SC stays NGT order against pollution in Chandrapur Super Thermal Power Station

Mumbai: The Supreme Court (SC) has stayed a recent order of the National Green Tribunal (NGT) penalising MAHAGENCO for polluting activities around the Chandrapur Super Thermal Power Station (CSTPS)

Mumbai: The Supreme Court (SC) has stayed a recent order of the National Green Tribunal (NGT) penalising MAHAGENCO for polluting activities around the Chandrapur Super Thermal Power Station (CSTPS). In response to a Public Interest Litigation (PIL) by Chandrapur industrialist Madhusudhan Roongta, the NGT on January 19 this year had directed CSTPS to pay a fine of ₹5 crore toward environmental compensation and formulate a plan to remedy the local ecology.

NGT on January 19 this year had directed CSTPS to pay a fine of ₹5 crore toward environmental compensation and formulate a plan to remedy the local ecology (Agencies)

While the interim fine of ₹5 crore has been paid by CSTPS to the Maharashtra Pollution Control Board (MPCB), the NGT in its order had also imposed a recurring fine of ₹1 crore every month, for the next three months, in case the plant fails to upgrade its pollution control system within that time.

The remedial measures are to be overseen by a court-appointed joint committee, comprising representatives from the state and central pollution control boards. However, MAHAGENCO last month approached the Supreme Court seeking a stay on the added penalty since the union environment ministry’s deadline for compliance with emissions standards.

The Supreme Court on February 28, while staying the NGT’s directions, said, “The direction to pay further compensation of ₹1,00,00,000/- (Rupees one crore) per month for next three months and all other directions passed by the National Green Tribunal in the impugned order are stayed until further orders.” The matter will be listed after three months.

Thermal power plants within 10km radius of critically polluted areas or non-attainment cities (which did not meet the annual national standard for particulate matter emissions from 2011 to 2015) will have to meet the standards by December 31, 2023, the union environment ministry said in a notification issued in March last year. Though the deadline for superior emissions standards was initially set at December 2017, it has been extended multiple times since. The process requires a mechanical fix in the form of installing flue gas desulphurization (FGD) systems that help to control SO2 emissions from thermal power plants at source.

The NGT-appointed committee first visited the CSTPS site in January 2021. “Source emission monitoring of stacks attached to all the operational units were carried out. It was found that all monitored stacks exceed the concentration of sulphur dioxide.”

The committee also found that particulate matter emissions were exceeded by one of the seven operational units at CSTPS, and concentration of nitrogen oxides were exceeded at another. The committee was informed that tender for installation of flue gas desulphurization (FGD) unit was under process, however the same has not yet been installed more than a year later.

The committee also noted that “ambient air quality was found exceeding the NAAQS for PM 10 at all three monitoring locations and PM 2.5 for two locations. CSTPS need to take more efforts to mitigate the dust emission from various activities,” the committee later submitted to the NGT. The committee also noted that “CSTPS has not achieved 100 % fly ash utilisation as per the condition of CCA. Huge quantity of fly ash was found dumped in the ash bund. CSTPS needs to prepare an action plan for 100% utilisation of present fly ash generation and plan for legacy ash dumped in the ash bund.”

In its order from January, the NGT summarised the list of non-compliances. “Installation of flue gas desulphurization (FGD) is still pending. Run of water from the rejected coal storage area is not properly treated. Discharge of ash slurry is seen during the pipeline maintenance. Ambient air quality is exceeding in all the three monitoring locations. Dust emission has not been remedied. 100% of fly ash utilisation has not been achieved in terms of consent conditions,” the bench remarked, based on submissions by the committee.

An official with MAHAGENCO, seeking anonymity, said, “We have already engaged a company to ensure scientific removal of fly ash from the bund. The material is being sent to other parts of the country by rail depending on the requirement, and we have achieved 45% utilisation.” The official did not comment on the pending installation of FGD technology.