National Green Tribunal
National Green Tribunal Southern Zone vs Ministry Of Environment Forest And ... on 8 July, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.10:
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: 08.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. M. Sumathi for R1.
Dr. D. Shanmuganathan for R2 to R5, R8.
Mr. R. Thirunavukarasu for R6.
Mr. C. Kasirajan through
Ms. D. Ashwini for R7.
Mr. R. Sankaranarayanan, ASGI along with
Mr. Jayesh B Dolia for R9.
1
ORDER
1. As per order dated 05.08.2020, this Tribunal had considered the interim report of the joint committee received by e-mail dated 05.08.2020 which was extracted in Para 3 of the order and then, passed the following order:-
"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 efiling.
7. 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."
2. The case was posted to 25.11.2020 for consideration of further report and thereafter, the matter has been adjourned from time to time by successive notifications. Again, it was taken up on 11.06.2021 and this Tribunal had 2 directed the Pollution Control Board as well as the Joint Committee to submit further report and posted the case to today for that purpose.
3. When the matter came up for hearing today through Video Conference, Mrs. M. Sumathi represented 1st respondent, Dr. D. Shanmuganathan represented respondents 2 to 5 & 8, Mr. Thirunavukarasu represented 6th respondent, Mr. C. Kasirajan through Ms. D. Ashwini represented 7th respondent and Mr. R. Sankaranarayanan, Assistant Solicitor General of India along with Mr. Jayesh B Dolia represented 9th respondent.
4. The 9th respondent has filed their revised and updated compliance status report dated 30.06.2021 e-filed on 30.06.2021 and received on 07.07.2021 which reads as follows:-
"Compliance status as of June 25, 2021 of the direction issued by the TNPCB Sl. TNPCB directs dt 20.05.2020 Compliance status as Compliance status as No. per Joint Committee per MFL as of verification on 25.06.2021 17.11.2020
(i) To restart the unit only after The unit has installed Job Completed.
installation of at least two ammonia ammonia sensors Details: Photo sensors at the rear end of the unit printout of the towards the village direction where Ammonia Gas complaint received. Monitor control unit enclosed (Annexure-1)
(ii) To restart the unit only after Complied. Job Completed.
obtaining approval of updated safety Details: Safety Audit audit report containing the completed and information specified in Schedule - submitted the report 8 from the competent authority to DISH (Directorate notified in Schedule -5 as per the of Industrial Safety Rule 10 of the Manufacture, Storage and Health) copy 3 and Impact of Hazardous Chemical enclosed (Annexure-2) Rules, 1989 as amended.
(iii) The unit shall comply with the directions issued vide Proc. Dated 12.05.2020.
1. The unit shall operate and maintain Complied. Job completed.
the sewage treatment plant (CETP Details: The treated as stated by the unit) components sewage samples efficiently and continuously so as to collected from STP by achieve the treated sewage the TNPCB in the past standards prescribed by the Board periods are meeting consistently and ensure that the all the standards treated sewage is completely utilized prescribed by the for gardening within the unit Board. copies premises without any stagnation. enclosed (Annexure-3)
2. The unit shall provide RO plant for Civil structure Job completed.
the entire quantity of trade effluent completed. Yet to Details: one of the generated from cooling tower as install machinery. existing RO stream Cooling Water Blow Down (4800 Unit committed to dedicated to treat KLD), Boiler Blow Down (30 KLD) complete by January CWBD. and DM plant regeneration (300 2021. New Plant: Civil KLD) as reported which is one of structure completed.
the CEPI long term action plan. Photo copies enclosed
(annexure - 4)
equipments erection
job is in progress.
Due to Covid-19
lockdown restrictions
the vendor could not
come on a regular
basis. Expected to be
completed by Dec.
2021.
3. The unit shall ensure zero liquid Gutter water recovery Job completed.
discharge of trade effluent, thereby sump about 100 KL Details: Gutters have no discharge of untreated/treated capacities been constructed trade effluent on land or into any constructed. inside the plants to be water bodies either inside or outside However, the unit used as storm water the premises at any point of time. shall provide separate drain. The water from drainage system for gutter is collected in a storm water, stream Gutter Water recovery condensate and sump and pumped process back to cooling water leakage/spillage blow down plants.
water. Hence, under normal
operating conditions
no water will be
discharged to the
ground. Steam
4
condensate and steam
leakages are being
attended as and when
it occurs and not
connected to storm
water drain. Steam
condensate lined up to
CT basin. Photo
printout enclosed
(Annexure - 5).
4. The unit shall connect all EMFMs It is informed that the Job initiated.
provided to care Air centre, TNPCB output from EMFMs Details: Tender
and CPCB available locally but floated for supply and
could not be uploaded installation on
due to out dated model 21.12.2020. Due to instruments. Hence, the non-fulfilment of latest EMFMs pre-bid criteria by all procurement initiated the vendors, the and tendering in tender had to be progress. Unit cancelled (proof committed to complete attached) and by January 2021. subsequently tender was re-floated on 09.04.2021 (proof attached) Technical evaluation is underway. Price bid will be opened and AOW given to the selected vendor. Due to Covid-19, procurement process is getting delayed.
Expected to be
completed by Dec.
2021. Copy enclosed
(Annexure-6)
5. The unit shall stop the discharge of It is informed that Job Completed.
underground pipe line leakages underground pipe line Details: Photo
(Fire water) into old SEP's leaks were attended. printout enclosed
(lagoons) and to plant green belt by One acre land is (Annexure-7)
planting native & local specific earmarked in ETP and
species immediately. 150 Saplings were
planted as part of
Green Belt area
development.
6. The unit shall replace the furnace It is informed that Job initiated.
5
oil usage with LNG for the boilers of tender floated and the Details: Tender
capacity 55T/Hr each before June installation expected floated in Feb 2021
2020, as reported. to be completed by and Bid submission
June 2021. time was extended
based on Bidder's
request. Bids opened
on 30.03.2021. AOW
issued on June 16,
2021 to M/s. Thermax,
Pune. Material
supply and
installation period is 8
months. Proof
enclosed (Annexure-
8). Hence, the entire
process will be
completed by
Feb.2022.
7. The unit shall apply for renewal of Renewal HWA Job initiated.
authorization under the provisions application was Details: As suggested
of Hazardous & other wastes submitted, but was by TNPCB, an
Management & Trans' boundary returned with some Agreement entered
movement) Rules, 2016 queries by TNPCB. with TNPCB
As per TNPCB authorized vendors
directive, proposal and application
sent to MFL board resubmitted for
and approval obtained authorization.
for disposing HW Awaiting reply from
through authorized TNPCB (annexure-9)
recyclers. The unit is
in the process of
selecting the vendors.
8. In order to prevent the formation The unit has ensured Job Completed.
and accumulation of toxic gases to comply. Details: Cleaning of
inside the tanks and to prevent the sludge is being
occurrence of fatal accidents, while carried out by
cleaning the tanks, adequate mechanical means
ventilation arrangements should be only. Vehicle with
provided in all the concealed tanks suction motors
located both above and below employed. Payment
ground level which are meant for receipt cleaning
storing/ holding the effluents, activity is enclosed
rejects, sludge, permeate water and (Annexure-10)
raw water etc., the sludge
accumulated in the ETP components should be cleaned mechanically only and manual cleaning of the sludge 6 should not be carried out under any circumstances.
9. The unit shall obtain & furnish Complied. The unit Job completed.
certificate of stability from the has certificate of Details: copy enclosed competent authority as notified in stability from the (Annexure - 11) Sub rule (3) of Rule 12 B of the competent person as Tamil Nadu Factories Rules, 1950 authorized by DISH as for the pollution abatement notified in Sub rule (3) measures provided in the unit. of the 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 short term and long term action plan in CEPI area as committed by the unit without fail.
10 (I) SHORT TERM ACTION PLAN
Action Plan Completion Target Compliance Status as Compliance status as
per Joint Committee per MFL as of
verification on 25.06.2021
17.11.2020
Feed stock conversion August 2019 completed Job completed.
form Naphtha to LNG Details: Copy of letter
which will reduce sent to Jt. Secretary,
energy consumption of DOF, signed by
ammonia and urea Director Technical is
plants. enclosed (Annexure-
12)
110 T/hr ATA and August 2019 Completed Job Completed.
process condensate
boiler fuel change and
furnace oil to LNG
Construction of a December 2019 Construction of sump Job Completed.
sump to recover all the completed. However, Details: Gutter water
water let out into the the unit shall provide recovery sump about
gutter which will be separate drainage 100 KL capacities
pumped to the cooling system for storm eater, constructed. Photo
water blow down steam condensate and printout enclosed
treatment plant where process (Annexure -5).
it will be treated and leakage/spillage water Gutters have been
used for cooling water constructed inside the
makeup. plants to be used as
storm water drain.
The water from gutter
is collected in a gutter
water recovery sump
and pumped back to
cooling water blow
7
down plants. Hence,
under normal
operating conditions
no water will be
discharged to the
ground. Steam
condensate and steam
leakages are being
attended as and when
it occurs and not
connected to storm
water drain. Steam
condensate line up to
CT Basin. Photo
printout enclosed
(Annexure-5).
Dedicated RO to treat June 30, 2020 Civil structure Job completed.
cooling water blow completed yet to Details: One of the
down plant outlet. install machinery unit existing RO stream
committed to complete dedicated to treat
by January, 2021. CWBD.
New Plant: Civil
structure completed.
Photo copies
enclosed. (Annexure-
4) Equipment erection
job is in progress.
Due to Covid-19
lockdown restrictions
the vendor could not
come on a regular
basis. Expected to be
completed by Dec.
2021.
10 (II) LONG TERM ACTION PLAN
Action Plan Completion target Compliance Status as Compliance Status as
per Joint Committee per MFL as of
verification on 25.06.2021.
17.11.2020
Increasing Green Belt 1 acre to be brought On progress. Job initiated
area under green belt Details: 150 saplings
every year planted this year.
Photo printout
enclosed. (Annexure-
7) Another 90
saplings planted near
South gate area on
8
June 5, 2021.
Additionally 60 on
June 5, 2021.
Additionally 60
saplings were planted
opposite to Admin
Block and Training
Centre.
Change of fuel from July 31,2020 It is informed that Job initiated.
furnace oil to RLNG tender floated and the Details: Tender
for boiler 1 and 2 (55 installation expected floated in Feb 2021
T/hr each) to be completed by and Bid submission
June, 2021. time was extended
based on Bidders'
request. Bids opened
on 30.03.2021. AOW
issued on June 16,
2021 to M/s. Thermax,
Pune. Material
supply and
installation period is 8
Months. Proof
enclosed (Annexure-
8). Hence, the entire
process will be
completed by Feb
2022.
11. The unit shall continue It was informed that Job initiated.
develop green belt by already one acre of Details: 150 saplings planted identifying land through land is earmarked this year. This process will be Revenue Department and inside MFL in ETP and continued to increase Green belt always the native species 150 saplings were area every year utilizing the shall be planted planted as part of the available land inside MFL.
green belt area Photo printout enclosed development. One (Annexure-7). This year another acre/year will be 150 saplings were planted on earmarked and new June, 2021.
plants will be planted accordingly.
12 The unit shall undertake The unit informed that Job completed.
CSR activities with priority CSR activities are being Details: Some of the activities to provide drinking water carried out regularly. carried out during the year facility, computer facilities 2017-2020 are given in and adequate toilet facilities attachment (Annexure-13). A in girls' schools and medical oxygen plant costing colleges women education Rs.36 lakhs is being installed especially in rural and semi (June, 2021) in Govt. Stanley 9 urban areas. Hospital, Royapuram in aid of Covid-19 patients. Manali and Mathur village public (about 125 Nos.) were provided with rice and groceries on June 17, 2021.
13. The unit shall provide Procurement action Job initiated.
reverse plastic vending initiated and will be Details: Tender floated on machines in prominent provided before December 22, 2020 and PO public places so as to collect December 2020. issued on 21.01.2021 and waste plastic bottles so as to amended on 03.02.2021 as per achieve the target of vendor's request. The vendor banning one time use and did not respond in spite of throw plastics in Tamil several mails and phone calls. Nadu and encourage The tender is being cancelled recycling options. and fresh procurement action is taken. (Annexure - 14).
14. The unit shall operate and As per the monitoring Complied.
maintain the existing air results carried out by Details: As per IIT report the pollution control measures IIT, Chennai during PM emission from urea provided to emission August 26 to 28, 2020 demister. NPK and Ammonia sources efficiently and the unit is not carrying. plant boiler stacks are well continuously so as to within the limits except Utility achieve the Ambient Air boiler stack. The reasons for Quality/ Stack Emission high PM emission values are due standards prescribed by the to excess oxygen used for Board. combustion in boiler. Hence, it is clarified that higher PM emission is not actual but die to O2 value used for calculating PM values. Apart from the above, the concentrations of HF, CO2, No2 and SO2 are well below the national standards.
Ambient air quality was measured at 11 locations and values are within the limits in 7 locations. At 4 locations, the PM exceeded limits per report which are located in the direction of SE-NW. Out of 4, 2 Nos. are placed at NW and 2 Nos. are located of SE direction of utility boiler. Hence, higher PM in ambient air could be due to other industries which are located surrounding our factories on NW and SE 10 directions. Because of the PM values are within norms for analysers located on N, NE, W, SW and SW.
Also, periodical stack samples are being taken by TNPCB Board. The ROA of AAQ ( 8 stations) and stack emissions (6 sources) monitoring survey conducted by the board lab on 04.03.2020 and 05.03.2020 reveals that the parameters are well within the standards prescribed by the Board. Copies enclosed (Annexure -1 5).
15. The unit shall ensure that Complied. All the Job completed.
the online stack sensors parameters NH3 in prill Details: November 2020 report provided for the parameters tower demister, HF & taken online enclosed. (annexure NH3 in urea prill tower and PM of NPK C stack are - 16) HF and PM in NPK train connected to care air care calibrated regularly centre, TNPCB and and operated and ensure CPCB that the output of the sensors are connected to TNPCB and PCB sever all times.
16. The unit shall re- It is informed that at Yes, train both A & B are not on commission the NPK train A present train A & B are line. & B only after installation not planned or of HF & PM online stack commissioning.
sensors in the stack attached to each train.
17. The unit shall install PM PM analyser installed Job completed for process analyser for the common in process condensate condensate and 110 ATA boilers stack attached with process boiler, 70 T/hr & 110 stack PM deals connected to condensate boiler 70 T/hr T/hr boilers. care air centre. December 2020 and 110 T/hr boiler and report has taken online is PM, Sox and Nox analyser enclosed (Annexure - 17). for the common stack 80% completed for boiler 1 & 2: attached with boiler 1 and 2 Analyser materials received at (55T/hr each ) as reported. MFL stores. Installation was under progress. The erection engineer got affected with Covid-19 and work got suspended. Now with the Covid-
19 situation being at ease, installation will be resumed and 11 expected to be completed by July, 2021. (Annexure-18).
18. The unit shall install 11 Complied. 11 sensors Job complied.
Nos. of new ammonia installed and Details: Connected to TNPCB. sensors in the ambient air functioning since Photo printout of the ammonia on or before June 2020 as September 2020. gas monitor control unit reported as the existing 10 enclosed. (Annexure-1) ammonia sensors were not functioning since, 2015 due to Vardha Cyclone.
19. The unit shall restore the Out of 5 CAAQM Fourth station (ETP location) CAAQMS stations with the stations, North gate made ready on Dec 29, 2020 and sensor parameters such as station is working. ETP now two stations are in line. PM10, PM2.5, SOx, NOx, station partially Details: For remaining three CO, NH3 and )3 as the one restored. For stations, tender floated. PO station near North gate is in remaining 3 stations issued and materials received at operate and connected to Tender floated and in MFL site on 07.04.2021. CAC, Chennai and the the final stage of Installation is underway. Due to remaining four stations contract finalizing. The Covid-19 lockdown restrictions were not in operation since unit committed to it is delayed. Expected to be 2016 due to Vardha completed by March completed by July 2021. Cyclone. 2021. (Annexure-19)
20. The unit shall rectify the Defects have been Job completed.
roof defects in the rectified. Details: MFL has rectified the temporary Hazardous waste But sufficient are for roof defects. Photo printout storage shed for the proper storage of HW is not enclosed (Annexure-20) storage of hazardous waste provided. During In general, the waste oil and till its disposal. inspection, waste found spent catalyst drum will be very stored in drum and kept less in numbers and more free in open area. space will be there. During feed stock conversion in June 2019, huge quantity of spent catalyst (130 MT) was generated. This has forced MFL to store them in the open area temporarily (but stored in closed drums). Once this is solid, our storage requirement will be very less hence the existing shed is sufficient. However, as per NGT committee recommendations, MFL will increase the storage area too.
125. They also mentioned that further steps were taken and they will be able to complete the same soon. They also filed an application for authorization under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 before the Tamil Nadu Pollution Control Board and that is pending.
6. The counsel appearing for the Central Pollution Control Board (CPCB) as well as the Tamil Nadu Pollution Control Board (TNPCB) wanted some more time to file their respective reports to this Tribunal as directed.
7. The 9th respondent as well as the committee and the State Pollution Control Board are directed to file their further progress cum compliance cum action taken report to this Tribunal on or before 25.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. In the mean time, the State Pollution Control Board is also directed to submit a status of resubmission of application for authorization submitted by the 9th respondent as well.
9. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu Pollution Control Board and also to the 9th respondent by e-mail immediately so as to enable them to comply with the direction.
1310.For consideration of further report, post on 25.08.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A. No.70/2020 08th July, 2021. Mn.
14