Cooling Water Pump bearing failure was noticed.
• Urea plant availed shutdown at 19.30 hrs as per normal safe shut down procedure.
6• During safe shutdown, found mild passing in Pressure Safety Valve (PSV) in idle Ammonia Reflux pump discharge and it is isolated.
• The ammonia vapour has been let out to the atmosphere through a closed circuit with proper dilution. Ensured quenching using medium (Condensate & Steam) to dilute the ammonia vapour. This is the usual practice being followed by all the fertilizers companies in India, as per national & international standards in case of line passing.
• Ammonia smell complaint was received over phone on 14.05.2020 at 20.30 hrs from nearby Mathur resident area.
• Immediately MFL officials visited the spot and observed no ammonia smell and the message was conveyed to TNPCB officials.
4.2 PREVENTIVE ACTIONS TAKEN:
• Procurement action taken for cooling water spare pump to avoid recurrence of this incident. • Line modification is planned to reroute all Ammonia vapours from the outlet of PSVs to Ammonia Tank instead vent stack.
4.3 ACTION TAKEN BY TNPCB:
• TNPCB has received an oral complaint from Mr. Rajarajan, Vice President, ManaliMathur Welfare Association against the unit of M/s. Madras Fertilizer Limited, R.S.No.212 to 248, Manali Village, ThiruvottiyurTaluk, Chennai District regarding ammonia odour felt in Mathur and Manali villages and the industry was visited on 15.05.2020.7
• As a routine inspection TNPCB has visited the industry before incident and issued direction on 12.05.2020. After the incident, based on the inspection dated 15.05.2020, TNPCB has issued additional direction to the industry on 20.05.2020.
4.4 Compliance status of the direction presented by the industry:
Sl TNPCB Directions Compliance Status No.
(i) To restart the unit only after The unit has restarted the unit installation of at least two without installation of at least ammonia sensors at the two ammonia sensors at the rear rear end of the unit towards end of the unit towards the the village direction where village direction where complaint complaint received. received.
However it was reported that the unit MFL placed Purchase order.
It was informed that delivery is getting delayed due to COVID 19 pandemic.
(ii) To restart the unit only after Complied.
obtaining approval of It was reported that the Safety updated safety audit report Audit completed and submitted to containing the information the report to DISH (Directorate of specified in schedule-8 from Industrial Safety & Health).
the competent authority
notified in scheduile-5 as
per the rule 10 of the
Manufacture, Storage and
Import of Hazardous
8
Chemical Rules 1989 as
amended.
(iii) The unit shall comply with Compliance details submitted the directions issued vide below.
Proc. Dated 12.05.2020.
1. The unit shall operate and Complied.
maintain the Sewage Treatment The treated sewage Plant (CETP as stated by the unit) samples collected from the components efficiently and STP by the TNPCB in the continuously so as to achieve the past periods are meeting treated sewage standards all the standards prescribed by the Board prescribed by the Board.
consistently and ensure that the treated sewage is completely utilized for gardening within the unit premises without any stagnation.
2. The unit shall provide RO plant for The unit is constructing the entire quantity of trade effluent dedicated RO plant for generated from Cooling Tower as cooling water blow down.
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.
3. The unit shall ensure zero liquid The entire storm water discharge of trade effluent, thereby channels are filled with no discharge of untreated/ treated process leakage water trade effluent on land or into any leading to old lagoon and water bodies either inside or the same shall be outside the premises at any point of collected & pumped to 9 time. ETP.
4. The unit shall connect all EMFMs It is informed that the provided to Care Air Centre, TNPCB output from EMFMs and CPCB available locally but could not be uploaded due to outdated model instruments. Hence latest EMFMs are being procured. (by Dec 2020).
5. The unit shall stop the discharge of It is informed that the underground pipe line leakages underground pipe line (Fire water) into old SEP's (lagoons) leakages were attended. and to plant green belt by planting One acre of land is native & local specific species earmarked in ETP and immediately. 150 saplings were planted as part of Green belt area development.
6. The unit shall replace the furnace It is informed that oil usage with LNG for the boilers of Budgetary offer received. capacity 55T/ Hr each before June Under Tendering process. 2020, as reported. (Expected completion- Apr-
may 2021 annual Turn around)
7. The unit shall apply for renewal of HWA application was authorisation under the provisions submitted after uploading of Hazardous & Other Wastes the latest RCO. But it was (Management, &Trans boundary returned to install the new Movement) Rules 2016. display board at gate.
New display board
installed and kept at the
outer gate.
10
HWA application
resubmitted on
13.07.2020.
8. In order to prevent the formation The unit has ensured to and accumulation of toxic gases comply. inside the tanks and to prevent the occurrence of fatal accidents, while cleaning the tanks, adequate ventilation arrangements should be provided in all the concealed tanks located both above and below ground level which are meant for storing/ holding the effluents, rejects, sludge, permeate water and raw water etc.,. The sludge accumulated in the ETP components should be cleaned mechanically only and manual cleaning of the sludge should not be carried out under any circumstances.
9. The unit shall obtain & furnish Complied.
certificate of stability from the The unit has obtained competent authority as notified in certificate of stability from sub rule (3) of Rule 12 B of the the competent person as Tamil Nadu Factories Rules, 1950 authorized by DISH as for the pollution abatement notified in sub rule (3) of measures provided in the unit. Rule B of the Tamil Nadu Factories Rules, 1950 vide dated 31.01.2020 for three years.
10. The unit shall complete the target of Action taken details are 11 short term and long term Action furnished below. plan in CEPI area as committed by the unit without fail.
SHORT TERM ACTION PLAN:
Completion Present Status of
Action Plan
Target Compliance
Feed Stock Conversion from August, Completed
Naphtha to LNG which will 2019
reduce Energy consumption of
Ammonia and Urea plants.
110T/hr ATA and Process August, Completed
Condensate boiler fuel change 2019
from Furnace Oil to LNG.
Construction of a sump to December Construction of a sump
recover all the water let out into 2019 completed but the unit
the gutter which will be pumped has not made
to the Cooling Water Blow down arrangements to collect &
Treatment Plant where it will be treat the process area
treated and used for Cooling underground leakages in
Water makeup. the Cooling Water Blow
down Treatment Plant as
reported.
Dedicated RO to treat Cooling June 30, On progress
Water Blow down Plant Outlet. 2020
12
LONG TERM ACTION PLAN:
Completion Present Status of
Action Plan
Target Compliance
Increasing Green Belt 1 acre to be On progress
area. brought under
Green belt every
year.
Change of Fuel from July 31, 2020. On progress Furnace Oil to RLNG for Boiler 1 and 2 (55T/hr each)
11. The unit shall continue to develop It was informed that green belt by identifying land already One acre of land through Revenue Department and is earmarked inside MFL always the native species shall be in ETP and 150 saplings planted. were planted as part of Green belt area development. One acre/Year will be earmarked and new trees will be planted accordingly.
12. The unit shall undertake CSR It was reported that the activities with priority to provide unit is doing CSR drinking water facility, Computer activities regularly.
facilities and adequate toilet
facilities in Girls Schools and
Colleges to encourage Women
Education especially in rural and semi-urban areas.
1313. The unit shall provide Reverse It was informed that due plastic vending machines in to COVID-19 the prominent public places so as to procurement is delayed collect waste plastic bottles so as to and will be completed the achieve the target of banning one job before Dec 2020. time use and throw plastics in Tamilnadu and encourage recycling options.
14. The unit shall operate and The ROA of AAQ (8 maintain the existing air pollution stations) and Stack control measures provided to the Emissions(6 emission sources efficiently and sources)monitoring survey continuously so as to achieve the conducted by the Board Ambient Air Quality/ Stack Lab on 04.03.2020 & Emission standards prescribed by 05.03.2020 reveals that the Board. the parameters are well within the standards prescribed by the Board.
15. The unit shall ensure that the The unit has to rectify the online stack sensors provided for defects of ammonia the parameters NH3 in urea prill analyser in the Prill tower tower and HF & PM in NPK train and yet to connect the HF Care calibrated regularly & & PM analyser of NPK operated and ensure that the train C to Care Air Centre, output of the sensors are connected TNPCB and CPCB server. to TNPCB & CPCB server at all As well as ensure NH3 times. analyser connectivity to the servers.
16. The unit shall re-commission the • HF & PM analyzer NPK train A &Bonly after already installed in installation of HF& PM online stack NPK C Train.
sensors in the stack attached to • For NPK A Train,
14
each train. tendering is in
progress. (expected
completion- Jan 2021)
• It was informed that
Train B completely will
not be used in
production line.
17. The unit shall install PM analyser • For process
for the common stack attached with condensate boiler,
process condensate boiler 70T/hr& 70T/hr& 110T/hr
110T/hr boiler and PM, SOx&NOx boiler - PM analyser
analyser for the common stack PO issued &
attached with boilers 1 & 2 (55T/hr Equipment is under
each) as reported. transit. (expected
completion- Aug 2020)
• For boiler 1 & 2
tender floated &
Technical evaluation in
progress.(expected
completion- Nov 2020)
18. The unit shall install 11 nos. of new It is informed that MFL ammonia sensors in the ambient placed Purchase order air on or before June 2020 as and delivery is getting reported as the existing 10 delayed due to Covid 19 ammonia sensors were not pandemic. But however functioning since, 2016 due to necessary steps being Vardha Cyclone. taken up to complete the job at the earliest.
19. The unit shall restore the CAAQMS • Out of 5 CAAQM station with the sensor parameters stations, such as PM10, PM2.5, SOx, NOx, • North gate station is CO, NH3 & O3 as the one station working well and 15 near North gate is in operation and connected to Care Air connected to CAC, Chennai and the Centre. remaining four stations were not in • ETP station partially operation since, 2016 due to restored and Vardha Cyclone. connected to Care Air Centre.
• For Remaining 3
stations, tender
floated.(Expected
completion- Jan 2021)
20. The unit shall rectify the roof It was reported that the defects in the temporary defects have been Hazardous Waste storage shed for rectified. the proper storage of hazardous waste till its disposal.
4.4 SAFETY AUDIT RECOMMENDATIONS:
Safety audit by an expert audit team was conducted for the M/s Madras Fertilizers Limited, Manali plant as per the IS: 14489 - 1998 standard guide lines and meeting with the requirements narrated in Manufacture, Storage, and Import of Hazardous Chemicals rules, 1989, Schedule
-8 Audit team
1. Mr. R. Jayakumar- B.E (Chemical), Honorary Chief technical consultant, Shiv Tech, Chennai.
2. Mr. V. Chandra Mohan - Safety Auditor, Fire & Safety expert.
Audit Coordinators from MFL
1. Mr. T. VanniaPerumal - DGM -Production and Technical services.16
2. Mr. A. Selvamurugan - DGM - Maintenance department.
3. Mr. M. Ravi - In charge Fire and Safety department.
The expert audit team recommends the following for proper implementation
1. Periodic review and updating of plant level operating procedures are to be carried out at required frequencies and also carryout "Process Hazard analysis" Studies whenever there is a change of product, process, equipment or system in the plant. After PHA studies relevant operating procedures to be updated.
2. Whenever there is a change of product , process, equipment or system in the plant Layout and process diagrams are to be amended with statutory authorities
3. A "Legal Calendar" for the plant level should be maintained which will help the plant management to review the legal compliance levels and also trigger legal compliance initiatives on time.
4. As a standard operating procedure for the hazardous storage areas of the plant, the dyke calculations should be reviewed and maintained for containment as per standards. All the dyke walls and internal floor areas should be properly sealed and maintained without any damages and openings. Also the dyke internal drainage system should be always maintained in closed condition.
5. Currently, Isolation valves are used for isolating the parts of equipment and systems which are not in use due to system up gradation and in isolated for maintenance work. They are liable to leak. Therefore, pipe lines and systems should be removed and open ends should be fitted suitable spectacle blind 17 arrangements. Example unused Naphtha storage tanks and Phosphoric acid storage tank in port etc.
6. Damaged buildings, damaged roof with erosion and corrosion of pipe lines and support structures and elevated platforms can result in serious accidents and cateroscopic failures. To ensure safety suitable isolation should be provided till they are rectified or removed from service.
7. In order to identify the pipelines and reducing the chances of error the standard colour codes may be followed. The colour code charts indicating the colour and the content may also be displayed at prominent places
8. A " Digital indicator with alarm " for any hydro carbon, hydrogen, Ammonia and other toxic gas release should be provided to indicate the HF concentration of the gas releases at the Critical process plant and storage areas
9. There are some parts in the plant operating system which may undergo fast deterioration, may fail and get damaged unexpectedly due to slippages in preventive maintenance schedules and due to various process deviations
10. It is therefore, recommended for a "FMEA study " by the maintenance experts and also to develop a planned maintenance schedules and control plan for plant level and the identified critical Equipments as per the study,
11. Work permit system procedures and format has to be revisited to ensure effective involvement of plant Safety officer in ensuring compliance to procedures.
12. Plant is not equipped with adequate numbers of first aid trained ERT members trained by St.Johns ambulance and also adequate number of first aid 18 boxes are unavailable in the plant areas as per standards
13. The fire pumps and system should be maintained in "Auto Mode" and the ring main should be maintained at the designed pressure. The system should have all the field emergency fire fighting gear like hose box stations, hoses and branch pipes near the hydrant outlets.
14. The boundary wall available in the territorial treatment plant is lower than the external ground level and is not meeting the intended purpose. Needs suitable rectification.
15. The plant level power distribution transformers available in the individual process plants are not maintained in closed condition and display of mandatory signages as per the IEC standards are missing.
16. Lightning protection equipment survey has to be conducted to ensure that all the hazardous process areas and the hazardous storage areas of the plant are adequately covered as per standards.
17. In general, display of mandatory warning and safety signage's plant wide can be improved to meet the standard requirements.
18. Roof water spray systems as per standards are recommended for the ammonia storage tanks and for chlorine storage areas.
19. Safe assembly points are to be located in open areas of the plants (Currently they are designated in closed rooms) and suitable route map and signage boards are to be displayed in critical locations of the plant.
20. Overall evacuation mock drill should be conducted for the plant at least once in a year with probable 19 emergency scenarios making plant employees and contractors familiar with the emergency procedures.
21. Plant wide housekeeping and disposal of scrapped items is to be planned.
At the end of presentation, the Committee discussed in detail about the further work to be carried out as per scope and decided to engage IIT, Chennai to carry out the work. Due to current COVID 19 pandemic situation and restriction on inter-state travel and compulsory quarantine, the Committee Member from CPCB, Bengaluru could not able to participate to carry out monitoring/sampling. So it is decided to carry out the onsite field visit after situation gets normalcy.
Upon request of Committee members, the CMD-MFL agreed to bear the entire cost of the study to be carried out through IIT, Chennai. Subsequently, work is awarded to Dr. Madhavkumar, Associate Professor, EWRE Division, Department of Civil Engineering, and Indian Institute of Technology Madras to carry out the work as per the scope. Tentatively it is planned to start the monitoring work from first week of August 2020.
5. Suggestion:
1) The industry shall take necessary steps to comply with the directions issued by TNPCB in a time bound manner without further delay.
2) The industry shall take necessary steps for the compliance of the recommendations given in the safety audit report.
6. Submission for extension of time 20 It is to inform CPCB RD Chennai office is functioning from Bengaluru due to current pandemic situation. Since the committee member (CPCB-Nodal Agency) is outside of Tamil Nadu state and Government of Tamil Nadu & Karnataka has restricted inter-state travel and enforced quarantine for travellers, so the committee decided to carry out field visit after normalcy resumes.
IIT, Chennai requested three months-time to complete the study as per scope of the Hon'ble NGT directions.
In view of the above facts, the Hon'ble Tribunal is requested to grant another four months time to the joint committee to submit the final report."
4. It is seen from the report that Indian Institute of Technology (IIT), Chennai requires three months time to complete the study and so they wanted three months time to submit the report. Smt. Rita Chandrasekar also submitted that some suggestions have been made for improving the system for which they have entrusted Indian Institute of Technology (IIT), Chennai to give their suggestions, so as to enable them for implementing the same in the unit.
5. So considering the circumstances, we feel it appropriate to grant three months time to the committee to submit the report.
6. The committee is directed to submit the report to this Tribunal within a period of three months i.e., on or before 25.11.2020 by e-
filing.
217. The Central Pollution Control Board is directed to serve a copy of the Interim report to the counsel for the 9th respondent as well as the other respondents.
8. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction.
9. For consideration of further report, post on 25.11.2020.
...................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Shri. Saibal Dasgupta) O.A. No.70/2020 05th August 2020. Sr. 22