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Judgment
Though initially question raised in the application related to validity of the order issued by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana, Chandigarh – Respondent No. 3 extending time limit for adoption of Zig-zag Technology for running of the brick kilns beyond NCR area upto 31.07.2019, without any scientific study on carrying capacity for such activity and without any safeguards, which no longer survives after expiry of the said date. However, during proceedings, further issues emerged including permissibility of FCBTK technology kilns, using agro fuel and carrying capacity of the air quality to sustain brick kiln activities in NCR and nearby areas.
The issue of carrying capacity of NCR Region to sustain Zig-zag Technology brick kilns has been dealt with separately in O.A. No. 1016/2019, Utkarsh Panwar vs. Central Pollution Control Board & Ors. by the order of this Tribunal dated 17.02.2021 in light of expert study on the subject of carrying capacity with following directions:-
“1to 19 …………xxx…………………………xxx……………………xxx
Thus, we conclude that going by the order dated 15.10.2020, in ‘severe’ air quality conditions, coal-fired brick kilns cannot be allowed to operate in NCR even if zig zag technology is used and improved procedures are followed, as suggested by the Committee, unless there is switch over to the PNG. All other issues have already been dealt with in the earlier order. In para 7 of order dated 05.03.2020 and para 8 of order dated 23.03.2020, we have already held that compliance by an individual brick kiln, otherwise contributing to pollution load beyond carrying capacity, does not confer a right to continue such activity, when such activity attracts GRAP in ‘severe’ air quality condition. As noted in par 11 of the order dated 15.10.2020, the CPCB has found that there is no assimilative capacity during the period air quality is ‘severe’ and only during months of March to June there is a limited capacity. Inter-se distance of atleast 500 meters is required to be maintained in location of brick kilns. When brick kilns start, they should not be allowed to start simultaneously but their firing should be staggered to avoid adverse impact on the environment. Other safeguards of fugitive dust emission management need to be adopted. In para 18 of order dated 15.10.2020, the issue of non-availability of plea of discrimination to GRAP, attracting some polluting categories and not attracting other polluting activities, has already been dealt with. Accordingly, we reiterate this mandate.
In view of the above discussion, unless there is change to cleaner fuel (PNG), brick kilns beyond the number mentioned in Table 15 above cannot be allowed, in the NCR. Since there is variance of figures given during March to June, only such number can be allowed which can be sustained throughout the period i.e. the minimum figure of a particular month out of the four months which comes to 444 in Haryana (in the month of May) and 200 in UP (in the month of June). Such shortlisting may be done applying a suitable siting criteria taking into account inter-se distance and distance from sensitive locations and compliance of consent conditions for which the CPCB, State PCB may work out an appropriate mechanism. Further, location of brick kilns be scattered on pro-rata basis, in different directions of concerned area, having regard to background and carrying capacity parameters. Needless to say, those brick kilns which switch over to PNG will be entitled to operate even beyond months of March to June and even beyond limited number mentioned, subject to compliance with law.”
With regard to permissibility of FCBTK Technology being allowed in non NCR Region by using agro residue and number of brick kilns which can be allowed in the light of assimilative capacity of the air in non NCR Region in Haryana a report was sought from the Member Secretary, CPCB vide order dated 06.02.2020.
The operative part of the order is reproduced below:-
“4. Accordingly, further report dated 22.01.2020 has been filed by the CPCB. The report does not mention the carrying capacity of the area in question i.e. non-NCR area in the State of Haryana. Though such capacity in respect of Suratgarh area, Distt. Sriganganagar has been assessed and found to be negative. The relevant portion of report is given below:
Estimation of total existing PM10 Load in Suratgarh Area, Rajasthan during
study period:
Total area of Suratgarh in Km2: 2827.56
(Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan)
Mixing Height of Air in Suaratgarh in Km: 1.066154
(Ref: Since site specific mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was considered. No air modeling was done in this study to calculate the mixing height)
Total Volume of Air in Suratgarh in Km3: 2827.56 x 1.066154 = 3014.614
Average measured PMio Concentration of Ambient Air in Suratgarh Area (Ref: Table 8: Ambient Air Quality Results; S.No, 5 & 6) dUring study period: 523 pg/m3 i.e. 523 Kg/Km3
Therefore, Total estimated load of particulate matter (PM to) in ambient air of Suratgarh Area: (3014.614 x 523)/1000= 1576.64 MT
Estimation of Assimilative Capacity w.r.t. PMT in Suratgarh Area,
Total area of Suratgarh in Km2: 2827.56 (Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan)
Mixing Height of Air in Suaratgarh in Km: 1.066154 (Ref: Since site specific
mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was
considered. No air modeling was done in this study to calculate the mixing height) Total Volume of Air in Suratgarh in Km3: 2827.56 x 1.066154 = 3014.614 Particulate Matter (PMio) required to keep Ambient air quality at Satisfactory Level: 100 pg/M3 i.e 100 Kg/Km3 (Ref: Air Quality Index)
Therefore, Assimilative Capacity w.r.t PMio in ambient air of Suratgarh Area: (3014.614 x 100)/1000= 301.46 MT
The other issue dealt with is whether brick kilns can be allowed by using crop residue as a substitute for Zig-zag technology. The observations and conclusions drawn in the report are non-conclusive and cannot be relied upon in terms of small data base of sample size and number of days for which the sampling has been carried out. Besides, more brick kilns in each category should have been covered to avoid statistical errors in decision making. The performance of brick kilns is required to be evaluated against the background concentration and carrying capacity of the area. Comparision in the report has been made with incomparable situations, as was explained during the course of hearing. From the data made available by the joint Committee it is evident that particulate emissions for Zig-zag kilns using coal as a fuel is much lower than brick kilns operating on FCBTK technology using agro-residue as a fuels both with regard to initial firing and mid firing situations. Further, emission levels also vary quite significantly amongst different fuel types under agro-residue category. Further justification of impact of higher PM concentration during initial firing has no scientific logic. The joint Committee has erred in concluding that the impact of higher PM concentration during initial firing may not be significant when overall operation of any brick kiln for a particular season is considered.
It is acknowledged in the report of joint Committee that stack emissions are less in case of kilns operating on Zig-zag technology, compared to the kilns operating on FCBTK technology on the same fuels. The report further mentions that introduction of FCBTK technology using agro-residue may be done only after carrying capacity assessment of specific area, coverying estimation of total existing PM load, assimilative capacity with regard to PM and supportive capacity with regard to PM. Further, in view of large number of brick kilns operating in the area, besides carrying capacity issue with regard to ambient air, there are issues with regard to environmental degradation on account of operation of such large number brick kilns having potential for loss of productive top soil which takes thousand of years to form and is a prime factor which determines agricultural productivity.
For the above reasons, while the life of impugned order dated 07.12.2018 passed by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana has expired, question whether FCBTK technology can be allowed in non-NCR region of Haryana by using agri-residue will be determined in the light of further report as to the carrying capacity of the area in the light of potential for impact on the air quality of the area and on NCT Delhi specially during the witner months and degradation of top soil.
Accordingly, let the carrying capacity study which has adequate samples in terms of number of brick kilns and days for which the emissions monitored be conducted covering the impact on ambient air and the loss of top soil. Such study may particularly assess the permissible number of brick kilns and technology to be used for the same in the non-NCR region. Let further report in the matter be furnished by the Member Secretary, CPCB by 31.03.2020 by e-mail at [email protected] .”
In pursuance of above, the Member Secretary, CPCB has filed report dated 28.02.2022 as follows:-
“2. Study Findings
In compliance to the above mentioned directions of the Hon’ble NGT, previous reports filed by CPCB and observations of Hon’ble NGT were reviewed to identify the gaps and to design monitoring matrix for generating required data to arrive at conclusion on the issues, as per the direction, dated 30.01.2020. Monitoring matrix was designed to capture emission data covering 5 to 10 Brick Kilns for combination of technologies (FCBTK and Zig-zag) as well as fuel types (coal and varieties of agro-residues). Further, it was planned to monitor each Brick Kiln for three days with three samples on each day. Accordingly, collection of total 585 samples from 65 Brick Kilns were planned, as detailed in Table 1.
Table 1: Monitoring matrix proposed for the study
S. No.
Type of Brick Kiln
Fuel Type
Total number of Brick Kilns and number of days for
which monitoring to be conducted
Number of
Samples per monitoring/Brick Kiln
Total Number of Samples
No. of Brick Kilns
No. of days
1
FCBTK*
Agro-residues (Mustard Straw)
10
3
3
90
2
FCBTK
Agro-residues (Cotton Stalk)
10
3
3
90
3
FCBTK
Agro-residues (Guar Beans)
10
3
3
90
4
FCBTK
Coal
10
3
3
90
5
Zig-Zag
Agro-residues (Mustard Straw)
05
3
3
45
6
Zig-Zag
Agro-residues (Cotton Stalk)
05
3
3
45
7
Zig-Zag
Agro-residues (Guar Beans)
05
3
3
45
8
Zig-Zag
Coal
10
3
3
90
Total
65
585
The overall actual matrix followed by covering brick kilns operating on various technologies and different types of fuels has been summarized in Table 2.
Table 2: Actual monitoring matrix followed for the study
S.
No.
Type of Brick Kiln
Fuel Type
Total number of Brick Kilns and number of days for
which monitoring was conducted
Number of
Samples per monitoring/Brick Kiln
Total Number of Samples
Brick Kilns
Days
1
FCBTK*
Agro-residues (Mustard Straw, Cotton Stalks and Guar Beans and Mixtures of different agro- residues)
40
3 (30 brick
Kilns)
1 (10 brick Kilns)
3
300
2.
FCBTK
Agro-residues (Cotton Stalk)
10
3
3
90
3
FCBTK
Agro-residues (Guar Beans)
10
3
3
90
4
FCBTK
Coal
10
3
3
90
5
Zig-Zag+
Agro-residues (Mustard Straw)
0
0
0
0
6
Zig-Zag+
Agro-residues (Cotton Stalk)
0
0
0
0
7
Zig-Zag+
Agro-residues (Guar Beans)
0
0
0
0
8
Zig-Zag
Coal
21
3 (10 Brick
Kilns)
1 (9 Brick Kilns)
2 (2 Brick kilns)
3
129
Total
71
519
* FCBTK: Fixed Chimney Bull Trench Kiln
+ Not Operational due to non-availability of Carrying Capacity in compliance of Hon’ble NGT Order in the matter of OA No. 1016/2019.
i. 15 Nos. Zig-zag type brick kilns based on agro-residues as fuel,as proposed in the monitoring matrix, could not be monitored as these were located in NCR districts of Bharatpur and Alwar in Rajasthan and were non-operational as per orders of Hon’ble NGT. However, it was possible to monitor and capture emissions from FCBTK type kilns using agro-residues vis-à-vis emissions from Zig-zag type brick kilns to understand if brick kilns using crop residue could substitute to Zig-zag type kilns, which is an important issue for consideration in the matter.
ii. The data generated from the monitoring conducted in 2019 in the same matter, covering initial firing and mid firing period, were also considered while analysing the findings.
iii. Total 71 Nos. of brick kilns operating on various technologies and different types of fuels, involving 519 number of samples, were monitored by CPCB officials for generating stack emission data.
iv. The results of the source emission monitoring conducted during 2020 and 2021 (Particulate Matter [PM] as mg/Nm3 with correction) are presented in the Table 3.
v. The results of source emission monitoring conducted earlier in 2019 and 2020 (PM as mg/Nm3 with correction), covering initial and mid firing periods, are presented in the Table 4.
Table 3: Analysis results of stack monitoring conducted during 2020 and 2021 under stabilized conditions
FCBTK Coal
Ist Round of Monitoring (24/11/20 to
11/06/2021)
2nd Round of Monitoring (7/6/21 to
15/6/21)
3rd Round of Monitoring (12/6/21 to 17/6/21)
S.No.
Name and Address of the Brick Kiln
PM, mg/Nm3
PM, mg/Nm3
PM,
mg/Nm3
1
M/s Bisambhar Dayal Garg Brick Works, Aligarh Village Kudiyaganj, District Aligarh, Aligarh
170
361
409
2
M/s New Baba Eint Udyog,Village Pilkhana, Sikandarpur, Tehsil Koil District Aligarh, Aligarh
187
414
244
3
M/s Vishal Ent Bhatta , Village Kasary, District Aligarh, Aligarh
53
450
540
4
M/s OSN Brick Works, Village Nagla Ausuf Ali, PO Pilkhana, Kauriyaganj, Tehsil Koil, District Aligarh, Aligarh
202
477
262
5
M/s Shivshakti Eint Udyog, Village Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh
149
312
259
6
M/s Mahashakti Eint Udyog, Village Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh
46
297
397
7
M/s Mahajan Brick Works, Village Pilakhana Chauraha, District Aligarh, Aligarh
129
703
576
8
M/s Radha Rani Eint Udyog, Village Kaseri, District Aligarh, Aligarh
80
235
519
9
M/s Jai Gange Eint Udyog, Kasimpur, Aligarh
744
499
542
10
M/s Jai Bhole Eint Udyog, Kasimpur, Aligarh
81
432
538
Zig Zag Coal
Ist Round of Monitoring
(23/12/20 to
2nd Round of Monitoring
(27/12/20 to 18/6/21)
3rd Round of Monitoring (8/6/21 to
S.No.
Name of the Unit
PM, mg/Nm3
PM, mg/Nm3
PM, mg/Nm3
1
M/s Jai Durge Bricks, Village Mouli,
662
140
246
2
M/s B.M brick kiln,Village Mouli,Panchkula
242
76
351
3
M/s Mahalaxmi bricks moulding and fabricating Ind.Pvt Ltd *
298
144
56
4
M/s Bharat bricks company,village mouli,Panchkula *
205
263
408
5
M/s Sagar Bricks,Village Golpura,Panchkula *
495
66
97
6
M/s Mahalaxmi Intt. Udhyog,Village
mouli,Panchkula*
86
156
32
7
M/s Moti Ram Girdhari Lal Manakpur
Road,Ambala city,Haryana *
95
17
58
8
M/s Brick Links Village Sakraon, Ambala city, Haryana *
78
72
117
9
M/s Asian bricks company, Village Kanjnoo,
Near Radaur Yamuna nagar *
17
15
20
10
M/s Goel bricks industries, Village
Kanjnoo, Near Radaur Yamuna nagar *
21
16
38
* PM values in mg/m3
FCBTK Agro
Ist Round of Monitoring (24/2/2021 to 8/6/21)
2nd Round of Monitoring (4/6/21 to 17/6/21)
3rd Round of Monitoring (8/6/21 to 21/6/21)
S.No.
Name of the Unit
PM,
mg/Nm3
PM, mg/Nm3
PM, mg/Nm3
1
M/s Balaji Eint Udyog, Village Makrol, Iglas, Beswan, Aligarh
149
767
223
2
M/s Madhav Brick Industries, Village Nayabas, Beswa, Iglas, Aligarh
480
158
110
3
M/s Radha Ent Udyog, Village Nayabas, Beswa, Iglas, Aligarh
234
99
122
4
M/ Shree Radha Rani Eint Udyog, Village Korah, Raghupura, Atrouli Aligarh
219
90
49
5
M/s Jaharveer Baba Eint Udyog, Village Bhavigarh, Atrouli, Aligarh
179
82
102
6
M/s Ayodhya Ent Udyog, Village Surajpur, Atrouli, Aligarh
60
178
89
7
M/s Ankit Eint Udyog, Satlauni Khurd, Iglas, Aligarh
252
77
87
8
Shri Krishna Eint Udyog, Gangagarhi Mursan Road, Iglas, Aligarh
156
299
180
9
M/s R.S. Eint Udyog, Nangla, Juhur, Iglas, Aligarh
162
136
233
10
M/s Komal Eint Udyog, Atrauli, Aligarh
125
159
302
11
M/s Chaudhary Eint Udyog, Village Nayabas, Beswa, Iglas, Aligarh
287
374
525
12
M/s Krishna Kanhaiya Eint Udyaog, Tarsara, Kondali, Iglas, Aligarh
543
433
381
13
M/s Balaji Eint Udyog, Dhana Gadhi, Gonda, Iglas, Aligarh
405
369
400
14
M/s Rakhi Eint Udyog, Satlauni Khurd, Kondli, Iglas, Aligarh
315
278
423
15
M/s Prem Eint Udyog, Gorai Road, Amarour Dhana, Aligarh
520
355
402
16
M/s Akash Eint Udyog, Jahroli, Beswan, Aligarh
434
480
438
17
M/s Gagandeep Eint Udyog, Digsari Gonda, Aligarh
495
365
376
18
M/s Bhavya Brick Works, Kandli, Iglas, Aligarh
331
249
390
19
M/s Shivay Eint Udyog, Kans Ka Gonda, Iglas, Aligarh
546
363
566
20
M/s Maa Bhagvati Eint Udyog, Nagla Jujhar, Iglas, Aligarh
460
344
337
21
M/s Om Sai Eint Udyaog, Mehtapur, road, Mohkampur, Beswan, Aligarh
61
59
427
22
M/s Shivam Bhole Eint Udyog, Hathras road, Iglas, Aligarh
209
188
989
23
M/s Shri Ram Eint Udyog, Mehtapur, Beswan, Aligarh
303
101
589
24
M/s Rewati Balram Eint Udyog, Tamotiya, Iglas, Aligarh
195
120
315
25
M/s Radha Eint Udyog, Chachau Garai, Iglas, Aligarh
173
95
73
26
M/s GD Eint Udyog, Rayatpur, Imliya Mursan road, Iglas, Aligarh
129
134
183
27
M/s Radhey Eint Udyog, Rayatpur, Imliya Mursan road, Iglas, Aligarh
67
77
113
28
M/s Shr Sai Ram Brick Works, Bas Vali, Garoi, Iglas, Aligarh
157
80
157
29
M/s Jai Bharang Eint Udyog, Hathras road, Iglas, Aligarh
66
75
521
30
M/s Shri Vimla Mahesh Eint Udyog, Ahmadpur, Aligarh
408
67
676
* Average of three samples.
Table 4: Analysis results* of stack monitoring conducted in 2019-20 during initial firing and mid firing periods, under stabilized conditions
FCBTK Agro
S.No. Name of the Unit
PM, mg/Nm3
1 M/s Baghla Int Udyog, Village Bhagwansar Chak 1, Tehsil Ganganagar. Rajasthan
703
2 M/s Bhagwansar Int Udyog, Village Bhagwansar Chak 1, Tehsil Suratgarh, Distt. Ganganagar, Rajasthan
642
3 M/s Punia Int Udyog, 28 LNP II, Tehsil Ganganagar, Rajasthan 387
4 M/s Paras Brick Company, Village Khooni Chak, Distt. Hanumangarh, Rajasthan
235
5 M/s Khichad Brick Company, 7 KRW, Dhani Khichadwali, Sardual Share, Ganganagar, Rajasthan
604
6 M/s Aggarwal Brick Company, 7 KRW, Dhani Khichadwali, Sardual
345
Share, Ganganagar, Rajasthan
7 M/s Avtar Brick Industries Ltd, 10 GB, Tehsil Vijay Nagar, Dist Ganganagar, Rajasthan
206
8 M/s Raj Bhatta 7 GB (A), JaitsarTehsil Vijay Nagar, Dist Ganganagar, Rajasthan
397
9 M/s Saccha Soda Ind Udyog Vill 3G, Badli, Dist Ganganagar, Rajasthan
259
10 M/s Rakesh Ind Udyog , 2J Bada, Khatiabana Dist Ganganagar, Rajasthan
199
Zig Zag Coal
S.No.
Name of the Unit
PM, mg/Nm3
1
M/s Mor Bricks company, Kanoh road vill Nehla, Dist Fatehabad
179
2
M/s Nain Bricks company, Kanoh Road village Nehla, Dist Fatehabad
199
3
M/s Shiv Bhole Bricks company, Kanoh Road vill: Nehla, Dist Fatehabad
282
3
M/s Aggarwal Genuine Makers Brick Company, BKI Bado Patti-I
240
5
M/s Vishwakarma Bricks ,Vill-Mangali Jhara, Dist Hisar
107
6
M/s Haryana Bricks Company, Vill - Kanoh, Dist Hisar
212
7
M/s Vikas BKO Shyamsukh, Dist Hisar
541
8
M/s Shree Ganesh Bricks Co. Paploha, Panchkula, Haryana ( 2 rounds of monitoring)
139/278
* Average of three samples
vi. Before making any conclusion with regard to stack emissions from various types of kilns using different types of fuel, it was important to ensure that the emission data collected in the study is truly representative, therefore, an assessment was also made w.r.t Specific Energy Consumption (SEC) of individual brick kilns monitored in this study, and also to see the variation in fuel feeding during monitoring either knowingly or unknowingly. Therefore, comparison was made only w.r.t. SEC i.e. energy consumed (MJ per Kg of fired brick), amongst the kilns from a particular area using similar type of clay. The reported gross calorific values (GCV) of various fuels used by brick kilns covered in the study, weight of the fuel used for a specified period, production rate and average weight of bricks, were used for estimating the SEC.
The analysis of SEC data indicated that in some of the brick kilns the estimated SEC values were too low to manufacture bricks, which shows that the quality of fuels used during monitoring was not adequate and may not give representative stack emission values. Therefore, the emission data generated from the brick kilns with SEC values within the minimum required range of 1.11.5 MJ/kg of fired brick for FCBTK and 0.95-1.30 MJ/kg for Zig-zag kilns (Ref: BEE’s Report on “Market Transformation towards Energy Efficiency in Brick Sector”, December, 2019), was considered for arriving at conclusion. The data collected w.r.t. emission monitoring in the brick kilns, where the SEC values were less than the lower limit (+ 10%) as well as the data having missing values for some monitored parameters were not considered for assessing the performance of different types of the brick kilns.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on Zig-zag method using various types of pulverized coal from various sources varied between 107mg/Nm3 to 240mg/Nm3.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of agro-residues varied between 61mg/Nm3 to 703mg/Nm3.
The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of coal varied between 297mg/Nm3 to 520mg/Nm3.
The performance of different types of brick kilns using various types of fuels, as assessed from the data generated in the present study is summarized in the Table 5.
Table 5: Performance of different types of brick kilns using various types of fuels
S. No.
Type of Brick Kiln
Type of Fuel Used
*Average PM, mg/Nm3
1
Fixed Chimney Bull Trench (FCBTK)
Agro-residues
61-703
2
Fixed Chimney Bull Trench (FCBTK)
Pulverized Coal
297-520
3
Zig-Zag
Pulverized Coal
107-240
* Standards notified by MoEF&CC vide G.S.R. 143(E), dated 22.02.2022: 250 mg/Nm3 (corrected to 4% CO2)
It is evident from the available data that emissions from Zig-zag type brick kilns are significantly lower in comparison to both FCBTK operating on coal as well as agro-residues as fuel.
vii. In order to find out the status of operation of brick kilns in Non-NCR districts in the State of Haryana, the data were obtained from the State Pollution Control Board and are provided in Table 6.
Table 6: Status of Operation of Brick Kilns in Non-NCR Regions of Haryana
S. No.
District
Total No. of Brick Kilns
Zig-zag Type Brick Kilns
1
Ambala
107
106
2
Fatehabad
74
61
3
Hisar
292
192
4
Kaithal
119
90
5
Kurukshetra
59
59
6
Panchkula
62
51
7
Sirsa
204
102
8
Yamunanagar
90
82
Total
1007
743
Note: Only the brick kilns which have been converted to Zig-zag technology, are allowed to operate in the State of Haryana, irrespective of the fuel used.
As per data made available by SPCB (Annexure-2), there are total 1007 brick kilns in Non-NCR districts of Haryana, out of which 743 brick kilns have been converted to Zig-zag technology. As on date, only zig-zag type brick kilns are allowed to operate in the state of Haryana, irrespective of the type of fuel used.
viii. To make an assessment of the carrying capacity of ambient air environment w.r.t. PM2.5 and PM10 concentration, the data from Continuous Ambient Air Quality Monitoring Station (CAAQMS) for the period January 2019 - August 2021, in 8 Non-NCR districts of Haryana were examined (Table 7). It was observed that PM10 concentration was exceeding National Ambient Air Quality Standards (NAAQS) in seven Non-NCR districts of Haryana during the critical period i.e. November to January. The data for PM10 were not available for Panchkula. The data indicated limitations in the carrying capacity in the ambient air environment with regard to any new additional source of emission, including conventional brick kilns using agro-residues.
Table 7: CAAQMS Data of Non-NCR Districts of Haryana
S.
No.
Name of District
Ambala
Kurukshetra
Year
2019
2020
2021*
2019
2020
2021
Parameter
/Months
PM2.5
5.
PM10
0
PM2.5
5
PM10
0
PM2.5
5
PM10
0
PM2.5
5
PM10
0
PM2.5
5
PM10
0
PM2.5
5
PM10
0
1
January
-
-
70
134
74
150
94
165
79
123
97
154
2
February
44
116
68
138
61
116
64
112
72
126
89
161
3
March
33
110
35
79
50
111
42
105
40
77
62
144
4
April
45
150
29
61
45
97
46
153
36
81
55
145
5
May
63
160
43
-
52
103
50
159
56
126
53
131
6
June
58
158
40
-
41
103
42
153
46
98
44
123
7
July
40
91
31
55
42
88
32
84
28
57
36
88
8
August
33
67
24
43
48
92
24
60
20
42
39
90
9
September
38
78
48
132
28
64
34
74
40
94
28
51
10
October
99
190
104
259
51
141
109
212
133
230
79
161
11
November
104
194
113
302
125
218
136
226
138
226
143
261
12
December
95
179
88
178
122
183
120
176
121
192
111
200
S.No.
Name of District
Fatehabad
Panchkula
Year
2019
2020
2021*
2019
2020
2021
Parameter
/Months
PM2.5
PM10
PM2.5
PM10
PM2.5
PM10
PM2.5
PM2.5
PM2.5
1
January
117
187
46
101
93
146
58
50
72
2
February
62
140
50
114
58
145
37
38
54
3
March
54
135
40
67
56
175
37
19
51
4
April
61
226
39
95
49
178
41
20
38
5
May
64
265
55
153
53
193
42
26
38
6
June
55
263
-
-
56
184
46
31
39
7
July
-
176
30
94
33
96
35
32
38
8
August
14
58
22
39
31
100
28
22
33
9
September
14
75
43
83
16
38
39
48
30
10
October
30
169
131
214
51
127
59
56
52
11
November
54
261
245
303
140
289
52
81
62
12
December
-
155
119
206
93
166
62
95
73
S.
No.
Name of
District
Hisar
Sirsa
Year
2019
2020
2021*
2019
2020
2021
Parameter
/Months
PM2.
55.
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
1
January
135
210
86
119
124
164
108
184
40
94
59
111
2
February
77
143
84
134
115
164
79
125
44
111
63
118
3
March
55
111
47
88
90
168
53
105
26
64
54
111
4
April
74
180
42
109
71
176
64
151
34
95
45
106
5
May
99
194
58
156
66
155
75
189
49
148
58
140
6
June
76
194
53
146
65
179
72
197
47
132
60
147
7
July
63
142
38
84
43
98
81
210
23
75
38
92
8
August
34
70
27
56
44
106
49
81
14
40
38
107
9
September
51
95
51
110
36
64
68
116
30
64
17
39
10
October
116
196
126
232
74
137
133
235
78
202
47
132
11
November
188
246
207
300
218
315
133
250
118
260
122
270
12
December (29 days)
129
175
150
215
162
220
64
148
68
136
80
176
S.
No.
Name of District
Kaithal
Yamunanagar
Year
2019
2020
2021*
2019
2020
2021
Parameter
/Months
PM2.5
5.
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
PM2.
55
PM1
00
1
January
-
-
53
110
75
135
109
191
97
152
116
185
2
February
-
-
50
122
54
132
67
134
82
148
91
176
3
March
55
99
29
76
33
143
58
133
48
96
82
168
4
April
64
157
30
80
33
145
79
191
37
87
78
172
5
May
69
166
43
133
37
135
87
177
51
120
60
131
6
June
57
158
40
117
45
144
77
180
47
109
46
129
7
July
48
107
27
70
35
96
59
112
38
79
37
110
8
August
31
61
19
47
34
101
45
88
34
74
48
106
9
September
27
76
33
82
23
55
50
100
61
126
46
134
10
October
62
229
101
222
62
152
126
226
128
262
92
186
11
November
89
233
143
258
156
283
118
221
146
229
130
251
12
December
76
169
83
179
110
212
116
185
146
217
122
250
As the NAAQS specify ambient air quality in terms of annual and 24-hourly average concentration values of particulate matter (PM10 and PM2.5), the monthly average data of PM10 may not be used for assessing the exceedance. In view of this, the compliance with reference to 24 hourly standards were also examined and it was found that the concentration of PM10 exceeds the standards during most of the days in the period November to January. The data w.r.t. the number of days exceeding the standards in a month, for the last three years, is summarized in Table 8.
Table 8: Compliance w.r.t. 24 Hourly National Ambient Air Quality Standards (PM10)
Month
Number of days in a month when the air quality data was beyond prescribed limits
Ambala
Hisar
Fatehabad
Kaithal
Kurukshetra
Sirsa
Yamunagar
Year
2019
2020
2021
2019
2020
2021
2019
2020
2021
2019
2020
2021
2019
2020
2021
2019
2020
2021
2019
2020
2021
1
January
18
22
24
21
18
27
21
13
27
NA
17
24
21
18
28
22
11
18
24
23
27
2
February
14
27
19
23
25
25
25
21
23
11
20
20
15
24
25
20
23
19
18
27
24
3
March
19
7
13
18
10
30
24
3
23
12
8
25
16
10
26
15
1
19
25
11
27
4
April
27
0
9
27
13
27
28
10
23
25
8
25
27
8
23
23
9
14
28
7
27
5
May
30
NA
12
27
26
25
31
28
27
25
23
23
31
23
21
25
20
21
31
21
23
6
June
28
NA
14
25
19
21
28
9
17
24
18
17
26
12
14
28
18
19
29
19
19
7
July
13
30
10
12
8
11
19
8
10
10
3
9
8
3
9
24
8
10
18
5
11
8
August
1
30
11
4
0
16
0
0
15
3
0
14
2
0
13
7
0
15
9
0
15
9
September
6
19
0
9
13
4
5
7
0
5
7
0
4
13
0
17
4
0
13
21
22
10
October
31
31
22
25
31
21
25
31
21
23
31
22
27
31
21
29
31
22
29
31
27
11
November
27
29
30
26
27
30
26
28
30
22
26
30
26
27
30
23
26
30
28
26
30
12
December
29
30
28
26
27
29
24
28
27
25
26
28
28
29
29
24
19
29
28
29
29
ix. The source/stack emissions are not the only source of emissions from the brick kilns, but fugitive emissions are also generated during pre and post firing activities in the brick kilns irrespective of the firing technology used, which may affect the ambient environment within the vicinity of brick kilns. In view of this, various directions have been issued by CPCB from time to time and SPCBs have also incorporated the measures to prevent fugitive dust emissions as conditions of the ‘Consent to Operate’ granted to brick kilns. However, it has been observed that adequate measures were not taken by brick kilns to control of fugitive dust emissions (Annexure-3).
x. In order to assess the impact of brick kilns operations on the quality of top soil, a study was conducted with regard to impact on top soil, wherein, the top soil and excavated/desurfaced soil samples were collected from various locations in Seven Non-NCR Disctricts of Haryana, namely Ambala, Fatehabad, Hisar, Kaithal, Kurukhshetra, Panchkula and Yamunagar. Soil samples (from upper 15 cm layer) were collected from the land where top soil had been removed/desurfaced for brick manufacturing. Samples of top soil (from upper 15 cm layer) were also collected from the same land/site, where soil was not removed for brick manufacturing, as control samples, for comparison. The results of the analysis of soil samples along with location details, are summarized in Annexure-4 (i-iii). The evaluation of soil analysis data indicates that while in some of the samples/sites, soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, some samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. This suggests that further studies are required to establish the impact of brick earth excavation on the fertility of top soil.
xi. The literature review and earlier findings w.r.t. top soil of the State of Haryana were also considered. Grewal and Kuhad (2002) have described the extent of desurfacing in Haryana and its impact on soil productivity and its management (Ref.: Grewal, M.S and M.S. Kuhad, M.S. (2002): Soil Desurfacing: Impact on productivity and its management, Department of Soil Science, Haryana Agriculture University, Hisar, 12th ISCO Conference, Beijing 2002). The findings of this study indicated negative impact of desurfacing of top soil by brick kilns in Haryana (Annexure-5). Priyanka Singh et.al. (2014), in another study, have described the top soil desurfaced by the brick kiln located in Rohtak and Jhajjar districts (Ref. Annexure-6; Priyanka Singh et.al. (2014): Map and identify desurfaced soil in Rohtak and Jhajjar districts in last five years using RS. International Journal of Emerging Science and Engineering (IJESE), 2(4): 2014). Therefore, it may be inferred that area specific measures are required, for preservation of the top soil particularly in the areas, where soil is sourced from agricultural land.
Further, brick kilns monitored in Haryana were not found to be preserving the top soil. No condition of preserving the top soil is prescribed in mining permit/license issued to brick kilns in the State of Haryana for excavation of brick earth (Annexure-7).
xii. For assessing the carrying capacity of the non-NCR Districts of Haryana and determining the number of brick kilns which could be permitted within the available supportive capacity, data of monthly average CAAQMS PM10 concentration in the ambient air during the months of January 2021 - June, 2021 and October 2021 – December, 2021 were considered, for NCR districts of Haryana (Table 7). The CAAQMS data of the District Panchkula was available for PM2.5 concentrations, which was used to extrapolate PM10 concentration for this district based on PM10/PM2.5 ratio of the nearest district i.e. Ambala, in the absence of other data/information.
The details w.r.t total Number of Zig-zag type brick kilns operational in the Non-NCR districts of Haryana were considered, based on information made available by the State Pollution Control Board. Data on geographical area of the Non-NCR districts of the State of Haryana available from the District Census Handbook, Census of India, 2011, and average atmospheric mixing heights for the months of Jan – June, 2021 and October – December 2021 obtained from Indian Meteorological Department (IMD) were used for estimating volume of air available for dispersion of pollutants. (Table 9).
Table 9: Number of Brick kilns, Area and Ambient Air Mixing Height in Non-NCR Districts of Haryana
S. No
Name of District
Total No. of Brick Kilns
*No of Zig Zag type Brick Kilns
Area (Sq.
Km.)
Ambient Air Mixing Height, Km (2021)
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
107
106
1574
0.257
0.286
0.488
0.820
0.738
0.701
0.330
0.263
0.234
2
Fatehabad
74
61
2538
0.265
0.299
0.462
0.730
0.859
0.833
0.438
0.327
0.294
3
Hisar
292
192
3983
0.269
0.297
0.453
0.696
0.831
0.859
0.450
0.323
0.292
4
Kaithal
119
90
2317
0.248
0.258
0.423
0.752
0.764
0.742
0.323
0.262
0.237
5
Kurukshetra
59
59
1530
0.257
0.290
0.491
0.856
0.745
0.700
0.328
0.263
0.239
6
Panchkula
62
51
898
0.241
0.320
0.608
0.935
0.752
0.689
0.343
0.295
0.227
7
Sirsa
204
102
4277
0.271
0.381
0.567
0.779
0.909
0.795
0.460
0.340
0.299
8
Yamunanag ar
90
82
1768
0.233
0.300
0.483
0.771
0.646
0.580
0.292
0.231
0.200
Total
1007
743
* Only Zig-zag type brick kilns are permitted to operate in the State of Haryana
Emission load from Brick Kilns was calculated considering the data w.r.t average stack diameter and velocity, temperature & pressure of flue gas and standard of 250 mg/Nm3 at 4% CO2.
The value of emission load derived with stack emission of 250 mg/Nm3, is as follows:
Emission load from brick kilns having capacity of 30000 bricks/day, considering stack PM emission of 250 mg/Nm3 at 4% CO2: 1000 Kg/day
The large particles may get separated and settled due to Zig-zag flow of the flue gas in the brick kilns, therefore, it was assumed that the particle size of particulate emissions from the brick kiln stacks were broadly upto 10 μm. The following components were derived in order to assess the carrying capacity of Non-NCR Districts of Haryana w.r.t. PM10:
(i) Estimation of Existing Pollution Load w.r.t PM10
(ii) Estimation of Assimilative Carrying Capacity w.r.t PM10
(iii) Estimation of Supportive Carrying Capacity w.r.t PM10
Estimation of total existing PM10 load:
Total area of the district in Km2: a; Average Atmospheric Mixing Height during a particular month in Km: b
Total volume of air in the district during a particular month in Km3: a x b = c
Average ambient PM10 Concentration in the district for a particular month in Kg/Km3: d
Therefore, Total estimated load of particulate matter (PM10) in ambient air of a district during a particular month (x): c x d= x Kg
Estimation of Assimilative Carrying Capacity w.r.t. PM10:
Total volume of air in a district during a particular month in Km3: c
Particulate Matter (PM10) required to keep ambient air quality within prescribed NAAQS: 100
μg/m3 i.e. 100 Kg/Km3
Therefore, Assimilative Capacity w.r.t PM10 in ambient air of a district during a particular month (y): c x 100= y Kg
Estimation of Supportive Capacity w.r.t. PM10:
Supportive Carrying Capacity (z) = Assimilative Carrying Capacity (y) - Total Estimated Load (x)
The district-wise PM10 load, Assimilative Carrying Capacity and Supportive Carrying Capacity, as determined by using the above methodology are summarized in Table 10 (i-iii) for Non-NCR Districts of Haryana.
Table 10: Total Existing PM10 Load, Assimilative Carrying Capacity and Supportive Carrying Capacity in Non-NCR Districts of Haryana
(i): Total PM10 Load
S. No.
Name of District
Total PM10 Load, Kg (x)
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
60683
52293
85260
125196
119646
113648
73238
90244
67402
2
Fatehabad
98195
110035
205197
329788
420767
389004
141179
239849
123865
3
Hisar
175714
194004
303122
487902
513030
612430
245552
405250
255868
4
Kaithal
77573
78908
140153
252646
238975
247567
113755
171796
200122
5
Kurukshetra
60554
71436
108177
189904
149320
131733
80796
105024
73134
6
Panchkula
31164
31035
55690
63812
51322
48260
32033
32849
29762
7
Sirsa
128656
192285
269182
353169
544291
499832
259699
392629
225073
8
Yamunanagar
76210
93350
143463
234458
149619
132282
96024
102510
88400
(ii): Assimilative Carrying Capacity
S. No.
Name of District
Assimilative Carrying Capacity, Kg (y)
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
40456
45080
76811
129068
116161
110337
51942
41396
36832
2
Fatehabad
67257
75886
117256
185274
218014
211415
111164
82993
74617
3
Hisar
107143
118295
180430
277217
330987
342140
179235
128651
116304
4
Kaithal
57462
59779
98009
174238
177019
171921
74839
60705
94397
5
Kurukshetra
39321
44370
75123
130968
113985
107100
50184
40239
36567
6
Panchkula
21642
28736
54598
83963
67530
61872
30801
26491
20385
7
Sirsa
115907
162954
242506
333178
388779
340022
196742
145418
127882
8
Yamunanagar
41194
53040
85394
136313
114213
102544
51626
40841
35360
(iii): Supportive Carrying Capacity
S.
No
.
Name of District
Supportive Capacity, Kg (y-x)
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
-20228
-7213
-8449
3872
-3485
-3310
-21296
-48848
-30570
2
Fatehabad
-30938
-34149
-87942
-144514
-202753
-177589
-30014
-156856
-49247
3
Hisar
-68571
-75709
-122692
-210685
-182043
-270290
-66317
-276599
-139564
4
Kaithal
-20112
-19129
-42144
-78407
-61957
-75645
-38916
-111091
-105725
5
Kurukshetra
-21233
-27066
-33054
-58936
-35335
-24633
-30612
-64785
-36567
6
Panchkula
-9522
-2299
-1092
20151
16207
13612
-1232
-6358
-9377
7
Sirsa
-12750
-29332
-26676
-19991
-155512
-159810
-62957
-247211
-97191
8
Yamunanagar
-35015
-40310
-58068
-98145
-35406
-29738
-44398
-61670
-53040
In the districts, where the supportive carrying capacity is available (Positive Supportive Carrying Capacity) in a particular month, number of Zig-Zag brick kilns that can be operated, is determined as follows:
Total number of brick kilns which can be operated in a district during a particular month: Supportive Carrying Capacity of the district for a particular month/Emission load from one brick kiln.
However, as all the zig-zag type brick kilns were in operation during Jan-June, 2021 and Oct-Dec, 2021, the number of brick kilns which can be operated within the available supportive carrying capacity was determined as follows:
No. of brick kilns which can be operated = Total number of Zig-Zag brick kilns operational in that particular month – (Negative Supportive Carrying Capacity or Load in excess of Assimilative Capacity/ Emission Load from one brick Kiln)
The load in excess of the assimilative capacity and month-wise number of brick kilns which can be operated within the assimilative capacity/available supportive carrying capacity during Jan-June and October-December are presented in Table 11 (i) and Table 11 (ii) respectively, for Non-NCR districts of Haryana.
Table 11 (i): PM10 in excess of Assimilative Carrying Capacity
S.
No.
Name of District
PM10 Load in excess of the Assimilative Capacity, Kg
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
20228
7213
8449
-3872
3485
3310
21296
48848
30570
2
Fatehabad
30938
34149
87942
144514
202753
177589
30014
156856
49247
3
Hisar
68571
75709
122692
210685
182043
270290
66317
276599
139564
4
Kaithal
20112
19129
42144
78407
61957
75645
38916
111091
105725
5
Kurukshetra
21233
27066
33054
58936
35335
24633
30612
64785
36567
6
Panchkula
9522
2299
1092
-20151
-16207
-13612
1232
6358
9377
7
Sirsa
12750
29332
26676
19991
155512
159810
62957
247211
97191
8
Yamunanagar
35015
40310
58068
98145
35406
29738
44398
61670
53040
Table 11 (ii): Number of brick kilns which can be operated with the Assimilative Carrying Capacity/Available Supportive Capacity
S.
No.
Name of District
No. of Zig Zag type brick kilns
*No. of brick kilns which can be operated
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
106
86
99
98
110
103
103
85
57
75
2
Fatehabad
61
30
27
-27
-84
-142
-117
31
-96
12
3
Hisar
192
123
116
69
-19
10
-78
126
-85
52
4
Kaithal
90
70
71
48
12
28
14
51
-21
-16
5
Kurukshetra
59
38
32
26
0
24
34
28
-6
22
6
Panchkula
51
41
49
50
71
67
65
50
45
42
7
Sirsa
102
89
73
75
82
-54
-58
39
-145
5
8
Yamunanagar
82
47
42
24
-16
47
52
38
20
29
*Negative values indicate that no brick kiln can be operated
xiii. The number of brick kilns which could be permitted to operate in a particular district within the assimilative carrying capacity/available supportive capacity of the ambient air environment was estimated as explained above. Based on the evaluation of the data and estimation of the carrying capacity as explained in the previous section, there is no assimilative capacity available in the ambient air environment in the Non-NCR districts of Haryana for simultaneous operation of all the existing brick kilns, during the period i.e. October to June, even after adopting Zig-zag technology. The outcome of the month-wise and district-wise estimation w.r.t. the number of brick kilns which can be operated within the assimilative capacity/available supportive capacity without any negative effect on the ambient air is summarized in Table 12.
Table 12: Month-wise and District-wise estimation of the number of Zig-zag type brick kilns, which can be operated in Non-NCR Districts of the State of Haryana
S.
No.
Name of District
No. of Zig Zag type
brick kilns
*Month-wise number of Zig-zag type brick kilns, which can be operated without affecting the ambient air quality I.e. within the assimilative capacity/available supportive capacity
Jan
Feb
Mar
Apr
May
Jun
Oct
Nov
Dec
1
Ambala
106
86
99
98
110
103
103
85
57
75
2
Fatehabad
61
30
27
-27
-84
-142
-117
31
-96
12
3
Hisar
192
123
116
69
-19
10
-78
126
-85
52
4
Kaithal
90
70
71
48
12
28
14
51
-21
-16
5
Kurukshetra
59
38
32
26
0
24
34
28
-6
22
6
Panchkula
51
41
49
50
71
67
65
50
45
42
7
Sirsa
102
89
73
75
82
-54
-58
39
-145
5
8
Yamunanagar
82
47
42
24
-16
47
52
38
20
29
* Negative values indicate that no brick kilns can be operated.
xiv. With regard to the impact of brick kilns’ operation in Non-NCR districts of Haryana on the air quality of NCT of Delhi, it is submitted that a joint study on “Source Apportionment of PM2.5 and PM10 of Delhi NCR for identification of major sources” was conducted by Automotive Research Association of India (ARAI) and The Energy and Resources Institute (TERI) for Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, New Delhi. The study, based on data for 2016, assessed sectoral and sub-sectoral contribution using receptor and dispersion modelling techniques and indicated that brick kiln industry contributed about 5% and 7% w.r.t. PM10 emissions in summer and winter respectively, in ambient air of Delhi and NCR (relevant part of the report is attached as Annexure-8). It was also assessed that, with conversion to Zig-zag technology, the contribution of brick kiln may come down to further 2% (Summer) to 4% (Winter). The Zig-zag technology in brick kilns of NCR regions has been implemented w.e.f. 30.9.2017 and the brick kilns which have not adopted Zig-zag technology have been closed down by the respective SPCBs, thus reducing the number of operational brick kilns in NCR regions by around 50%. Therefore, the estimated contribution of brick kilns in the ambient air (PM10) of Delhi NCR for the base year 2019 is expected to be further reduced. It may please be submitted that the above estimates are for brick kilns operated in the entire area and not-just limited to Non-NCR districts of Haryana.
Dispersion modelling technique was again applied for assessing the impact of brick kilns located in Non-NCR districts of Haryana on the air quality of NCT of Delhi for the base year 2019. The results indicate the impact of operation of brick kilns in Non-NCR regions of Haryana, on air quality of Delhi NCR (PM2.5 and PM10) to be negligible in both summer and winter. Therefore, it may be inferred that the operation of brick kilns in Non-NCR regions of Haryana, with all dust control measures in place, is not expected to have significant impact on the ambient air quality of NCT of Delhi, though it might affect the nearby areas.
Submission
Following submissions including conclusion drawn from the monitoring results and the above analysis are made:
Analysis based on the available data indicate that emissions from Zig-zag type brick kilns are significantly lower in comparison to FCBTK operating with Coal or Agro-residues as fuel. Therefore, conventional brick kilns using agro-residues may not be substitute to Zig-zag based kilns.
Study conducted on Top soil and Excavated/desurfaced soil in Seven Non-NCR Districts of Haryana indicted that while at some of the samples/sites, different soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, other samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. Further studies may be required to establish the impact of brick earth excavation on the fertility of top soil. However, the literature/research studies suggest that the fertility of top soil is negatively affected by use of top soil in brick manufacturing. Therefore, area specific measures are required to preserve the top soil.
The preservation of top soil should be incorporated in the mining plan/Mining License issued by the Mining Department to Brick manufacturers. The submission of the compliance report of the conditions of mining license, may be incorporated as one of the conditions of ‘Consent to Operate’ granted by State Pollution Control Boards (SPCBs).
The overall fugitive dust emissions from all type of brick kilns, irrespective of the firing technology (FCBTK or Zig-Zag) adopted, are similar and most of the brick kilns monitored in the present study were also observed to be lacking in the implementation of the fugitive dust emissions control measures specified by the respective State Pollution Control Boards. Therefore, the brick kilns and SPCBs must ensure adherence to the conditions prescribed in the ‘Consent to Operate’.
The CAAQMS data w.r.t. PM10 concentration in the ambient air for the last three years were found to be exceeding the prescribed ambient air quality standards in Non-NCR districts of Haryana, indicating limitation in the carrying capacity of ambient air environment.
The outcome of dispersion modelling study for the data of the base year 2019 indicates that operation of brick kilns in Non-NCR districts of Haryana are expected to have negligible contribution on ambient particulate matter concentration (PM10 and PM2.5) in NCT of Delhi. However, it may impact ambient air quality in the nearby areas.
It may also be pertinent to submit that air quality within a district may have significant spatial variations. Therefore, SPCBs may take up detailed study in the brick kiln clusters with more number of monitoring stations, through satellite based Aerosol Optical Depth (AOD) data or use of appropriate models to further refine spatial air quality profile and carrying capacity.
It is submitted that carrying capacity of environment is usually referred as the maximum population that can be sustained by specific environment.
The carrying capacity of the air environment of an area will depend on the pollution load and capacity of dispersion of pollution. The carrying capacity can be enhanced through various means including technology interventions. The Hon’ble NGT order dated September 09, 2021 in the matter of OA No 19/2021 recognizes the concern that particulate matter concentration are higher in the central Indian /Indo Gangetic plains as compared to Southern, Eastern/North-eastern parts of the country and there was a need to maintain balance in developmental activities and environmental protection, air pollution problems of Indo-Gangetic Plain and requirement of a good scientific framework to deal with the issues related to carrying capacity, development, technologies, mitigation measures, etc. for environmentally sound development. Hon’ble NGT has directed for preparation of such a science based expert report on the issue.
In the districts with restrictive carrying capacity (Table 12), the selection of brick kilns which can be operated may be made in such a manner that there is distance of 800 mtr between two operational brick kilns and all the brick kilns permitted to operate must be complying with the conditions of the consent to operate and various guidelines/directions issued for dust control measures, so as to ensure minimum localized impact on the ambient air.
MoEF&CC vide Notification G.S.R. 143(E), dated 22.02.2022 notified revised standards for brick kilns (Annexure-9). Key features of revised standards are:
(i) Standard for PM emissions from stack of brick Kiln revised to 250 mg/ Nm3
(ii) New brick kilns shall be based on zig-zag technology or vertical shaft or use of PNG as fuel
(iii) Existing brick kilns shall be converted to zig-zag technology or vertical shaft or use of PNG as fuel in brick making within a period of one year in case of kilns located within a 10 km radius of non-attainment cities and two years for other areas
(iv) Only approved fuels such as PNG, coal, fire wood and/or agricultural residues are permitted; Use of pet coke, tyres, plastic, hazardous waste shall not be permitted
(v) Permanent facility for port hole and platform according to the norms laid down by the Central Pollution Control Board (CPCB) will be provided
(vi) Brick kilns should follow Fugitive dust emission control guidelines as prescribed by concerned State Pollution Control Boards (SPCBs), and ensure that the roads for transporting raw material or bricks arc paved roads.”
We find that the report is based on relevant data and needs to be adopted. Accordingly, we direct the State PCB to follow the same for any future consents under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Further, notification dated 22.02.2022 issued by MoEF&CC which has notified revised standards for brick kilns in respect of technology to be used, standards to be followed and converting the existing brick kilns to new technology needs to be followed. However, in view of changing air quality levels, studies may have to be undertaken periodically and present study followed till there is perceptible change in the air quality.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Haryana and State PCB by e-mail for compliance.
In view of the order passed above in the main application, all pending IAs will also stand disposed of.