National Green Tribunal
Anil Pratap Singh vs Ministry Of Environment Forest And ... on 29 November, 2022
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 19/2022 (CZ)
Anil Pratap Singh & Anr. Applicant (s)
Versus
Ministry of Environment,
Forest and Climate Change Respondent(s)
Date of Completion of Hearing and Reserving of Order : 23.11.2022
Date of Uploading of Order on the Website : 29.11.2022
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Alankar Jain, Adv
For Respondent(s) : Mr. Sachin K. Verma, Adv
Mr. Om Shankar Shrivastava, Adv.
Ms. Samriddhi Sharma, Adv.
Ms. Sakshi Pawar, Adv.
Mr. Yadvendra Yadav, Adv.
ORDER
1. This application has been filed with the prayer to direct the respondent authorities to issue a notice of closure to respondent no. 9 for violating environmental laws and to direct the respondent to relocate and shift industry of the respondent no. 9 outside municipal limit and for assessment of environmental compensation and damage be recovered from the project proponent.
2. The contentions of the applicant are that pollution caused by the Respondent No.9 was persistent and dust/ fugitive emission from factory gets deposited all over the house of residents living nearby to factory. It is submitted that, in pursuance to complaint inspecting team has monitored air and noise standard at two location one at Ram Singh house and other at Govt.
1Higher Secondary School where coal emission was found on the roof of localities and noise level was found above prescribed limit at both points, similarly air quality was also found beyond prescribed standard. It is submitted that, the inspecting team in the report further recommended that fugitive dust emission was found heavy even while plant was not operational thus, directed the respondent No.9 to adopt measures to reduce fugitive emission. Further it was also recommended that noise monitoring be conducted by independent agency recognized by Central Govt. and further health check-up of local residents was also proposed. However, till date nothing has been done.
Dust emitting from the respondent No.9 factory is affecting the well-being of the local residents, dust/ fugitive emission gets accumulated inside nostrils of children, get accumulated all over terrace, water, road and over everything surrounding to factory premises.
3. The respondent's authorities and private respondent has failed in controlling air pollution and noise pollution as per the mandate of Noise Pollution (Regulation and Control) Rules, 2000. The grievance of the applicants is that due to inaction of the respondent unsatisfactory state of affairs is continuing and people nearby are suffering with the pollution. It is requirement of law that overall noise levels in and around the plant area shall be kept well within the standards (85dBA) by providing noise control measures including acoustic hoods, silencers, enclosures etc on all sources of noise generation. The ambient noise level shall confirm to the standards prescribed under EPA rules, 1989 viz 75dBA (Day time) and 70dBA (night time). However, as per 2 sample taken by inspecting team none of the parameters are being fulfilled by R-9.
4. Local resident living in close proximity to the polluting source and depended on the eco-system services for livelihood, food, and water, are particularly at high risk. The damages to local population include increased likelihood of mortality, higher treatment cost due to morbidity, and loss of economic productivity. Further as per terms of environment clearance Green belt was required be developed in at least 33 % area in and around the cement plant as per the CPCB guidelines to mitigate the effects of air emissions in consultation with local DFO. However, green belt has not been developed in 33% of the area and around the plant of the respondent No.9 thus, applicant has also forwarded letter dated 03.10.2020 to the respondent No.5 to take action against respondent No.9, however nothing was done.
5. The Respondent No.9 is also without any authority using rice husk as AFR which is major source of air pollution. The respondent No.9 has obtained permission for expansion of captive power plant from 27 mw to 33 mw and which is currently not operational as per latest compliance report due to non-availability of coal. The respondent No.9 has sought permission to use rice husk on existing plant, design and infrastructure in expansion of captive power plant without there being any change in plant structure. The existing plant, infrastructure and design is not suitable for use of rice husk as fuel as fugitive emission dust and air pollution is causing tremendous inconvenience to localities. In addition to this expansion plant is not in operation. As expansion plant is not operational, use of rice husk by R-9 is illegal and 3 unauthorized.
6. The matter was taken up by this Tribunal on 25.02.2022 and notices were issued to the respondents for filing the reply with the further order, constituting a committee of CPCB and MPPCB to visit the site and submit the factual and action taken report.
7. In compliance thereof, the respondents have filed the reply and the joint committee has submitted the report. In response to the joint committee report, the objection has been filed by the applicant. The State PCB was directed to submit the action taken report with regard to the facts as narrated in the joint committee report which has been filed and is on record.
Heard the learned counsel for the parties and perused the record.
8. The respondent Central Pollution Control Board has submitted that for maintenance of air quality, the CPCB has prescribed air quality standard which is required to be complied by the project proponent and the authority which has to execute the compliance is State Pollution Control Board. The State Pollution Control Board, Madhya Pradesh vide letter referred in the reply has been required and directed to comply the environmental protection measures. Noise standards are notified under EP rules 1989 and the concerned State Pollution Control Board or the Pollution Control Committee at the State is the prescribed authority for grant of consent to establish and consent to operate considering all statutory provisions. Alternative fuel and raw materials for co-processing in the industries are to be regulated in consonance with the prescribed Standards of Emission notified via GSR 497(E) dated 10.05.2016 under Environmental (Protection) Rules, 1986. CPCB has framed 4 guidelines for co-processing of plastic wastes in cement kilns in July, 2017 and the standards of emissions in this regard are notified via GSR 497(E) dated 10.05.2016 at the Sl. No. 10 A of Schedule-I of the Environmental (Protection) Rules, 1986.
9. Respondent no. 6 has submitted that under the Air (Prevention and Control of Pollution) Act, 1981 the State PCB is competent authority to take necessary actions and is continuously monitoring air quality of the area. Shifting of the industry from the present place is the policy matter which shall be decided by the State.
10. A Respondent No. 9 has submitted the reply to the fact that :-
1. "The Respondent No.9 is complying with all the environmental norms and has obtained necessary permissions i.e Consent to Establish and Consent to Operate under the Water Act and Air Act. The Respondent No.9 is a ISO-9001 (Quality Management System), ISO-
14001 (Environment Management System) and ISO-
18001 (Occupational Health & Safety Management Certification System) and 5 'S' certified company wherein its operations and processes are in consonance with global standards prescribed by the International Standards Organization (ISO).
2. That answering respondent no. M/s Birla Corporation Ltd, Unit Satna Cement Works has valid mining lease as well as factory lease for land admeasuring 499.82 acres has also been granted in 1956 for 99 years in Tehsil Raghurajnagar, Distt. Satna for the purpose of construction and establishing thereon a cement factory and for purposes ancillary thereto.
53. That, with the introduction of environmental legislations such as Air (Prevention & Control of Pollution) Act 1981 and Water (Prevention & Control of Pollution) Act 1974 Emission Standards, all unit operations in the plant were provided with highly efficient most modern pollution control devises from time to time with modifications and up-gradations in the existing pollution control systems, storage facilities, housekeeping and other related areas.
4. To control the stack emissions, 7 Electrostatic Static Precipitators (In short ESP) & 13 Bag House of various capacities have been installed at different sections like Raw Mill, Kiln, Cooler, Coal Mill, Cement Mills and Captive Thermal Power Plants etc. To bring down the emissions according to the revised emission standards, from time to time necessary modifications and up-gradations like introduction of new ESP fields, replacement of Electrodes, higher rating Transformers, and modification of Gas Conditioning Tower etc. are done in these pollution control systems.
5. Ambient Air Quality (AAQ) inside the plant is regularly monitored and reported to MPPCB, Bhopal (Respondent No.
4) & Regional Office, MPPCB Satna (Respondent No. 8). The results are always found well within the prescribed limit, it is also verified by State Pollution Control Board Officers during their monitoring package from time to time. As a part of Environmental Control Measures Answering Respondent has installed 7 ESPs and 13 Bag Houses at various stacks for controlling the emission and Answering Respondent is strictly meeting the standard laid down by MPPCB, Bhopal.
6For controlling the fugitive emission Answering Respondent has installed 109 Bag Dust Collectors and 45 Cassette Filters at various transfer points of materials. Water spray system for controlling the fugitive dust emission is also working successfully in the plants.
6. That, extensive tree plantation has been carried out in and around factory and colony areas. Till date the Answering Respondent has planted about 2.47 lakhs trees covering 165.27 acres of area. Regular water spray is done on roads for controlling the fugitive dust emission due to transportation. All the above equipments are working efficiently and Ambient Air Quality Monitoring results are always within the National Ambient Air Quality Standards, amended by CPCB in the Govt. of India Gazette Notification dated 18/11/2009.
7. The Answering Respondent is awarded with IMS (Integrated Management System) by Bureau of Veritas as per ISO-9001 (Quality Management System), ISO-14001 (Environment Management System), OHSAS-18001 (Occupational Health & Safety Management Certification System) and audited and certified company.
8. That, the Madhya Pradesh State Pollution Control Board (Respondent No. 4) also carries out periodic monitoring for Stack emissions, Ambient Air quality, Noise levels, Waste and treated water quality. The stacks of the Respondent No.9 are having Continuous emission monitoring system (CEMS) and the online emission data is linked with CPCB and MPPCB web site for 24X7 days.
79. It is submitted that on the basis of steps taken by Respondent No. 9 and available monitoring reports of third party, CEMS, CAAQM and surveillance PTZ camera, there is no possibility of high fugitive emissions and noise levels from our plant resulting in to deposition of dust in plant and in surrounding areas. A copy of Third party monitoring reports is annexed herewith.
10. That the Respondent No. 9 has taken all due precaution and care to minimize the air pollution in and around the plant. However, the Applicants have filed the complaint dated 10.04.2019 by taking an exception of just one incident when there occurred fault in water spray pump for a few minutes. It is submitted that the reason of high coal fugitive dust to the incident that has been referred in the complaint dated 10.04.2019 was due to failure of water spray pump.
However, the system was stopped immediately on observing the fugitive dust for rectification of problem. After rectification of the water pump problem, again water pump has started and there is no emission found from the coal transportation belt and transfer points. Furthermore, to control the fugitive dust emission from the coal unloading circuit, the Respondent No. 9 has already installed BDC and two pocket filters along with water spray system at coal belt transfer points and all the pollution control equipment are running satisfactory. Also preventive maintenance of pollution control equipment is being done periodically for better performance.
Additionally an additional 3" water pipe line for coal dust suppression has been installed in that area (Wagon Tippler area) in parallel to existing system. To further strengthen the present system, the Respondent No. 9 has initiated to install 8 latest available technology of dry fog system and a capex of Rs. 30.0 lakhs has been taken in the current financial year.
11. That the Respondent No. 9 has taken constructive steps to reduce the noise pollution in and around the plant. That, to reduce the noise pollution all the machines are installed in a closed building and Periodical preventative maintenance of machines is being done viz. proper oiling and greasing etc. Apart from this at the Thermal Power Plant of the Respondent No. 9 acoustic enclosures are installed for high noise generating equipment and silencers are installed to reduced sound levels during steam blowing. Furthermore, thick green belt is developed on periphery of the plant to minimize the sound level.
12. That, for monitoring, the Respondent No. 9 gets the plant monitored by MPPCB at different locations at plant and surrounding area. Furthermore, as proposed, monitoring is being done third party agencies duly recognized by the MOEF & CC Central Pollution Control Board central government and the reports duly state that the company is confirming to Noise Pollution (Regulation and Control) Rules, 2000 and there is no violations as such mentioned by the Applicants.
13. The Respondent No.9 has provided direct employment for more than 3000 people around the plant and livelihood for more than 10000 population indirectly through different vendors, contractors etc. In addition to this, under Environment Management Program and conservation of natural resources, the Answering Respondent has constructed Rain Water Harvesting Ponds of having capacity 9 of 250000 KL. Furthermore, under Corporate Social Responsibility, company has many initiatives for livelihood, Heath and Sanitation, Agriculture and animal husbandry, Education, Infra-structure development etc. The answering Respondent has been conducting health camps in surrounding villages and providing health services.
Furthermore, it is pertinent to mention that within premises of the plant, there is hospital having more than 100 beds, two Higher Secondary Schools within the adjacent to Birla Colony, Market, Banks, Post Office, Community Centre, etc. However, there have been no complaints from the residents living within the plant campus and there is no such information available stating mortality, higher treatment cost due to morbidity, and loss of economic productivity as mentioned by the Applicants. Thus, it is apparently clear that the Applicants have made false allegations in the garb of complaints by local residents while no local resident has ever made any such complaints as there persists no grounds for the same.
14. The details of CSR expenditure for last 5 years is given as below:
S. Particulars 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 No. 1 Employability 26.38 14.91 13.50 15.00 30.48 23.41 2 Education 0.00 12.20 21.53 11.90 9.76 30.10 3 Drinking water 36.68 8.56 3.31 5.48 15.11 1.83 and Water Conservation Scheme 4 Health 0.00 15.05 11.05 1.81 3.69 74.11 6 Infrastructure 0.00 6.69 1.67 0.44 20.10 20.10 Development 7 Welfare 6.48 11.66 5.64 5.80 10.91 14.45 Activities Total (Rs. In Lacs) 69.54 69.07 56.70 40.45 90.06 164.00"10
11. Learned Counsel for the applicant has further argued that, pollution caused by the respondent No.9 was persistent and dust/ fugitive emission from factory gets deposited all over the house of resident living nearby to factory. It is submitted that, in pursuance to complaint inspecting team has monitored air and noise standard at two location one at Ram singh house and other at Govt higher secondary school where coal emission was found on the roof of localities and noise level was found above prescribed limit at both point similarly air quality was also found beyond prescribed standard. It is submitted that, the inspecting team in report further recommended that fugitive dust emission was found heavily while plant was not operational thus, directed to the respondent No.9 to adopt measures to reduce fugitive emission. Further it was also recommended that noise monitoring be conducted by independent agency recognized by central Govt and further health check up of local resident was also proposed. However, till date nothing was done and that as per terms of environment clearance Green belt was required be developed in at least 33 % area in and around the cement plant as per the CPCB guidelines to mitigate the effects of air emissions in consultation with local DFO. However, green belt has not been developed in 33% of the area and around the plant of the respondent No.9 thus, applicant has also forwarded letter dated 03.10.2020 to the respondent No.5 to take action against respondent No.9 however nothing was done.
12. It is further argued that, the respondent No.9 is also without any authority using rice husk as AFR which is major source of air pollution. The respondent No.9 has obtained permission for expansion of captive power plant from 27 mw to 33 mw and which is currently not operation as per latest compliance report due to non-availability of coal. The respondent No.9 has sought permission to use rice husk on existing plant, design and infrastructure in expansion of captive power plant 11 without there being any change in plant structure. The existing plant, infrastructure and design is not suitable for use of rice husk as fuel as fugitive emission dust and air pollution is causing tremendous inconvenience to localities. In addition to this expansion plant is not operation. If expansion plant is not operational use of rice husk by respondent No.9 is illegal and unauthorised.
13. In response to the contention raised by the learned counsel for the applicant it is submitted by the respondent that in that in order to conserve the natural resources, reduce the dependability on fossil fuels and Green House Gas (GHG) emission there have been suggestions by various government institutions, agencies (like MoEFCC, CPCB, National Council for Cement and Building Materials etc.) and other private institutions/agencies to promote use of alternative fuels and raw materials (in short AFR) in cement kilns. Accordingly, Answering Respondent has taken steps to increase use of alternative fuels and raw materials. The Respondent No. 9 uses Rice Husk for the environmental benefits such as Reduction of carbon foot print by replacing conventional fuel with Alternative fuels (Like Rice Husk, saw dust, woody biomass, non-hazardous plastic, polythene waste etc.), i.e reduction of green-house gases emission, Reduction of dependability on natural fossil fuels, Waste management, Facilitate PAT (Perform, Achieve and Trade) targets and Facilitate in reduction of NOX emission.
14. The Answering Respondent had obtained required CTE & CTO from MP Pollution Control Board, Bhopal, for setting up of Alternate Fuel and Raw Materials system for storage & consumption of Agro Waste, Woody Bio-mass & Polythene Waste etc. Accordingly, Answering Respondent has installed two new mechanized Alternate fuel and raw material feeding system with three storage sheds installed within the premises, and that the Respondent No. 9 is using the rice husk as AFR in the cement kiln at the plant after obtaining statutory permission from the 12 MPCCB (Respondent No. 4). The answering Respondent has obtained Consent to Establish for setting up of Alternate Fuel System at Ghurdang and simultaneously Consent to Operate is taken to operate facility of Alternate fuel at the cement kiln since 2018. The respondent no. 9 has been using AFR (Plastic Waste) in compliance of the order of the NGT, Delhi in O.A. No. 606/2018 wherein the cement industries have been directed to use Municipal Solid Waste as an alternative fuel source.
15. Next point as raised by the applicant is that respondent no. 9 has constructed rice husk storage yard outside plant premises and permission to operate was given by the respondent no. 8 without any inspection of site and without complying with the prior formalities despite the fact that, local residents submitted various complaints against the respondent no. 9 for constructing rice husk storage yard in village Ghurdang. It is clear that the unit was established in the year 1956 in the village which was outside of boundary of city however, with urbanisation, the municipal limit has enhanced and now industry falls within municipal limit where large number of people are living surrounding the industry and Govt. school is also situated nearby to industry. The contention of the applicant is that looking into nature, size and location of industry, comprehensive environment audit should be conducted from third party neutral agency and respondent no. 9 should be relocated outside city.
16. In reply thereof the respondent has submitted that the Rice Husk Storage Yard is within the leased area of the Respondent No. 9 that had been granted by the DIC (District Industrial Centre), Satna as well as permission has been granted by the department of Town and Country Planning Satna which is well executed. It is brought to the notice of the Tribunal that the Applicants have tried to create hurdle in the functioning of the plant and therefore the SDO has even written letter to 13 the S.P. Kolgawa, Satna to take appropriate action against the Applicants. A copy of the Lease agreement between the Respondent No. 9 and DIC.
17. The respondent has denied the contention as raised by the Learned Counsel for the applicant and submitted that there is no violation of environmental norms. The Chief Medical and Health Officer has also verified that there are no such cases reported so far regarding ill effects of pollution by the surrounding residents. Copy of the permission from competent authority for use and disposal of rice husk, copy of the NOC issued for the Water extraction from the Department of Water Resources, River Development & Ganga Rejuvenation have been filed with the reply.
18. For proper assessment of the situation the Tribunal vide order dated 25.02.2022 constituted a joint committee consisting the representatives of Central Pollution Control Board and State Pollution Control Board with the direction to submit the factual and action taken report.
19. In compliance thereof the joint commit submitted the report as follows:
"To find out facts as well as to know the extent of problem, the committee visited the Ghurdang village and nearby area which are located just adjacent to the M/s Birla Corporation Ltd. Satna. Air pollution is one of the major issues of this Joint inspection report in OA 19/2022 Apr. 2022 Page 3 petition caused by M/s Birla Corporation Ltd. Satna (further referred as 'Unit'). Air pollutants include dust and gaseous pollutants. Dust is a bone of contention for the cement sector. It enters the ambient air from fixed (stacks) or diffused (fugitive emissions) sources.
To find out the probable and prominent source of the pollutants, the committee carried out the source emissions, 14 fugitive emissions, ambient air quality monitoring and collected the three water samples from representative locations for analysis. Noise monitoring was also carried out in day and night time at various locations. The main contention of the petition is dust pollution in Ghurdang village which is located in close proximity of the cement plant and absolutely there is no buffer zone for settlement of air born dust or dilution of any other pollutants. Generally minimum buffer zone is 500 meter has been fixed but in present case house of Late Sh. Ram Singh is located at 12 to 15 meter distance from plant. The other houses also located within the range of 150 to 200 meter distance. It is pertinent to mentioned here that when the plant was established in 1959 & at that time, environmental laws and concept of buffer zone was not persist.
M/s Birla Corporation Limited (further referred as 'Unit') located at Satna (MP) and established in 1959 it is a cement manufacturing company and having two kilns and captive power plant of 27 MW. The total production capacity of the plant is 3.0 MTPA for clinker and 3.4 MTPA for cement. This cement plant is based on ILC technology and 6 stages pre-heater. For cement production, the unit has obtained consent under Air and Water Act which is valid upto 30.09.2022. The unit has 27 MW captive power plant and permitted for using Coal and AFR as fuel and having valid consent upto 31.12.2022. The unit also obtained authorization under Hazardous & other waste (Management & Transboundary movement) Rules 2016 and valid upto 31.03.2023.
The main issues raised in the petition by the applicant are as given below:
1. Air pollution caused by the M/s Birla Corporation Ltd, Satna and deteriorates the ambient air quality. 15
2. The unit using rice husk and AFR as fuel without any permission and has expended power plant Capacity from 27 MW to 33 MW.
3. Water pollution caused by the unit and not obtained the permission from CGWB.
4. Adverse effect on the health of the residents and agriculture production is getting reduced because of air pollution.
5. Other issues i.e. noise pollution, green belt development, CSR activity.
The committee made the following observation during site visit on the above mentioned issues :-
ISSUE 1 - Air pollution caused by the M/s Birla Corporation Ltd, Satna and deterioration the ambient air quality. There are several reasons of air pollution in cement industry it is mainly divided in two category point and non-point source. Point source are stack emissions and non-point sources are fugitive emissions and both the type of emission cumulatively affected the ambient air quality. To assess the air pollution in totality ambient air quality monitoring, fugitive emission monitoring and stack emission monitoring conducted in the area. The details of air monitoring as given below :
Ambient Air Quality monitoring As mentioned in the petition, the air pollution is major issue in area and industries emitting harmful gases especially in night time. To assess the ambient air quality total 05 monitoring stations were installed and monitoring carried out for 24-hour basis (2 pm to 2 pm) and assess the day and night air quality of the area. On demand of applicant one station installed at Ram Singh house which is located approx. 12-to-15-meter distance from the core area of activity of plant. The results of Ambient Air quality as found in monitoring at various locations are as given below: 16
Date of monitoring: 02.04.2022 to 03.04.2022 S.No Location PM10 SO2 NO2 Remarks (µg/m3) (µg/m3) (µg/m3) 1 UCL campus near 140 12 25 To assess the AAQ Ram Singh house around industrial area these 2 At roof of Ram 157 11 21 locations has been Singh House selected and all 3 Govt. H S School 153 12 19 prominent air in Ghurdang pollutant including PM10 monitored.
4 Dairy farm of Birla 210 09 26 As the station
cement operated on 24 Hr
5 Birla school 86 08 22 basis hence air
campus quality in night
time was also
NAAQS (Ambient air 100 80 80 covered in it.
monitoring carried out for
24 Hr basis)
On the basis of above Air quality monitoring data, the average concentration (24 Hr basis) of PM10 was found 140 µg/m3 near UCL campus, 157 µg/m3 near Ram Singh house, 153 µg/m3 near Govt. HSS Ghurdang, 210 µg/m3 near dairy farm and 86 µg/m3 near Birla school. The highest value of PM10 was observed near dairy because at front side Semariya main road situated and another side bulker parking located. A small portion of bulker parking area still unpaved and create fugitive emission during truck and bulker movement.
The values at four monitoring locations were found above the NAAQS. Hence it proves still air quality in nearby area not meeting the standards w.r.to PM10 concentration. The concentration of primary gaseous pollutants i.e. NO2 and SO2 were found within the limit.
From the above AAQ data it can be concluded that the air pollutant i.e.PM10 is mostly above the permissible limits in the area under question. It may be due to movement of heavy vehicles, road dust, biomass burning, fugitive emissions by unit, unpaved roads in the area etc. Use of cow dung, wood, coal 17 briquette for domestic cooking and other commercial purposes is also major local contributor for increasing the PM concentration in AAQ. High concentration of the pollutants in ambient air was observed in evening time as compared to the day time due to slow dispersion of pollutants and heavy vehicle movement in night time. However, during the monitoring dry weather and slightly high wind velocity also affected the monitoring values.
The unit has installed two CAAQMS at Bandhavgarh colony and SCW colony side both is operational during visit. The CAAQM data of the 03.04.2022 were also collected from both the stations. It was observed that all the CAAQMS data showing that the air quality data within the NAAQM standards. The data sheet of CAAQMS are enclosed as Annexure-01.
Fugitive Emission monitoring Fugitive emission was also the primary sources of PM10 or dust pollution besides that movement of heavy vehicles, inefficient dust control at raw material transfer and handling points, material spillage and open storage of material are major cause of localized fugitive emission which is ultimately convert into ambient air pollution of that particular area.
To assess the fugitive emission levels inside the work zone, monitoring was carried out at four prominent locations and the details as given below:
S.No. Location SPM Remarks
(µg/m3)
1 CHP of 27 MW 1453 Movement of heavy
CPP vehicles, inefficient dust
control at raw material
2 AFR shed inside 296
transfer and handling,
3 Kiln area of SCW 1655 material spillage, are
major reason of fugitive
4 Packaging area 2230 emission.
Standards 2000
Fugitive emissions were observed during inspection at various locations inside the plant. There are at certain instances 18 at that time, the fugitive dust emissions are visible beyond the normal range this is because of high wind and failure of APCD for very short span of time. Continue operation of road sweeping machine and water sprinkling through tanker was observed. During fugitive emission monitoring these steps certainly reduce the air born dust. If unit adopted such activities as a regular practice even after the visit, than it will certainly help to reduced dust pollution.
On the basis of above fugitive emissions data, it can be concluded that more precautions are required to control the fugitive emission especially in packaging area, coal storage at A- frame area. The high fugitive emission instances were also observed at conveyer transfer point of gypsum yard of SCW and at return belt of wagon unloading conveyer system. The housekeeping was found poor at ash bulker unloading point no-2 as thick layer of ash found deposited. It may be converted into non-point source of emission during vehicle movement or high wind.
Small heaps of fine dust was observed below the most of the transfer points of clinker and coal conveying system. It is understood that, the suction hood or chutes are not functioning at optimum capacity.
The unit has installed two wagon tipplers for coal transfer. To control the fugitive emission, the unit has provided water spray nozzles at wagon tippler but deposition of fine dust of coal was observed in wagon tippler area. It confirms the fugitive emission generation during unloading of coal. Pre-wetting system for wagon before tippler was not observed. This system further reduces the fugitive emission at certain level.
The unit has installed truck tippler for coal transfer. To control the fugitive emission, the unit has provided water spray nozzles (Dry fog) at truck tippler. However, rubber curtains also required to further control of fugitive emission during unloading of coal.
19Rubber curtains and water spray arrangement has been made at lime stone ground hopper and inside the crusher to make sufficient moisture of the material for better fugitive emission control.
Gypsum, limestone, pet coke and coal were stored under the covered shed and stacking was also covered. The unit using only imported mineral gypsum.
To curb the fugitive emission, the unit has provided internal pucca road, covered storage for raw materials and bag houses at transfer points. However more efforts required for controlling the fugitive emission. As there is no buffer zone in between village and plant hence, to control the fugitive emission high rise tree plantation or peripheral management is required at Ghurdand village side.
Stack Emission monitoring The stack emission is point source of air pollution, in cement plant. The main stacks are raw mill, coal mill, cooler, cement mill and power plant stack and at the time of visit all the operational stack has been monitored for consented parameters i.e. PM, NOx and SO2. The details of the monitored stack and emission values are as given below:
S. Stack emission Control PM NOx SO2 CEMS provided N monitoring equipment (mg/ (mg/ location (mg/ Nm3) Nm3) Nm3) 1 27 MW CPP ESP 26 319 79 All the units have installed the OCEMS 2 M/s SCW, Satna Bag house 12 544 35 and the data sheet Raw mill kiln 1 during the monitori 3 M/s SCW, Satna Bag house 14 516 41 ng shows that Raw mill kiln 2 emission within the limit as given in 4 M/s SCW, Satna ESP 28 -- -- consent.
Cooler 5 M/s SCW, Satna Bag house 10 -- --
Coal mill 6 M/s SCW, Satna Bag house 13 -- --
Cement mill-1 7 M/s BVC, Satna ESP 18 461 43 Raw mill 20 8 M/s BVC, Satna Bag house 10 397 52 Raw mill 9 M/s BVC, Satna ESP 37 -- --
Cooler 10 M/s BVC, Satna Bag house 09 -- --
Cement mill -1 11 M/s BVC, Satna Bag house -- --
Coal mill
Emission standards 30 800 100
In the unit, there are total 15 major process stacks out of that 11 have been found operational during visit and all are monitored. At the time of visit, vertical coal mill and cement mill no.1 of M/s Satna cement works were not in operation due to scheduled maintenance. The vertical coal mill and cement mill- 02 of M/s Birla Vikas cement were not in operation due to less demand and no space in silo. Therefore, it could not be monitored. The details of non-operational units at the time of visit is enclosed as Annexure-02.
On the basis of above stack emission monitoring data, it was observed that the emission values complying the norms except cooler of M/s Birla Vikas Cement. However, cooler stack of another kiln just around to maximum limit. The concentration of NOx and SO2 in all the kilns, cooler and power plant is well within the emission limit.
To control the NOx emission in raw mill, the unit has completed the primary measures i.e. NOx equalizer duct has been commissioned at pre-heater to reduce the NOx, the unit has also installed low NOx burner. It will further reduce the NOx emission. The unit has also installed SNCR system to control the NOx along with Ammonia storage tank and other allied infrastructure. There is no issue of SO2 emission as all the internal medium of kiln is working in alkaline condition.
To control emission in cooler, the unit has provided additional new parallel ESP (4 field) and divert the flue gas in same ratio and exit gas discharged through common stack.
21As per the guideline of CPCB, the unit has installed OCEMS in all the stacks of cement plant to monitor PM, SO2 and NOx remotely and round the clock. The CEMS data available at MPPCB/CPCB website and transmission was verified during visit. The OCEMS data sheet of the day of monitoring is enclosed as Annexure-03. As per the OCEMS data all the stack emissions are within prescribed limit.
ISSUE 2- The unit using rice husk and AFR as fuel without any permission and expansion of power plant from 27 MW to 33 MW The unit is using rice husk and other AFR as a fuel in kiln as well as in power plant and necessary permission from MPPCB has obtained which is enclosed as Annexure-04. As per consent, the unit is authorized for setting up facility of AFR without increase in production capacity. The unit having permission for use of agro waste, woody biomass, plastic waste, packing waste, date expired FMCG and other non- hazardous waste. The unit also obtained the blended AFR from nearby municipal corporations. Biomass is a renewable energy source that is rich in carbon content. Therefore, it is potential to be used and processed as fuel and other environmentally friendly materials. Even though rice and mustard husk are one of the biomass raw materials that can be utilized as fuel in furnaces.
Rice husk can replace coal used in the cement industry as the ratio of the calorific value of rice husk to the calorific value of coal is 1 to 2. 2. The use of rice husk as a fuel in the cement- making process has a good effect on the chemical content of cement produced in the cement industry.
Industry has also started co-incineration by using plastics, dung, press mud, FMCG items in the kilns to substitute coal as fuel. Co-processing refers to the use of waste materials in industrial processes as alternative fuels or raw material (AFR) to recover energy and material from them. Due to the high temperature (>1300oC) in cement kiln, different types of wastes can be effectively disposed without harmful emissions. The 22 detailed quantity of AFR used in the year 2021-22 is enclosed as Annexure-05.
For storage of rice husk and other AFR, the unit has constructed proper shed with all safety precautions. Water hydrant line and fire extinguishers were provided at prominent locations to control any fire incidence. The shredded and rice husk mixed AFR conveyed to kiln and power plant section for use as fuel. Covered conveyer system has been provided to prevent spillage and any air born emissions. The AFR shed is covered from all side to prevent and protect the rice husk during high wind.
ISSUE 3 - Water pollution caused by the unit and not obtained the permission from CGWB Cement industry is relatively less water intensive and generally no waste water generated or discharged by the unit. At the time of visit it was observed that the unit does not discharge any effluents outside the premises.
Local peoples complain about water problems as the water becomes unfit for washing and bathing and water in the nearby ponds is covered with a thick layer of dust. To assess the present status water samples collected from three ground water locations and analyzed in lab. The results of ground water analysis as give below:
S. Location pH TDS T. Ha Alk. Cl NH3 -N
N
1 Pandey petrol 7.74 968 446 140 84 0.02
pump,
Semariya
road, Satna
2 Chaman 7.78 1356 490 190 131 0.06
Chowk,
Ghurdang
(near unit)
3 Mahua Basti 7.84 1652 787 230 152 0.13
Nr Dr Shukla
clinic (near
unit)
IS 10500 standard 6.5 to 500 200 200 250 0.50
(Acceptable limit) 6 8.5
All the values in mg/L except pH.
23
As per the drinking water standard IS 10500 the values of TDS and Total hardness exceeding the limit, however other parameters are within limit. As mentioned above, cement units not discharging any effluent hence local soil strata or other geogenic factors may be responsible for higher values.
The rain water and storm water collected in mine pit is the source of water for industrial purpose. M/s Birla Corp. Ltd also obtained the NOC from CGWA vide no.
CGWA/NOC/MIN/ORIG/2021/13750 which is valid upto 15.11.2023 and another NOC vide no.
CGWA/NOC/MIN/ORIG/2021/9757 which is valid upto 15.12.2023.
The unit has installed the Sewage Treatment Plant (STP) for treatment of waste water generated from domestic activity. The STP comprises of screen chamber, Collection Tank, FAB tank 1&2, Aeration tank, secondary clarifier tank, ACF, PSF and sludge drying beds. The treated water of STP is being used for horticulture purpose. The waste water generated from unit is being used for cooling purpose of the machinery / equipments and re-circulated in the system and zero discharge condition is maintained.
To assess the quality of treated water treated water sample of STP outlet was collected and analyzed for consented parameters i.e. pH, TSS, COD, BOD and O&G. All the values found within the limit as given in consent. The results of STP outlet water as give below:
S.No. Location pH TSS COD BOD O&G
1 STP 7.62 52 62 12 BDL
outlet
Standard limits 6.5 to 9.0 100 250 30 10
All the values in mg/L except pH.
The STP outlet results show that treated water complying the standards as given in consent.
ISSUE 4 - Adverse effect on the health of the residents and agriculture production is getting reduced because of air pollution 24 As mentioned in the petition that the local population affected from respiratory related illness. To verify the fact, Regional Officer of MPPCB issued a letter to CMHO, Satna on 02.04.2022 to obtain any such type of information if available. The information received from CMHO, Satna.
As informed by the applicant the quality and quantity of the agricultural crops production has been affected due to pollution. To verify the fact, Regional Officer of MPPCB issued a letter to Deputy Director, agriculture department, Satna on 01.04.2022 to obtain any such type of information if available same is yet to be received. The letter issued to department is enclosed as Annexure-07. However, land in the close vicinity of the unit is used for commercial purposes.
ISSUE 5 - Other issues i.e. Noise pollution, green belt development, CSR activity The applicant raised the issue of noise pollution in the area especially in night time, to verify the fact noise monitoring carried out at eight representative locations in day and night time mode as given in schedule. The details of location and measured values as given below:
No. Location Day time Night Remarks
Leq time Leq
1 Birla school 51 40 Vehicle
movement
2 Ram singh house 61 42 inside the
3 Govt school 58 44 village and
operation of
4 Dairy farm 64 51 heavy
machinery
5 Labour colony 56 44
is main
6 Colony inside plant 53 43 source of
noise level
7 Mahua basti 54 42 in the plant
8 Birla hospital 52 41 vicinity
Standards for 55 45
residential area
25
Vehicle movement and excess use of horn are main source of noise level increase. Operation of heavy machinery inside the plant also contributes to increase noise level. As there is no buffer zone or any natural barrier available in between plant and Gurdhang village hence the possibility of high noise level at some instance when plant is not synchronized or any disturbance in process may not be ruled out. Ghurdang village is located at power plant side area, so in case of excess steam is generate, some steam bypassed for safety point of view. At that time, high noise level may be generated.
The conveyer belt system which is located at Ghurdang village side, creates some noise in night time it may be due to abrasion in bearing and rolling drums. It may be reduced by proper greasing and periodic maintenance. However acoustic enclosures like close chamber, thick rubber curtains etc. have been provided by the unit.
At the time of visit, plant was operating in normal and stabilized condition. Hence issue of high noise levels was not observed. The values of noise level monitored were also exceeding at four locations.
The unit developed green belt inside the plant premises at various vacant lands. Thick plantation was observed at colony, school and hospital area. The details of plantation given by the unit are enclosed as Annexure-08. However more plantations are required to reduce the dust emission at Ghurdang village side through community involvement. The Regional Officer of MPPCB issued a letter to District Forest Officer, Satna on 01.04.2022 to verify the fact the information yet to be received. The letter issued in this regard is enclosed as Annexure-09.
Under the CSR the unit conducted various activities i.e. employability, education, drinking water, health, infrastructure development and welfare of locals. The last FY CSR budget was 90 lakh and for current year 160 lakh allotted for this activity. The details of activity conducted so far as given in Annexure-10.
26Other observations:
The unit has installed Waste Heat Recovery Power Plant of 19.5 MW capacity. The hot gases tapped from Cooler Mid and Preheater outlet and passed through Heat Exchanger (Boiler) where heat from hot gases has utilized to generate super heated steam. Super Heated Steam being fed to turbine for generating power.
The fly ash from the 27MW CPP was being transferred pneumatically to silos for captive use in cement plants. In addition to this, fly ash was also being brought from Birsinghpur and Singhrauli Thermal Power Plants for using in cement plant.
The unit has provided 02 fly ash silo and total storage capacity 7000 MT and ash transferred pneumatically from bulker to cement mill directly to reduce fugitive emissions. The unit has provided the 03 clinker silos with total capacity of 65,000 MT storage.
The limestone mine of the unit located at Sagmania mine which is about 4 km away from the plant, for transportation of limestone unit has established the covered belt conveyor system of 1200 TPH to reduce emission caused by trucks movement. The unit has also established a ropeway as an alternate system for lime transportation.
Authorization under Hazardous Waste (M, H & TM) Rules 2008 is valid upto 31.03.2023.The unit has obtained authorization for used oil (category 5.1 & 5.2 of schedule - I) is being generated from plant machineries and gear box. The used/waste oil is kept stored in closed & covered shed having cemented floor, rain water protection, oil catch pit and boundary wall. Details of waste i.e. type, category, quantity have been displayed on the board at main gate. The latest manifest of hazardous waste is enclosed as Annexure-11 27 Recommendation:-
On the basis of the above observations the recommendations of the committee are given below: -
1. Improvement in the housekeeping in Cement mill area, cooler ESP area, clinker silo area, railway siding area, cement dispatch area and remove all the dust spillages immediately.
2. As much as possible coal must be stored in dome storage and remaining all storage points may be use for intermediate storage. The raw material storedin shed must be covered from two or three sides and use of rubber curtains as per requirement may be placed.
3. At Ghurdang side minimum raw martial may be stored and also avoid open storage and ensure all the APCD installed at transfer points should be functioned with optimum efficiency all the time.
4. Ensure periodic maintenance of all dust collection system installed at various material transfer points of gypsum and coal.=
5. The capacity of the raw material storage shall be enhance if required especially coal and pet coke and all the coal should be kept in shed only.
6. The unit should provide rubber curtains at truck tippler, wagon unloading and gates of A-frame area to control fugitive emissions.
7. The damaged roof of A-frame area may be repair as soon as possible to contain the coal dust inside.
8. Additional Belt skirting to coal feeding shed at 27 MW CPP and water sprinkling or fogging system along the road from BVC coal wagon unloading point to coal storage shed and outside truck yard may be installed.
9. Special drive for plantation should be conducted in coming monsoon along outside the boundary wall from Ram Singh residence to Government School of Ghurdang, boundary wall at AFR Storage shed and truck parking yard area and any other relevant area with community participation. 28
10. The possibility of more co-incineration of polythene and AFR should be explore and to achieve the target as given by MPPCB.
11. The industry should comply the new emission norms all the time as notified by MoEF&CC.
12. The unit shall ensure proper calibration and periodic maintenance of all installed CEMS and maintain proper records w.r.t. calibration.
Summary :-
There is no buffer zone in between Ghurdang village and unit this is the main contention of this issue. The unit was established in 1959 at that time, there was no guideline or concept of buffer zone establishment around the industry.
The unit generally complies with the emission norms, however, ambient air quality in a nearby area exceeds the norms. For that fugitive emission, movements of heavy vehicles, background dust, and other allied factors are responsible which need to take care of immediately. It is pertinent to mention that material transfer points and unpaved roads in the area are major non-point sources of pollution. To control this, efficient operation of APCD at all the time and adoption of additional dust control measures are required.
At Ghurdang village side, a massive tree plantation with community involvement and peripheral management to control fugitive emission is most essential. For this a time, bond action plan may be asked from the unit for compliance with the recommendation of the committee."
20. In view of the recommendation of the Joint Committee Report the matter was taken up by this Tribunal on 20.05.2022 and directions were issued to State Pollution Control Board to ensure the implementation of the recommendation and to submit action taken report. During the course of hearing, the Learned Counsel for the applicant has objected the contents of the Joint Committee report on 29 the point that the committee never called the applicant while conducting investigation and that factual report was prepared within two days which is hardly possible and that permission granted by the Ground Water Authority was not valid permission and that the report submitted by the Chief Medical and Health Officer is without any study of impact of pollution. It is further contended that the standard of air at four monitoring locations was found above the NAAQS. High concentration of pollutants was found in the evening time due to slow dispersion of pollutants and heavy vehicle movements. Despite various findings nothing was proposed and no descript direction was issued to the respondent no. 9 to curb the pollution.
21. The objections raised by the applicant was forwarded to the committee for submitting the report and in compliance thereof the Members of the Committee visited the site examined the report and compliance and submitted the report on 27.07.2022 as follows :
"The factual status of implementation of the recommendations submitted by the joint committee as found during site visit on the above mentioned issues are as below:-
Recommendation 1 - Improvement in the housekeeping in Cement mill area, cooler ESP area, clinker silo area, railway siding area, cement dim:latch area and remove all the dust spillages immediately..
(A) Status before the order of Hon'ble National Green Tribunal:
1. There were 3 Nos. Road sweeping machines for SCW, BVC and other common areas. In addition to this, there has a separate team for housekeeping, sweeping for Cement Mill Area, Cooler ESP Area, Clinker Silo Area, and other areas.
2. There were water spray system at wagon unloading point, coal crusher, and coal belt transfer points and coal feeding point at 27 MW Thermal Power Plant.30
3. Storage facility for raw materials and finished products are:
➢ For storage of Laterite -25000 MT covered shed ➢ For storage of Gypsum - 15000 MT covered shed ➢ For storage of Limestone - 60000 MT linear covered shed and 60000 MT circular dome shed ➢ For storage of Clinker - 3 nos. of clinker silos having capacity of 55000 MT at SCW and BVC and 23000 MT (at BVC and SC W units 0.
➢ For storage of Cement - 8 nos. cement silos having capacity of 36000 MT.
➢ All material conveying belt conveyors were fully covered and dust collectors were installed at all transfer points. B. Statics of up gradation after order of Hon'ble National Green Tribunal:
1) Industry has deployed one more Truck Mounted Road Sweeping machine_ This additional truck mounted road sweeper is deployed for BVC Plant which is adjacent to Ghurdang area.
2) Industry has started RCC flooring around Coal \Vashery and Dome shape Coal Storage shed to reduce possible fugitive emissions during movement of vehicles. At present industry has concreted about 9000 Sq. meters area, Industry has informed that the remaining area laying between railway line and concreted area will be covered under plantation or fenced.
3) Industry has started collection of sweeping dust from elevated structures at one point and discharging it at ground through small hoppers attached with 150- 200 mm pipe, so as to control the fugitive emissions during discharging of dust from elevated structures.
4) Industry has extended the frequency of regular maintenance for control/cleaning of spillage material. It is also informed by the industry that maintenance of Conveyor belt, speed and material flow has re- adjusted to restrict spillage of material during transportation. 31 (C) Proposed Activities:
1. Industry has informed that for further improve on housekeeping and spillage control,
2. Regular Inspection of material transportation circuit shall be carried out at regular and more frequent intervals to identify any spillage of material and corrective action shall be taken to prevent the same.
3. As much as possible coal must be stored in done storage and remaining all storage points may be use for intermediate storage. The raw material stored in shed must be covered from two or three sides and use of rubber curtains as per requirement may be placed .
(A) Status before the order of National Green Tribunal:
➢ Circular dome shed - 20000 MT ➢ SCW covered coal yard 20000 MT ➢ BVC Covered Coal yard - 20000 MT ➢ 27 MW TPP covered coal yard 9000 MT ➢ Belt curtains had provided for 27 MW TPP coal storage shed and A frame yard entry towards Ghurdang side.
(B) Status of upgadation after order of National Green Tribunal:
➢ Additional belt curtains liar facilitated for 27 MW coal handling area ➢ Water sprinkling system has installed for Coal feeding and handling system at 27MW TPP.
(C) Proposed Activities ➢ Industry has proposed to install a Mist based Water fogging system at 27 MW CPP Coal handling area to minimize fugitive emissions by December 2022.
3) At Ghurdang side minimum raw martial may be stored and also avoid open storage and ensure all the APCD installed at transfer points should be functioned with optimum efficiency all the time.
32 (A) Status before the order of Hon'ble National Green Tribunal:
➢ The Alternate Fuel Materials like plastic bags, rags of tarpaulin, Rice husk and municipal plastic waste is stored in 12000 M3 capacity fully covered shed.
➢ Some Municipal Plastic waste material was stored outside the shed.
➢ 3 Nos Air Pollution Control Devices (APCD) have installed at transfer points.
➢ AFR material transporting belt conveyors have fully covered.
(B) Status or up-gradation after order of Hon'ble National Green Tribunal:
➢ Housekeeping and proper storage of AFR material has ensured.
➢ No material stored in open space.
(C) Proposed Activities ➢ Industry has assured for about 2500 Nos. of plantation along the boundary wall of Ghurdang AFR area before September 2022.
4. Ensure periodic maintenance of all dust collection system installed at various material transfer points of gypsum and coal ➢ Industry has assured for Regular and Periodic maintenance of all dust collection systems installed at various transfer points of Gypsum and Coal. In addition to this industry has informed that few Nozzles have been replaced for proper and effective dust suppression at Coal Conveyer Belts.
(A) Status of up-gradation after order of National Green Tribunal:
➢ Industry has informed that he will install mist based water fogging system before December 2022 at coal handling area of 27 MW TPP to minimize fugitive dust emissions.33
The capacity of the raw material storage shall be enhanced if required especially coal and pet coke and all the coal should be kept in shed only.
(A) Status before the order of National Green Tribunal:
➢ Storage of Laterite: 25000 MT covered shed ➢ Storage of Gypsum: 15000 MT covered shed.
➢ Storage of Limestone:
• 60000 MT linear covered shed and • 60000 MT circular dome shed ➢ Storage of Clinker:
• 3 Nos of clinker silos 55000 MT (Total) and • 23000 MT covered clinker storage yard at BVC and SCW units.
➢ Storage of Cement: 8 nos. of cement silos - total capacity of 36000 MT. ➢ Storage of Coal:
• 20000 MT circular dome, • 20000 MT in SCW covered coal yard, • 20000 MT in BVC covered coal yard • 9000 MT in covered coal shed in 27 MW Thermal Power Plant In both SCW and BVC plant, Raw material, Coal and Petcoke is stored in covered shed and silos.
Industry has informed that the present storage capacities of shed/silos for storage of raw material/coal and Petcoke is sufficient However, in future if required separate shed/silo will be constructed for raw material/coal/Petcoke storage.
(B) Improvement Status of up-gradation after order of National Green Tribunal:
➢ Side sheeting of Laterite shed is done to avoid fugitive emissions during laterite handling. The material stored inside the shed was shifted outside for fixing of side sheets. Therefore industry has started shifting outside stored material to laterite shed and assured the complete shifting by end of August 2022.34
➢ Industry has informed that currently there is no need of additional Coal/Petcoke Storage_ Also ensured that Coal and Petcoke shall be stored in covered shed.
6. The unit should provide rubber curtains at truck tippler, wagon unloading and gates of A-frame area of control fugitive emissions.
(A) Status before the order of National Green Tribunal:
The unit has provided belt curtains at following locations to restrict spreading fugitive emissions during regular operations:
➢ Laterite unloading hopper ➢ Fly ash unloading truck tippler ➢ 27 MW TPP coal storage shed and ➢ A- frame yard entry towards Ghurdang side. (B) Improvement Status of up-gradation after order of National Green Tribunal:
➢ New Water sprinkling system has installed for coal feeding system for 27 MW TPP (C) Proposed, Activities ➢ Industry has proposed a new Mist based Water Fogging System and additional Belt Skirts will be provided at Coal handling plant of 27 MW TPP before December 2022.
7. The damage roof of A frame area may be repair as soon as possible to contain the coal dust inside.
➢ Industry has informed that the damaged portion of A Frame currently used for Clinker Storage shall be completely demolished by march 2023.
➢ The construction of a new environment friendly system of Clinker silo having capacity - 50,000 MT shall be started from April 2023 & shall be completed by October 2024.
35➢ Industry has taken up installation of new Coal Conveying system equipped with the required bag filters to address fugitive emission issues and the installation work shall be completed by March 2023.
8. Additional Belt skirting to coal feeding shed at 27 MW CPP and water sprinkling or fogging system along the road from BVC coal wagon unloading point to coal storage shed and outride truck yard may be installed ➢ Industry has provided additional belt curtains for Coal shed of 27 MW TPP. Photographs attached at recommendation Point No 2 ➢ Industry has provided a new water sprinkling system at coal feeding point of 27 MW TPP to reduce the fugitive emission.
➢ Industry has also proposed to install a Mist based Water Fogging system at coal feeding point of 27 MW TPP to further reduce fugitive emission by December 2022.
➢ Industry has informed that the design and drawing has finalized for installation of new water sprinkling system along the road from coal wagon unloading point to Coal storage shed of 27 MW TPP and the same will be installed by the end of March 2023.
(9) Special drive for plantation should be conducted in coming monsoon along outside the boundary wall from Ram Singh residence to Government School of Ghurdang boundary wall at AFR Storage shed and truck parking yard area and any other relevant area with community participation.
➢ Industry has carried out 50 Nos. of plantation of various local species along the outside boundary of the plant towards the Ghurdang Road, on "5th June 2022 - World Environment Day" in presence of Commissioner- Nagar Nigam, Satna and local representatives and residents of Ghurdang village_ ➢ Industry has informed that there is a proposal of 2500 Nos. plantation of fast growing species during the current year monsoon season along the outside boundary of the plant towards the Ghurdang Road with involvement of local residents.
36➢ Industry has an additional proposal of 2500 Nos. of fast growing species tree plantation during the current year monsoon season at the area like truck policing and A FR shed.
➢ Therefore, there shall be total 5000 Nos. plantation by November 2022.
➢ Maintenance will be ensured by deploying agency for maintenance of tress.
10 . The possibility of more co-incineration of polythene and AFR should be explore and to achieve the target by MPPCB.
➢ Industry has already co-processed 1989.56 MT plastic wastes received from MSW Processing Facility Rewa during FY 2021-22. ➢ Industry has assured to explore the possibility of more co-incineration of polythene. AFR and other wastes material during the year 2022-23. ➢ Industry has informed that the up-gradation of existing facility shall be taken up to achieve additional 25 to 30% of Total substitution rate (TSR).
➢ The proposed up-gradation shall be completed by July 2023 and he shall be able to increase the use of RDF up to 3000 MT/Year.
11. The industry should comply the new emission norms all the time as notified by MoEF&CC.
➢ Industry has assured for strictly compliance and shall maintain the new emission norms all the time as notified by MoEF & CC.
12. The unit shall ensure proper calibration and periodic maintenance of all installed CEMS and maintain proper records wr.t calibration.
➢ Industry has assured for proper calibration and Periodic Maintenance of all CEMS and shall maintain proper records with respective calibration.
➢ Industry has planning for centralization of all CEMS and CAAQMS system with auto-calibration facility by December 2022."
3722. Compliance report as submitted by the Central Pollution Control Board has been summarized in light of the objection of the applicant as follows :
S. OBJECTION RESPONSES
No.
1 The Committee never called To facilitate better coordination in
the Applicants while the investigation, the Committee had
conducting investigation interacted with Applicants Sh. Anil
and it was only after Pratap Singh and Sh. Rishiraj Singh
Applicants came to know and had discussed the issues
about the inspection from mentioned in the Petition on the first various sources that the day of the visit itself. Also, the Applicant himself visited MITCH, Regional Officer Satna of the the inspecting officials, area had personally contacted the after which matter was Applicants telephonically and had discussed. Also, false apprised them about the inspection contentions have been to ensure their presence during the made to demonstrate that same.
inspecting team had called for better coordination. The Committee conducted its visits during 2nd to 4th April 2022 and interacted with the Applicants and other residents of Ghurdang Village area on each day of the visits.
2 The Inspecting Team seems This allegation is baseless as the to be hand in glove with the entire monitoring work was employees of the executed under the direct control Respondent No. 9 as and command of the Committee. The resources of the infrastructure support like Hydra Respondent No. 9 were Crain, power supply, and ladders being used from vehicles to were used from local resources for the keys of machines used conducting the monitoring work at for inspection and the site and only for shifting of manpower used for Respirable Dust Sampler. It is also carrying inspection. pertinent to mention here that during the field monitoring such type of local supporters is necessary 38 3 The inspection was carried The Committee performed the out from 2nd to 4th April. Inspection as per the direction of Thus, committee ought to NGT. The Committee had covered all have prepared Factual the relevant technical and scientific Report covering entire aspects mentioned in the Petition observations and and interpreted it in its report after deficiencies which were conducting Ambient Air Quality, found during Inspection. Source Emission Monitoring, Noise However, no Factual Report Monitoring and Ground Water was prepared and in mere Monitoring.
2 days only the Inspection was carried out in hurried The factual Report of the manner by Inspecting Team committee is based on the and no notices/order was Monitoring Data and Physical issued to the Respondent Condition that were observed on site No. 9 for compliance of any during the visit. For reference, direction for any deficiency documentary as well as as pointed out in Factual photographic proof has been Report. No Factual Report provided along with the Report. and Action Taken Report has been filed along with Joint Inspection Report.
There is nothing on record
along with the Report on
the basis of which a
comparative study between
Factual Report and Action
Taken Report could be
carried out.
4 As per Annexure 2 filed Cement manufacturing is a
along with Joint Inspection continuous process and during its report two Coal Mills and production Raw Mill and Cooler two Cement Mills of the were working continuously and the Respondent No. 9 were not remaining Stacks i.e. Coal Mill and operational on date of Cement Mill were operated as per inspections, also 4 major requirement or space available in process stacks were not the Intermediate--Bin. Due to low 39 operational on date of demand on supply--side, no inspection. Therefore, Cement grinding was being done at actual data could not be the time of visit and all the Clinkers gathered. The notional were being stored in Silos. Hence, 2 impact of pollution Cement Mills and 2 Coal Mills were generated from closed Mill not in operation and therefore, could on environment was not not be monitored. However previous looked into by the Continuous Emission Monitoring Inspecting Team. System Data shows that the emission levels were within the prescribed limits.
Hence the statement of National Impact of Pollution generated from a Closed Mill on the environment not being looked into by the inspecting team is misconceived 5 The Inspecting Team has The main Unit was established in categorically found that, 1959 and at that time and concept there is no buffer zone of Buffer Zones did not exist between village Ghurdang resulting in al] the habitation and and Factory of the residential area developed adjacent Respondent No. 9 for to the plant. There is no specified settlement of air borne dust Buffer Zone in between Ghurdang or dilution of any other village and the Unit in question.
pollutants. Generally,
minimum buffer zone is In order to control the emission, the
500 meter which has been unit has installed required air
fixed but in present case pollution control devices i.e. bag i.e. house of Late Sh. Ram house and at required places. To Singh which is located at control the NOx emissions from Raw 12 to 15 meter distance Mill the Unit had completed the from plant. The other Primary Measures i.e. NOx Equalizer houses also located within Duct commissioned at pre--heater to the range of 150 to 200 reduce the NOx emissions. The Unit meter distance. However, has also installed low NOx Burner despite such findings which will further reduce the NOx nothing was proposed to emission as it is a Primary Pollutant tackle this issue. Industry of ambient air. The unit has also 40 ought to have been brought installed Selective non-catalytic in consonance with the reduction System to control the NOx present norms fixed for emissions along with Ammonia establishing such heavy Storage Tank and other allied industry but the Inspecting infrastructure.
Team did not apply their
mind on this aspect. To further control air borne emission,
several recommendations were
mentioned in the Report such as
covered storage of raw material,
improvement in housekeeping,
periodic maintenance of A.P.C.D.,
plantation drive, co--incineration,
belt skirting, fogging system at
wagon tippler area etc. The
recommendation may be enforced
and monitored by the M.P.P.C.B.
through implementation of time
bound Action Plan which may be
submitted by the Respondent No.
09.
6 No consent/permission has The Committee verified the N.O.C. been obtained by the obtained from the C.G.W.B. and Respondent No. 9 for mentioned its issuing number and Ground Water Extraction, validity in the Inspection Report.
Thus, the contentions that Respondent No. 9 has valid permission cannot be believed in absence of any documentary proof.
7 In order to complete the The Regional Office of Satna issued formality of Inspection, a letter on 01.04.2022 to the Inspecting Team has concerned Departments having forwarded letters to Chief jurisdiction over the subject for Medical and Health officer providing the information. The to study the impact of Committee completed its fieldwork pollution on the health of on 04.04.2022 and submitted the 41 local residents and another Report on 23.04.2022 but till the letter to Deputy Director date only the Reply of Health Agriculture to study the Department was received which impact of pollution on was enclosed in the Report as agriculture land and Annexure -- 06. The Committee has another letter to District not received Reply from the other Forest Officer to inform concerned Departments till the last about the area of plantation date of Report submission. and no. of trees planted by the Respondent No. 9 For abatement of pollution in the under Green belt. Reply area in question the Committee has from Chief Medical Officer, already given various relevant Deputy Director Agriculture recommendations.
District Satna and District
Forest officer is yet
awaited. Hence, till the
Report is awaited, some
measures may be taken to
reduce pollution caused by
the respondent No. 9.
8 Entire Inspection Exercise The Applicant gave false information
lacks transparency and to print media and tried to malign
confidence. Copy of the Committee before completion of
newspaper cutting is its monitoring work. Also, since
marked and filed herewith inception of the first meeting the as Annexure-A/12 Applicant appears to be biased towards the Committee's work.
ISSUE 1-- Air Pollution 1 The Inspecting Team has The highest value of P.M. 10 very selectively stated was observed at a Dairy site. about finding of Hence, it was explained and the measurement of P.M. 10 as status of remaining sites was also observed near dairy given in the said report. whereas on other points where measurement of P.M. The re ar e se ve r al r e as on s f o r 10 was above standard no air pollution. It is mainly divided in explanation has been given two categories: Point and Non -- as to why P.M. 10 Point Source. Point sources 42 concentration is high and a r c s t a c k emissions and Non what is the cause of such -- Point sources arc f ugitive occurrence. emissions caused by n e a r b y activity. Both types of e m i s s i o n s cumulatively affected the ambient air quality.
The Committe e observed
various point and non--point
sources of Air Pollution in the
vicinity of the area under
question and all the sources
which are prominent to
create pollution have been
mentioned in the factual report.
The main non -- point
s o u r c e s are movement of heavy
vehicles, road dust, biomass
burning, unpaved roads i n t h e
area etc. The Committee
visually observed high
concentrations of the pollutants
in evening time as compared to
day time due to slow
dispersion of pollutants and
less temperature in night
t i m e . T h e meteorological factors
also play a very crucial role for
dispersion of any pollu tan t
and the s ame h as bee n
reported.
2 The Inspecting Team has The specific short comings
stated that increasing P.M. observed during the visit were Concentration in A.A.Q. is mentioned in the R epo r t an d f o r due to movement of heavy i ts im pr ove me n t, further vehicles, road dust, recommendations have been biomass burning and use provided.
of cow dung, wood, coal
43
briquette. This finding of The NGT vide its order dated
Inspecting Team is false 20.05.2022 directed the State
and Pollution Control Board to ensure
incorrect. Just in order to the implementation of the
save the respondent No. 9 recommendations submitted by the this finding has been Joint Committee and to submit the given whereas Action Taken Report. The Respondent No. 9 is a Compliance Report of the major heavy industry. recommendations is to be This fact is sufficient to submitted by the MPPCB demonstrate the intention of the Inspecting Team to save the Respondent No.
9. There is no coal burning, use of cow dung, wood and biomass burning in the locality as same is based on no evidence. Also, there is no major unpaved role on other side of Factory as stated in report.
3 Various adverse findings
have been recorded by
Inspection Committee like
bulker parking area still
unpaved and same
create fugitive emission
during truck and bulker
movement. However,
nothing was proposed to
tac k l e th is is su e. In
ab s en ce of compliance
report whether parking
area has been constructed
cannot be ascertained.
Thus actual conditions of
pollution remains the
same as it was before
44
Inspection.
4 That, the standard of air at The Committee has given
four monitoring locations various recommendations for
was found above the further improvement in air
N.A.A.Q.S. High q u a l i t y and N.G.T. has also
concentration of pollutants directed the S.P.C.B. for its
were found in evening time implementation. due to slow dispersion of pollutants and heavy The data variation between vehicles movement. Despite C.A.A.Q.M.S. and manual various finding nothing monitoring may arise because of was proposed and no the fact that each data is direction was issued to the location specific and nearby Respondent No. 9 to curb activity affects the same. Also, the the pollution. location where the ambient air quality was monitored, it was It is also surprising to not same as of i n s t al l e d note that data from c o n ti n u o u s ambient monitoring CA.A.Q.M.S. shows that station.
the air quality data within
the N.A.A.Q.M.
stand ards whereas
ac t u al data c o l l e c te d
f r o m s i te demonstrates
higher concentration of
pollution.
Fug it ive E mi ssi on
1 The finding of continuous During the visit, operation of road operation of road sweeping sweeping machine and water machine and water sprinkling was observed by the sprinkling through tanker Committee and the same has been was observed is incorrect reported.
and false.
There is no continuous Recommendation of improvement in water sprinkling inside housekeeping, periodic maintenance factory premises. As on ref A.P.C.D., belt skirting at various 45 date this practice is not location to suppress the dust at allowed otherwise pollution source has already been given by would not have occurred. the Committee Failure of A.P.C.D. was found no Action was taken.
Whether unit adopted
fugitive suppression
activities as a regular
practice even after the Visit
of Inspecting Team that
may be looked only on
surprise inspection.
02 The Joint Committee has The Committee visited the site
categorically found various to assess the factual status of
deficiencies in various compliances and to verify
p ac k a g i n g an d the issues mentioned in the
transferring points. The petition. The same has been
Committee h as stated completed in a scientific manner.
th at more efforts arc
required for controlling the
fugitive emission. As there
is no buffer zone in
between village and
plant. Hence, to control
the fugitive emissions,
high rise tree
plantation or
peripheral management
is required at Ghurdang
village side. However,
whether adequate
measures have been
t ak e n o r n o t h as has
not been looked into
because no compliance
report was prepared by
Inspecting team.
03 Even after inspection not Improvements need to be ensured even a bit of improvement by the Project Proponent as per 46 has been made by the Committee recommendation.
Respondent No. 9 to
ameliorate the
situation. Current
p i c t u r e demonstrating
deposition of dust
inside nearby homes, on
drinking water and on
entire surface which is
marked and filed
herewith as Annexure-
A/13. These pictures speak
volume and say otherwise
than what has been stated
in the joint Committee
Inspection Report.
It has been observed in the
Report that major efforts
required for controlling the
fugitive emission however,
major efforts are
required that has not been
stated.
Stack Emission monitoring
01 Out of 15 Stack Emissions The response to this objection is only 11 were operational already furnished hereinabove at on date of Inspection. The Point 4 of Preliminary Objection.
vertical Coal Mill and
Cement Mill -- 2 of M/s
Birla Vikas Cement were
not in operation due to less
demand and no space in
silo. Those stacks were not
monitored hence total
impact pollution when
industry is fully operational
could not be assessed.
47
ISSUE 2 -- The unit using rice husk and AFR as fuel without any permission and expansion of power plant from 27 M.W. to 33 M.W 1 A.F.R. Permission granted The points mentioned in serial no. to the Respondent No. 9 20 has been investigated which is in force at thoroughly and relevant information present time has not has already been enclosed as annexed along with Annexure -- 04 in the main report. The other issue Report.
raised by Applicants at
Serial No. 20 of the Petition
/Application relating to
A.F.R. has not been
deliberated upon. No
finding has been given on
the issue.
ISSUE 3 - Water pollution caused by the unit and not obtained the permission from CGWB 1 As per drinking water As mentioned in the Report, Cement standard I.S. 10500 the Units arc not categorized under values of T.D.S. and total water polluting unit because there is hardness was found no discharge of any effluent. The exceeding the limit. higher values of T.D.S. may be However, nothing was because of local soil strata or other suggested and proposed to geogenic factors. improve water quality. The Inspecting Team also failed There is no guideline for installation to analyse why there is of O.C.E.M.S. in a tube--well. Such deposition of dust over roof, types of sensor arc required for surface, drinking water effluent monitoring in water and food of the local polluting industries.
resident and failed to
collect sample of water
from nearby residential
homes and school where
dust gets deposited.
48
The Respondent has not
installed Online Continuous
Effluent Monitoring System
(O.C.E.M.S.), Number,
location and depth of tube
wells used by the
Respondent No. 9 has also
not been provided.
2 Ground water is being used The r ain water an by the respondent No. 9 collected in mine pit is the source and the same is of water for industrial purpose.
extracted from Ws Iiirla Corp. Ltd also obtained
borewell. Respondent the N.O.C. from C.G.W.A. vide
No. 9 had forwarded Letter No.
application for CGWA/NOC/NIIN/ORIG/2021/1
permission from 3750 which is valid up to
C.G.W.A. However, some 15.11.2023 and another N.O.C. vide of them were turned down Letter No. by C.G.W.A. with following CGWA/NOC/MIN/ORIG/2021 remark: /9 757 which is valid up to Agenda Item No. 1.4: Ali s 15.12.2023.
Birla Corporation Ltd,
Sahawal Block, Satna The unit has applied for N.O.C. in
District, Madlya Pradesh, Central Ground Water Board for Application No. -- providing the permission of water 214/743/MP/IND/ 2019 withdrawal for supply in This is an existing industry residential c o l o n y , which is located in Sahawal Block of s t i l l under consideration at Satna District, which falls G.W. Department.
under Semi-critical category. The ground water However as informed, to fulfil requirement of the the requirement of drinking industry as 497 KLD water in residential colony, through 31 proposed presently, water is supplied by the borewells. PHED of M.P. Government.
It was observed that The industrial Water requirement 49 since the water demand is fulfilled by the mined water. For is for drinking/ that, the industry had obtained domestic use only for the N.O.C. as mentioned above the residential colony, and which is valid so far.
the revised application
may be submitted
underthe structure
category. Number of
bore wells- proposed
seems to be on a higher
side. The same needs
to be revised as per the
actual yield of wells in
the area.
3 It is submitted that,
number of bore wells
proposed seems to be on
a higher side. The same
needs to be revised as
per the actual yield of
walls in the area. The
respondent No. 9 is
drawing groundwater
without permission.
Thus, appropriate action
be taken against the
respondent No. 9. The
inspecting team has not
annexed copy of CGWA
permission along with
report, thus the
contentions that the
respondent No. 9 has
permission from CGWA
seems to be dubious. A
copy of rejection of
application is marked
and flied herewith as
Annexure-A/14
50
ISSUE 4 -- Adverse effect on the health of the residents and agriculture production is getting reduced because of air pollution 1 To study the impact of This Objection requires no pollution on Agriculture further clarification as already and health of localities, replied in Point 7 of Preliminary the Inspecting Team has objections.
forwarded letters to
concerning officers and
the response of
concerning authorities
on impact of pollution on
health and agriculture is
still awaited.
ISSUE 5 - Other issues i.e. Noise pollution, green belt development, CSR activity 1 As can be seen from The noise monitoring was photographs attached conducted with proper with Report, the Noise procedure in day and night Monitoring Device had mode. The higher noise levels been held in hand by were observed mostly in day, the officers. Thus, it time due to movement of cannot be presumed vehicles.
that they monitored The Committee recommended noise level by holding that the additional belt skirting, machines in hands for plantation at Ghurdang side, 24 hours. periodic maintenance of moving In addition to this, noise parts of machine and pollution was also equipments etc will cumulatively observed in inspection reduce the noise level.
and nothing has been
done. The intensity of
noise pollution before
and after inspection
remains the same as at
the time of operation of
Respondent No. 9 in full
capacity. Admittedly
there is no buffer zone
towards Ghurdang
51
Village hence, noise
pollution is severe
problem which still
exists. Presently nothing
has been recommended
by Inspecting Team to
reduce noise pollution
even if anything
recommended might
have been recommended
but the actual scenario
is different.
2 Respondent No. 9 has The Unit has developed green also not developed belt inside the Plant premises at Green belt around the various vacant lands. Thick plant as per conditions plantation was observed at the of the permission. The Colony, school and hospital epicentre of pollution is area. The details of plantation industrial. plant of given by the Unit are enclosed Respondent No. 9 where as Annexure-08 in the main no Green belt has been Report.
developed around
boundary of plant and
inspecting team found As mentioned in the Report
plantation elsewhere i.e. there is no buffer zone in
at colony, school and between Ghurdang village and
hospital area. A detail the Unit. However,
of plantation attached recommendation has been given
as Annexurc-8 is mere for more plantation wherever
calculation which is not free space is available.
corroborated by any
authentic and credible
documentary evidence
to show that in what
area Green belt has
been developed. In
addition to this,
response of Forest
Officers is also awaited
52
in the present issue.
Green belt to be
developed where
pollution is being
caused and not at some
other place because
people who are living
nearby arc getting
affected due to pollution
and not those people
who are staying at
remote place."
23. The main contention as raised by the learned counsel for the applicant is with regard to the plantation and development of the green belt but due to increasing population in the area, it was not developed but in view of the recommendation the authority has directed to project proponent to develop the green belt. As per report submitted by the CPCB the unit has developed green belt inside the plant premises at various vacant land.
Thick plantation was observed at the colony, school and hospitals.
Recommendations have been given for more plantation wherever free space is available.
24. Through the perusal of records and the contentions raised by the learned counsel for the parties, admitted facts are that the unit was established in 1959 i.e. 63 years back and the human habitation expanded later on.
It was for the State Authorities, District Administration and Town Planning Department to make a policy and to regulate it in accordance with the master plan. Since the big unit and industries cannot be easily shifted thus it is left to the State Govt. to decide the allocation of industrial area and to make a policy for the human habitation by creating a buffer zone. However, the green belt area should be developed in view of the recommendation. The CPCB has reported that the industry/unit is developing green belt area within its premises on 53 available land and plantation is been done, thus the very purpose of filing the present application is fulfilled and in view of the above we further direct that the plantation around the area should be increased by the Municipal Corporation as well as by the project proponent within the premises of the unit where the land is available.
25. The Project Proponent has submitted the compliance with the facts that they have started huge plantation drive on the occasion of Word Environment Day in presence of Commissioner- Nagar Nigam, Satna and residents and representatives from Ghurdang village. On occurrence of good rain, more than 1100 trees were planted along outside the boundary wall within factory lease area, from Ram Singh residence.
However, in few days after plantation, it was found that planted trees are cut and tried to destroy by few unknown nearby residents with bad intention and defaming the company. Further to protect the trees from such social pernicious, in October last week, they started fencing of trees by grouting poles within factory lease area. On 6th November, it was noticed that some social pernicious have destroyed/damaged many grouted poles for fencing.
26. In view of the discussions made above, we accept the recommendations submitted by the Joint Committee and direct the respondents to comply the recommendation in letter and spirit. Original Application No. 19/2022 stands disposed of accordingly.
Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM 29th November, 2022 O.A. No. 19/2022(CZ) PN 54