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Judgment
Challenge in these applications is to Notification issued by the MoEF&CC dated 07.12.2015 with respect to standards of emission from and water consumption in thermal power plants, laid down by Notification No. S.O 3305 (E) dated 7th December, 2015 as follows:-
“2. In the Environment (Protection) Rules, 1986, in Schedule — I, -
(a) after serial number 5 and entries relating thereto. the following serial number and entries shall be inserted, namely:—
Sr.
No.
Industry
Parameter
Standards
1
2
3
4
"5A.
Thermal Power Plant (Water consumption limit)
Water consumption
i. All plants with Once Through Cooling (OTC) shall install Cooling Tower (CT)and achieve specific water consumption upto maximum of 3.5m3/MWh within a period of two years from the date of publication of this notification.
ii. All existing CT-based plants reduce specific water consumption upto maximum of 3.5m3/MW11 within a period of two years from the date of publication of this notification.
iii. New plants to be installed after l' January, 2017 shall have to meet specific water consumption upto maximum of 2.5 m3/MWh and achieve zero waste water discharge.
(b) for serial number 25, and the entries related thereto, the following serial number and entries shall be substituted, namely:-
Sr.
No.
Industry
Parameter
Standards
1
2
3
4
"25
Thermal Power Plant
TPPs ( units) installed before 31st December, 2003*
Particulate Matter
100 mg/Nm3
Sulphur Dioxide ( SO2)
600 mg/ Nm3 (Units Smaller than 500MW capacity units) 200 mg/Nm3 (for units having capacity of 500MW and above)
Oxides of Nitrogen ( N0x)
600 mg/Nm3
Mercury ( Hg)
0.03 mg/Islm3(for units having capacity of 500MW and above)
TPPs ( unite) installed after lit January,2003, upto 31st December, 2016*
Particulate Matter
50 mg/Nm3
Sulphur Dioxide (S02)
600 mg/Nm3 (Units Smaller than 500MW capacity units)
200 mg/Nm3 (for units having capacity of 500MW and above)
Oxides of Nitrogen (N0x)
300 mg/Nm3
Mercury ( Hg)
0.03 mg/Nnt3
TPPs ( units) to be installed from 1.s, January, 2017**
Particulate Matter
30mg/Nm3
Sulphur Dioxide (SO2)
100 mg/ Nin3
Oxides of Nitrogen ( 0x)
100 mg/ Nm3
Mercury (Hg)
0.03 mg/Nm3
*TPPs (units) shall meet the limits within two years from date of publication of this notification.
**Includes all the TPPs (units) which have been accorded environmental clearance and are under construction".
According to the applicant, the norms are not adequate for protection of environment and stricter norms for emissions and water consumption are required. With regard to emission, it is inter alia stated that installation of FGD should be mandatory, there should be zero PM emission, there should be zero mercury concentration and stricter standards for nitrogen oxide should be laid down. The applicant has also suggested stricter norms for other pollutants.
The Tribunal issued notice to the respondents which include the MoEF&CC, CPCB, Ministry of Power and Ministry of Water Resources. Reply of the MoEF&CC is that it &CC has considered all pollution related issues in relation to thermal power plants including impact on agricultural production due to emissions, emission of heavy metals affecting the soil, impact on water resources, impact on biological functioning of living beings, hazardous impact of radioactivity from coal ash and pressure on water resources. Considering these aspects, norms have been laid down in the light of practicality and techno-economic achievability. Some of the standards have been further revised on 07.03.2016. Identical replies have been filed by CPCB and Ministry of Power. The applicant has filed rejoinder.
The issue was being considered by the Tribunal till it was brought to its notice that the same issue was also being dealt with by the Hon’ble Supreme Court in W.P No. 13029 of 1985, M.C Mehta v. UoI & Ors. Vide order dated 25.07.2018, the Hon’ble Supreme Court directed the learned ASG to convene a meeting with the concerned senior officers in the Ministry of Power and Ministry of Environment to indicate the timeline for reducing air pollution. Vide further order dated 07.09.2018, certain suggestions were considered. The matter has been further considered by the Hon’ble Supreme Court on 26.11.2018, 10.12.2018, 08.04.2019, 12.07.2019, 05.08.2019, 29.07.2020, 31.08.2020 and 02.02.2021 and is still pending.
In view of the fact that the matter is being considered by the Hon’ble Supreme Court, the Tribunal had adjourned the proceedings to await further orders.
When we have taken up the matter today, we are informed that the proceedings are still pending before the Hon’ble Supreme Court.
We have considered the matter and are satisfied that the same deserves to be disposed of as far as the Tribunal is concerned leaving it open to any concerned parties to take further remedies after decision of the Hon’ble Supreme Court.
Learned counsel for the applicant in first OA submits that proceedings before the Hon’ble Supreme Court are confined to air pollution and do not cover the issue of water consumption by the thermal power stations.
We have considered the said issue of water consumption. In our view the matter of reviewing the standards is a dynamic exercise which is integral to functioning of statutory regulators and the MoEF&CC. This Tribunal can determine substantial questions of environment and issue directions for protection of environment on satisfaction that there are violations calling for such directions. Thus, the suggestions of the applicant for stricter norms has to be looked into by the concerned administrative authorities. We have not found any scope for our interference on the material before us. Norms have been laid down after expert study and considering objections of the applicant. We thus do not find any ground to pass any further order.
The application will stand disposed of accordingly. This will however not affect remedies of the applicant to give suggestions to the concerned authorities.