CAG environment Audit Reports on Air Pollutioniced.cag.gov.in/wp-content/uploads/2013/02/ARs-on-Air-pollution.pdf · Environmental pollution due to air pollution and hazardous waste

[CAG environment Audit Reports on Air Pollution]

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Chapter IV

Audit reports on Air Pollution

Audit of pollution control by the Transport Department, Mizoram.

Failure of the Department to arrange apparatus for smoke emission test led to plying of

vehicles without pollution under control certificates and also loss of revenue of Rs.2.99

crore.

Government of Mizoram in June 1999 notified that every motor vehicle shall comply with

the standard of vehicle smoke emission as prescribed by Central Government as laid down

under rule 115 and 116 of the Central Motor Vehicles Taxation Rules, 1989. Accordingly, all

vehicle owners were required to produce their vehicles for test in the offices of respective

DTO and obtain pollution under control certificate valid for six months on payment of fee of

Rs.150 per vehicle with effect from 28 May 2002.

Test check of records of the Directorate of Transport, Mizoram in March 2006 revealed that

despite issue of notification, not a single test could be conducted during the year 2004-05 and

2005-06 by the Departmental officers for want of apparatus. Thus, failure on the part of

Government to arrange apparatus for emission test not only resulted in plying of 49,826

vehicles without „pollution under control certificate‟ during the years 2004-05 and 2005-06,

but also led to loss of revenue of Rs.2.99 crore. Besides, there is also an attendant risk of

environment pollution.

After this was pointed out, the Department while accepting the facts in June 2006, attributed

the loss to non availability of apparatus and stated that steps are being taken to acquire the

same.

The case was reported to Government in April 2006; their reply had not been received

(November 2006).

Performance audit of pollution control in Thermal Power Stations of Bihar State

Electricity, Bihar

Ineffective pollution control in Thermal Power Stations of Bihar State Electricity Board

Introduction

Thermal Power Plants (TPPs) have been identified as one of the major polluting industries.

Air is polluted by Suspended Particulate Matter (SPM), and emission of SO2 and NOx δ

gases, land is polluted by coal slurryΘ

and water is polluted by slurry flowing into the rivers.

Bihar State Electricity Board (BSEB) owns two TPPs; Barauni Thermal Power Station

(BTPS) and Muzaffarpur Thermal Power Station (MTPS) situated at Barauni and Kanti

respectively. Of the seven units at BTPS only twoη

are functional. MTPS comprises two units

both of which have been shutdown since October 2003.


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Pollution Control Measures in TPPs

The TPPs are required to control pollution by installing Electro Static Precipitators (ESP),

reduction of particulate matter emission upto 100mg/m3

, installation of opacity

meters/continuous monitoring system with proper calibration, reviewing stack height

requirement, use of beneficiated coal as per GoI notification (March 2003), entering into a

„fuel supply agreement‟ with coal companies to meet requirement of coal as per Central

Electricity Authority‟s (CEA) matrix, setting up their own coal washeries and selecting

private entrepreneurs to set up coal washeries near pitheads, installation of coal beneficiation

plants, adoption of dry fly ash extraction/dry disposal system, or medium (35 - 40 per cent)

ash concentration slurry disposal system, or lean phase with 100 per cent ash water

recirculation system, depending upon the site specific environment, and construction of two

separate ash ponds at TPP

.

In order to protect the environment, conserve top soil and prevent dumping of fly ash

discharge from coal based TPPs, GoI notified (September 1999) that TPPs should provide

dry ash/fly ash to users outside the premises or allow uninterrupted access to such users. The

fly ash was to be used in brick kilns, construction of roads and dams, cement manufactories

and landfills.

Achievements of the Board in controlling pollution

ESPs were installed at Units 6 and 7 of BTPS and 1 and 2 of MTPS at the time of their

commissioning. Stack Emission Monitoring Tests and Ambient Air Quality Tests were being

conducted by a (GoI recognized) private agency in MTPS till its closure in October 2003.

In BTPS, the stack emission monitoring was done departmentally upto January 2002 and

discontinued thereafter for which there were no recorded reasons. BTPS did not have any

report on Ambient Air Quality.

Opacity meter/continuous monitoring system with proper calibration do not exist in BTPS

or MTPS.

The pollution levels on different parameters for BTPS (latest report of January 2002) and

MTPS (latest report of August 2003) are summarised in the table below.

Test Pollutant CPCB Norms Actuals

MTPS BTPS

SEM∗ SPM 150mg/m3 324.6mg/m3 310mg/m3

SO2 NS 125.7mg/m3 102mg/m3

Stack Emission Monitoring. SPM norms as per Gazette of India, General Emission

Standards, published by Ministry of Environment & Forests, 19 May 93

NOx NS 47.3mg/m3 87mg/m3

AAQ SPM 500µg/m3 315µg/m3


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SO2 120µg/m3 29.8µg/m3 NA

NOx 120µg/m3 19.9µg/m3

NS – Not specified NA – Not available

Non-completion of chimney work at MTPS

A Public Interest Litigation on the pollution of Ganga was filed in the Hon‟ble Supreme

Court, which directed BSPCB∆

to inspect industries including TPPs polluting Ganga directly

or indirectly. The BSPCB inspected MTPS and found that air pollution was above the

permissible limit. Based on this report, the Supreme Court directed MTPS to either increase

the height of the existing chimney from 125 to 220 metres or construct a new 220 metre high

chimney as per the norms and the rules notified by GoI. Accordingly, work order for design

and construction of a new 220 metre high RCC chimney was awarded to Gammon India

Ltd., Mumbai (Contractor) for a cost price of Rs 8.99 crore in April 1995.

Meanwhile, CPCB in January 1996 concluded that TPPs sanctioned by CEA prior to 1 July

1984 might not be required to increase the height of existing chimneys as per regulations

notified by GoI in August 1990. In view of this, BSEB filed an affidavit in the Supreme Court

praying for exemption from increasing the chimney height to 220 metres and suo moto

stopped the work. The matter is subjudice and the work is incomplete. Neither was the work

order cancelled nor was mobilisation advance recovered. The Contractor, however,

demanded Rs 93.00 lakh (upto November 1997) at the rate of Rs 3.00 lakh per month as

compensation for idle establishment, which has neither been accepted nor rejected by BSEB.

The SPM concentration in stack emission was more than double the CPCB norm which

could have been reduced by raising the stack height. Thus, stoppage of the work of

construction of the new chimney of the required height is not justified as the existing height

is ineffective in controlling pollution.

Quality of coal

Coal linkage to TPPs of BSEB is provided by CEA. There are no proposals to either set up

own coal washeries or to select private entrepreneurs to set up coal washeries and install coal

beneficiation plants.

Further, the boilers of the TPPs in BSEB have been designed to consume slack coal of Grade

D but the coal received at these TPPs was of inferior grading i.e. E, F and G (ungraded).

Consequently, coal consumption and pollution are high vis-a-vis the norms. As „fuel supply

agreements‟ were not made with the coal companies supply of quality coal could not be

ensured.

Construction of ash ponds

Dry fly ash extraction/dry disposal system does not exist in either BTPS or MTPS.

Presently, the fly ash/bottom ash generated is sent to ash ponds as slurry which dries after


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settlement. Ash users lift dry ash from ash ponds. This is the system prevalent in both BTPS

& MTPS. BTPS has two ash ponds of 143 acres and 102 ac es and MTPS has only one ash

pond of 290 acres. A second ash pond is to be constructed in MTPS. The system of ash

disposal envisaged in GoI‟s notificationψ

has not been adopted either by BTPS or MTPS.

Disposal of coal ash

BTPS and MTPS published notices in the local press allowing free lifting of coal ash to brick

kilns, cement manufactories to construct roads and dams and fill low lying areas.

The ash disposal in BTPS during 2003-04 was only 14.69 thousand ton and ash remaining in

the ash ponds was 3 million tons. Ash disposal in MTPS upto 2001-02 was 4.36 lakh ton and

balance lying in the ash pond till March 2004 was approximately 1 million ton. Thus

disposal of ash at both plants has not been satisfactory leading to a large pileup of ash.

Conclusion

The infrastructure in BTPS and MTPS for controlling pollution is inadequate. Facilities to

test SPM and flue gases emission are inadequate and hence emission checks are not of the

desired frequency. The height of the chimney at MTPS is less than that required to effectively

control pollution due to which the stack emission of SPM was more than double the CPCB

norm. Ash disposal too was ineffective at both BTPS and MTPS and ash disposed off is

negligible compared to the quantity generated. The fuel supply agreements were not made

with coal companies for supply of beneficiated coal as a result supply of quality coal could

not be ensured. The matter was reported to the Board/Government (June 2005); their replies

had not been received.


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Implementation of Acts and Rules relating to air pollution in Andhra Pradesh

Highlights

Environmental pollution due to air pollution and hazardous waste was not controlled in

the State as the provisions of Air (Prevention and Control of Pollution) Act were not

enforced effectively. The concentration of air pollutants increased steeply during 1996-

2000 in residential, commercial and other sensitive areas (schools, hospitals, etc.) in the

twin cities of Hyderabad and Secunderabad, and Visakhapatnam mainly due to increase in

the number of vehicles. Naso respiratory symptoms, chronic bronchitis and bronchial

asthma increased in Hyderabad due to hi gh air pollution. Ambient air quality levels was

not monitored. The ambient noise levels in all the test-checked cities are significantly

high. The State Board did not effectively enforce the provisions of the Act for abatement

of air pollution due to vehicular and industrial emissions. Implementation of the Union

legislation on hazardous waste management is still in its infancy. In Hyderabad,

RangaReddy and Medak districts, hazardous waste were dumped in vacant lands along

roadsides causing contamination of soil, ground water and surface water and atmospheric

emissions. The implementation of Hyderabad Waste Management Project at Dindigal

was badly delayed. State Board was not aware how the bio-medical waste generated by

large number of private health institutions were disposed of. None of the urban local

bodies in the State implemented the Municipal Solid Waste (Management and Handling)

Rules, 2000. The State Board did not conduct survey to assess the adverse affects on

health and environment due to exposure to untreated hazardous waste.Co- ordination

lacked among the various departments responsible for abatement of air pollution.

Monitoring of polluting industries, etc. by the State Board was very poor. Failure to fix

norms/targets for inspections of industries till 1998-99 and heavy shortfalls in the

inspections thereafter indicated that the machinery of the Pollution Control Board was

virtually non-functional in these areas.

AP Pollution Control Board could utilise only 45 per cent of the total receipts during 1996-2001.

Despite having large unspent funds, the State Board did not effectively enforce the provision of the

Act for abatement of pollution. [Paragraph 7.5.4]

The concentration of air pollutant viz. suspended particulate matter (SPM) had increased steeply

over the 5-year period 1996-2000 in the twin cities of Hyderabad and Secunderabad. [Paragraph

7.5.5A(ii)]

The residential and sensitive areas (hospitals, schools, etc.) of Visakhapatnam also recorded very

high concentration of SPM and Respirable SPM, going even up to 300.9 g/cu m and 112.5 g/cu m

against the standards of 70 and 50 g/cu m respectively. [Paragraph 7.5.5A(iii]

In Hyderabad and Secunderabad, 4.25 lakh vehicles plying on the roads were either not subjected

to emission tests or were not fit for issue of ‘pollution under check (PUC)’ certificates. The air

pollution due to emission of pollutants from such vehicles remains unabated. Ai r pollution load

had increased from 491 tonnes per day in 1995 to 1123 tonnes in 2000. [Paragraphs 7.5.5 B and


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7.5.5B(i)]

The ambient air noise levels in twin cities of Hyderabad and Secunderabad, and Vijayawada and

Visakhapatnam, had gone up to as high as 102 decibels (dbs), 116 dbs and 92 dbs respectively

against the prescribed standard of only 65 dbs; the State Board failed to take steps to arrest the

noise levels. [Paragraph 7.5.5E]

Prevalence of respiratory morbidity attributable to vehicular air pollution, naso respiratory

symptoms, chronic bronchitis and bronchial asthama was reported in commercial areas of

Hyderabad and Secunderabad. [Paragraph 7.5.7 (a) and (b)]

Co-ordination lacked among the various departments responsible for enforcing the provisions of the

Act and Rules for abatement of air pollution. Monitoring by the State Board was very poor.

[Paragraph 7.5.11]

7.5.1 Introduction

Due to industrialization and urbanisation, environment get contaminated, threatened,

damaged and destroyed, which has a direct impact on the quality of life of all living

organisms.

Government of India (GOI) enacted (March 1981), the Air (Prevention and Control of

Pollution) Act, 1981, which aimed at prevention and control of air pollution. Subsequently,

the Environment (Protection) Act, 1986, was enacted by the Parliament as umbrella Act to

cover all the specific and general provisions left by earlier enactments. In March/June 1992,

GOI prepared a National Conservation Strategy and Policy Statement on Environment and

Development, which provides for specific steps to attain the goals of an environmentally-

wise society with the cooperation of State governments, industry, local bodies and the public.

Bio-medical Waste (Management and Handling) Rules, 1998, issued by GOI made it

mandatory for every occupier of an institution generating, collecting, receiving, storing,

transporting, treating, disposing and/or handling bio-medical waste to apply for and obtain

authorisation from the State Board.According to Municipal Solid Waste (Management and

Handling) Rules 2000, municipal authorities responsible for collection and disposal including

landfills of municipal solid waste, wereto obtain authorisation for setting up waste processing

and disposal facilities.

7.5.2 Organisational set-up

Department of Environment, Forests, Science and Technology (EFS&T) in the State headed

by a Principal Secretary is to oversee implementation of the Acts and Rules relating to

environmental pollution in the State. AP Pollution Control Board (State Board), was

responsible for enforcement of the Environmental Acts and Rules. It consists of a Chairman,

a Member Secretary and 7 other members. It has five Zonal Offices (ZOs), 17 Regional

Offices (ROs), a Central Laboratory at Hyderabad, five laboratories in ZOs and 7

laboratories in 7 ROs.


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7.5.3 Scope of audit

Prevention/control/abatement of air pollution and waste management was reviewed during

January - May 2001, by test-check of the records of 1996-2001 of the EFS&T (Environment

Wing) Department in Secretariat, St ate Board and six of its ROs1, the Central laboratory,

four zonal laboratories and two regional laboratories. The results of the review are discussed

below.

This review is the second of a series. A review on water pollution was included in the Report

of the Comptroller and Auditor General of India for the year ended 31 March 2000.

7.5.4. Finance

The source of income of the State Board are its own receipts, viz. fees, etc. and share of

Water Cess received from GOI and assistance from the State Government. Though Rs 15.05

crore was provided in the budgets during 1996-2001, only Rs 9.27 crore were actually

released to the State Board by the State Government.

The receipts and expenditure of the State Board during the period 1996-2001 were as follows:

(Rupees in crore)

Year Share of w ater cess from GOI

Board’ s internal revenues

Assist ance f r om State Governm e nt

Total receipts

Expen- diture

Unspent balance

Allocation Releases Opening Balance 6. 94 - 6. 94 1996- 97 2. 38 5. 97 0. 96 0. 21 8. 56 3. 07 5. 49 1997- 98 2. 12 4. 77 4. 74 3. 68 10. 57 4. 06 6. 51 1998- 99 3. 04 6. 20 4. 43 4. 38 13. 62 5. 20 8. 42 1999- 2000

4. 73 9. 23 2. 54 - - 13. 96 7. 00 6. 96

2000- 01 3. 85 9. 62 2. 38 1. 00 14. 47 18. 54 $ (-)4 .0 7 Tot al 16. 12 35. 79 15. 05 9. 27* 68. 12 $ 37. 87 $ 30. 25

This constituted plan (Rs 8.01 crore) and non-plan (Rs 1.26 crore) and includes Rs.7.05

crore received for implementation of Hyderabad Waste Management Project (Rs 4.65 crore)

and for upgradation of laboratory facilities under World Bank-aided Pollution Prevention

Project-II (Rs 2.40 crore). Besides, technical aid was also made available by Australian

Government for construction of treatment, storage and disposal facility (TSDF) at Dindigal

village (RangaReddy district) under Hyderabad Waste Management Project. $ includes Rs

7.49 crore kept in the Personal Deposit (PD) account of the State Board from time to time

during the period 1996-2001 and treated as lapsed by the State Government in November

2000. Thus, during 1996-2001 the State Board could utilise 45 per cent of the total available

funds. Of the total unspent balance of Rs 30.25 crore, Rs 29.11 crore were invested in term

deposits and Rs 1.14 crore in current account.

i) Lapse of project/schemes funds kept in PD account: Out of the unspent balances, Rs 7.49

crore were kept from time to time during 1996-2001 in the PD account (non bearing interest)


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of the State Board as per orders of the government (Note below the above table refers).

Computed even at 5 per cent per annum, the Board was incurring loss of interest of as much

as Rs 37 lakh per annum. The unspent balances of Rs 7.49 crore (including Rs 5.50 crore

pertaining to Hyderabad Waste Management Project, etc.) lying in the PD account for over a

year as on 31 March 2000 lapsed to Government account in November 2000.Lapse of these

funds was attributable to tardy implementation of various projects/schemes by the State

Board.

7.5.5 Enforcement and compliance of environmental laws

As per the Environment (Protection) Act, 1986, the State Board is to maintain standards for

the quality of air as well as emission of air pollutants into the atmosphere by industrial plants

and automobiles as prescribed by the Central Board.

A. Industrial air pollution

i) Industries functioning without statutory consent: To establish any industry causing

pollution, prior consent of the State Board is mandatory under the Air (Prevention and

Control of pollution) Act, 1981.

However, the Board did not have up-to-date information about polluting industrial units and

did not co-ordinate with Industries and Commerce Department to obtain such information.

Board also did not have information about new industries established without its clearance.

As of March 2000 there were in all 3100 polluting industrial units located mostly in the 240

industrial estates in the State. Of these, 1900 were categorised „red‟ (highly polluting 2) and

1200 „Orange‟ (less polluting) based on the level of pollution. The major defaulters are bulk

drug, chemical, dyes, distilleries, paper and pulp industries.

In the six test-checked ROs, there were 2189 polluting units of which, 938 were categorised

„red and 1251 „orange‟ as of March2001.

ii) Air pollution in industri al/residential areas of twin3 cities: Monitoring of air quality by

NAAQM 4 stations (set up in 1995) in Hyderabad revealed that the concentration of

suspended particulate matter (SPM) in Banjara hills – a residential area, increased from

127g5/cu m in 1996 to 187 g/cu m in 2000 against the standard of 140 g/cu m. Though the

concentration of other air pollutants did not exceed the standards, concentration of SPM

increased steeply during 1996-2000 in certain areas of Hyderabad as detailed in Appendix

XXXVI. The State Board did not however, take effective action to reduce the industrial

pollution.

No studies had been conducted by NAAQM or State Board in respect of other residential

areas of the twin cities like areas around Charminar till 1999. Government, while admitting

that the pollution around Charminar was highest due to severe traffic congestion and

vehicular pollution, stated (October 2001) that the Board had set up 20 AAQM stations


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throughout Hyderabad and the air quality was being monitored. Government did not

however, furnish the results of analysis of air pollutants in these areas.

iii) Air pollution in residential/sensitive areas of Visakhapatnam: Air pollution analysis

made by the ZO, Visakhapatnam, during May–December 2000 in residential areas and

sensitive areas (hospitals, schools, etc.) revealed that concentration of SPM recorded at St.

Alloysis and St. Parish schools (no analysis was available for other sensitive areas) ranged

between 58.4 g/cu m and 124.3 g/cu m and 84.0 g/cu m and 300.9 g/cu m respectively

against the prescribed standard of 70 g/cu m. Similarly, maximum concentration of RSPM

recorded at these locations was 112.5 g/cu m as against the prescribed standard of 50 g/cu

m. The concentration of SPM and RSPM at residential areas were 155.8 and 72.5 g/cu m

respectively against the standards of only 140 and 60 g/cu m. Neither the State Board, nor

the Road Transport Authority (RTA) had taken adequate action for reducing/controlling the

air pollution in these areas. No such monitoring was done in other cities by the State Board.

B.Vehicular air pollution

Daily Air pollution load in Hyderabad and Secunderabad increased nearly 3 times. Air

pollution from vehicular emissions is a major concern with regard to human health. As of

March 2001, 18.02 lakh transport and non-transport vehicles were plying in 4 test-checked

cities. Vehicles manufactured more than 15 years ago are considered vintage and more

polluting; such vehicles constitute about 20 per cent in each category.

As per the State Board (October 2001) the total pollution load due to all types of vehicles in

the twin cities had increased from 491 tonnes per day in 1995 to 1123 tonnes in 2000. Petrol

driven vehicles contributed 77 per cent of the total pollution load. As per the government

(October 2001) an action plan (Appendix XXXVII refers) on the basis of recommendations

of a Committee was being implemented in a phased manner during the period 2001-05.

(a) Vehicles plying without PUC certificates: With a view to curtailing the air pollution due

to emissions from ever increasing vehicles, State Government ordered (November 2000)

setting up of pollution under check (PUC) stations. The status of issuing PUC certificates in

the test-checked cities as of January 2001 was as follows:

(Number in lakh)

City Total number of

vehicles plying on

road

Number of vehicles

for which PUC

certificates were

issued

Number of

vehicles plying

without PUC

certificates

(percentage)

Hyderabad and

Secunderabad

11.00 4.68 6.32(57)

Tirupati 0.60 0.08 0.52 (87)

Vijayawada 3.44 2.22 1.22 (35)

Visakhapatnam 2.98 2.39 0.59 (20)


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T o t a l 18.02 9.37 8.65 (48)

4.25 lakh vehicles in the twin cities were plying without the PUCs. Of these, 2.07 lakh

vehicles were below 70 cc not requiring PUC as per the RTA.

Thus, in Hyderabad/Secunderabad and Tirupati, more than one-half and two-thirds of the ve

hicles plying on the roads, were either not subjected to emission tests or were not fit for issue

of such certificates. However, no acti on was taken to ensure that only vehicles with PUC

certificates plied on the roads. While 4.25 lakh vehicles were plying (in the twin cities)

without the PUCs (excluding 2.07 lakh vehicles not requiring PUCs), as per the RTA,

Hyderabad, 6060 vehicles which are not under the prescribed pollution levels were identified

and CFRR9 notices issued as of May 2001 (information not available in respect of other

cities). The RTA did not however, indicate the final action taken in these cases. Moreover, in

the absence of enabling powers with RTAs to seize such vehicles the extent of air pollution

due to emission of pollutants from such vehicles remains unabated.

(b) Joint inspections conducted in April 2000 at 810 cities/towns by the officials of

Transport, Civil Supplies Departments and representatives of public sector oil

companies/legal meteorology revealed that 30110 (20 per cent) out of 151410 vehicles

violated the emission norms. Such inspections were, however, not conducted thereafter.

ii) Indoor air pollution at Paradise (Secunderabad) and Koti (Hyderabad): As per the report

of Environmental Pollution Training and Research Institute (EPTRI), Hyderabad, high SPM

levels (mean values of 431 g/cu m and 799 g/cu m respectively) detected indoors at Paradise

(Secunderabad) and Koti (Hyderabad) showed the ill effect of vehicular pollution even

indoors in residences near RTC crossroads (Hyderabad) located nearly 4 km away from both

Paradise and Koti areas.

C. Air pollution due to fuel adulteration

The Ministry of Environment and Forests, GOI, notified in December 1998, the ban on sale and purchase of loose mobil oil at petrol stations and service garages. State Government issued similar instructions in December 2000 for implementation within HUDA11 limits. However, the Civil Supplies Department, responsible to keep a watch over adulteration of fuel, was unaware of these developments till July 2001, when at the instance of Audit, the Director addressed the Hindustan Pe troleum Corporation Limited for obtaining necessary information.

D. Air pollution by storm water drains

Municipal Corporation of Hyderabad (MCH) which is responsible for cleaning the storm

water and open drains by desilting and removal of chokes, had been collecting drainage cess as a part of property tax. Underground sewerage system not existing in 40 per cent of MCH

area. MCH stated (April 2001) that it was not able to arrest the overflows from sewerage manholes entering the storm water drains, since the underground sewerage system was not

existing in 40 per cent of the municipal area. Even the size of the sewerage lines was inadequate and household sewage were connected to storm water drains. Thus, sewage


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drains and sullage water was entering the storm water drains contributing to air pollution. It further stated that HMWS&SB12 which is responsible for maintenance of sewerage system

was unable to extend the sewerage facilities to the entire area and to remodel the existing lines to arrest overflows from the manholes due to paucity of funds. The fact however,

remains that while MCH has been retaining with it the drainage cess collected by it the HMWS&SB has been collecting sewerage cess at 35 per cent of water charges. However,

neither the MCH nor the HMWS&SB had taken action to improve the existing defective sewerage system. Government however, did not offer any remarks on their inaction.

7.5.6 Non-implementation of the recommendations of a high level committee

High prevalence of naso respiratory symptoms, chronic bronchitis and bronchial asthma due to vehicular air pollution.

Following an interim order (July 1997) of the Hon'ble High Court of AP in a public interest

litigation on vehicular pollution, a Committee constituted to make a survey to find out the extent of pollution caused by motor vehicles in Hyderabad and Secunderabad and suggest

measures to be taken to check the pollution, recommended (May 1998) inter alia (a) spot checking of vehicles by teams of RTA and traffic police officials and fines on owners whose

vehicles failed to pass the test, (b) Civil Supplies Corporation to take up strict vigilance of fuel adulteration at wholesale points, (c) petrol bunks designated to issue PUC certificates to be counterchecked for calibrated equipment and quality – once in a month, (d) establishment

of more pollution check stations, (e) issue of petrol and diesel only to vehicles with PUC certificates and (f) introduction of battery/CNG run vehicles.

Though the State Board submitted proposals to the State government in August 1998 and in October 1999 for implementation of these recommendations it was only in December 2000

that Government issued directions (based on the recommendations of the Committee) to the State Board, RTA, Civil Supplies, APSRTC, etc. The concerned departments/wings were yet (September 2001) to comply with most of these instructions.

7.5.7 Adverse impact of air pollution on human health

Study on health effects from vehicular pollution in the twin cities of Hyderabad and Secunderabad conducted during 1999-2000 by Osmania Medical College, Hyderabad, revealed the following:

(a) The prevalence of respiratory morbidity, attributed to vehicular air pollution. The ventilatory dysfunction among residents in three selected sample areas in Hyderabad

revealed high prevalence of naso respiratory symptoms (31 per cent), chronic bronchitis (30 per cent) and bronchial asthama (19 per cent) in commercial areas where there was higher

mean and peak levels of SO2 and NOX,

(b) A screening (1997-99) of effects of automobile pollution on 633 traffic police constables working in twin cities of Hyderabad and Secunderabad revealed that 67 per cent of the traffic

constables screened were having health problems; 29 per cent were suffering from respiratory symptoms, 25 per cent had non-respiratory symptoms, joint pains, eye irritation and low

back pain; 6 per cent were suffering from high blood pressure, 7 per cent had diabeties mellitus and 6 constables were found to be suffering from TB.

Government stated (October 2001) that a detailed study was being proposed for


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environmental epidemiology studies relating to air pollution impacts.

Performance audit of environmental acts/rules relating to Air Pollution, Andhra Pradesh

The Arunachal Pradesh State Pollution Control Board (APSPCB)

3.3.1 For prevention, control and abatement of air pollution, Government of India (GOI)

enacted the Air (Prevention and Control of Pollution) Act, 1981. The Environment (Protection) Act, an umbrella Act which was also more comprehensive and covering the specific and general provisions relating to pollution of the environment including the

management of hazardous, biomedical and solid waste, was enacted by Parliament in May 1986. The Bio- Medical Waste (Management and Handling) (BMWMH) Rules were drawn

up by the GOI and came into effect from July 1998. The Acts and Rules are applicable throughout the country.

3.3.2 The Arunachal Pradesh State Pollution Control Board (APSPCB) first constituted in July 1993 was reconstituted in March 2000. The APSPCB headed by a part time Chairman

who is also the Principal Secretary (Environment & Forests) to the Government of Arunachal Pradesh has 13 official and non-official members representing the Government, local bodies, statutory bodies, companies etc. and a part time Member Secretary who is a

Deputy Conservator of Forests. The main functions and activities of the APSPCB are:

(i) to plan a comprehensive programme for the prevention, control or abatement of air pollution and

to secure the execution thereof ;

(ii) to advise the state government on any matter concerning the prevention, control or abatement of air pollution;

(iii) to collect and disseminate information relating to air pollution;

(iv) to inspect air pollution control areas at such intervals to assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas;

(v) to identify sources of waste generation (hazardous, bio-medical and municipal solid wastes), to notify for proper control and vigilance and to ensure the disposal site of waste had been notified by the state government.

3.3.3 The state government in December 2000 declared the whole of the state of Arunachal Pradesh as an “air Pollution Control Area” but as required under the BMWMH Rules, the

prescribed authority who was to be appointed by August 1998, had not been appointed as on date (November 2001).

3.3.4 The source of fund of the APSPCB consists of grants-in-aid from the Central and the State government. A cent per cent check of the Receipts and Expenditure of the APSPCB for

the period 1991-92 to 2000-2001 was conducted in audit in May 2001 and the following were disclosed :

Non utilisation of central assistance

3.3.5 Of the APSPCB‟s total receipts of Rs.16.45 lakh during the period from 1991-92 to 2000-2001 {Rs.14.24 lakh from the Central Pollution Control Board (CPCB), New Delhi,


13

Rs.1.99 lakh from consent fees and Rs.0.22 lakh from other receipts}, it has incurred an expenditure of only Rs.1.95 lakh during 1996-97 to 2000-2001 leaving an unutilised balance

of Rs.14.50 lakh locked up (Rs.12.64 lakh in bank and Rs.1.86 lakh in equipment and materials procured but not put to use).

Air quality monitoring stations not set up

3.3.6 Before APSPCB was constituted, the CPCB had sanctioned and released (December 1991), Rs.1.99 lakh to the APSPCB towards establishment of two air quality monitoring

stations at Itanagar (Rs.1.62 lakh) along with three months advance operation and maintenance costs of two centres (Rs.0.37 lakh). Out of Rs.1.99 lakh, the APSPCB had spent

Rs.0.87 lakh during April to August 1996 for procurement of certain instruments and equipment but the remaining amount of Rs.1.12 lakh was retained in a current bank account operated since May 1992 with State Bank of India, Itanagar.

3.3.7 The Chairman APSPCB and Principal Secretary (Environment and Forest) to the Government of Arunachal Pradesh stated (November 2001) that the equipment purchased could not be set up due to non-selection of site and non-appointment of any technical personnel. The reply however, was silent on the irregular procurement of instruments without selection of site and non- recruitment of technical staff. The equipment purchased were lying un-utilised till date (November 2001).

Pollution awareness and assistance centres were not set up

3.3.8 Out of Rs.1.00 lakh received by the APSPCB in February 1996 and July 1999 for setting up of pollution awareness and assistance centres, Rs.0.99 lakh was spent on purchase

of furniture and a computer though the sanction prohibited these purchases. Further though these items were purchased the centres were not set up nor awareness on the effects of pollution disseminated to the population in the state.

Non-preparation of Annual Accounts and Annual Reports

3.3.9 The APSPCB is required to prepare Annual Accounts and the same are to be audited by a qualified auditor on the advice of the Comptroller and Auditor General of India. The

APSPCB had, however, not prepared its Annual Accounts since its creation in 1993-94.

3.3.10 The APSPCB is further required to prepare an Annual Report giving a true and full

account of its activities during the previous financial year and submit this report to the state government by 15 May each year. This Report is also to be laid in the State Legislature within 9 months from the last date of the previous financial year. The APSPCB has not

prepared any Annual Report since 1993-94 and its activities has not been assessed since its creation by the State Legislature. The Chairman APSPCB and Principal Secretary

(Environment and Forest) to the Government of Arunachal Pradesh in his reply (November 2001) stated that due to non-creation and filling up of post for the Board, the annual Account

and Reports could not be prepared. He however, stated that the observation of audit is noted for compliance.

Non-creation of assets despite availability of central assistance

3.3.11 Since inception, the APSPCB has been functioning from the Office of the Principal Chief Conservator of Forests (PCCF) with the help of his staff.


14

3.3.12 The APSPCB in April 2000 received Rs.8 lakh from GOI for construction of office building, C grade Laboratory and residential buildings but the amount remained un-utilised

as of May 2001 due to non- allotment of land by the DC Papumpare. The Chairman APSPCB and Principal Secretary (Environment and Forest) to the Government of

Arunachal Pradesh in his reply (November 2001) stated that the C grade laboratory could not be set up as posts for running the laboratory had not been created. The fact remains that

besides this no action had been taken to procure the land for instituting the laboratory nor for procurement of the equipment for the same.

3.3.13 The APSPCB had not taken any action despite its existence for over eight years to

ensure compliance with any of the Acts or Rules. This is also supported by the fact that against twenty mandatory meetings due to be held by the APSPCB during 1996-97 to 2000-

2001 only four were held and with thin attendance. Pollution was not a priority item for APSPCB. The APSPCB did not discharge its specified activities and functions. The APSPCB

exists, but only in name. The Chairman APSPCB and Principal Secretary (Environment and Forest) to the Government of Arunachal Pradesh in his reply (November 2001) stated that due to absence of any significant industrial activity in the state the problem of pollution is

insignificant. He however, stated that the state government is also taking action to gradually build up the required scientific capability of the Board to enable it to discharge its duties

effectively in time to come.

3.3.14 The matter was referred to the Government/APSPCB in August 2001 and reply was

received (November 2001) which has been incorporated.

Implementation of Environmental Acts and Rules in relation to Air Pollution, Gujarat

Highlights

To maintain the quality of air and check pollution the concerned Acts/Rules were to be

implemented by the State Governments. The Gujarat Pollution Control Board responsible for its

implementation in the State was not effectively implementing the provisions of Air Act, Hazardous

Waste and Bio-Medical Waste Rules. Consequently large number of units are polluting the air and

disposing of hazardous and bio-medical wastes without treatment with impunity.

Ninety five per cent of the industrial units in the State were functioning without consent under the

Air Act. Board had no knowledge about the extent of pollution caused by these units. (Paragraph

6.2 5.1)

Board did not evolve any mechanism to ensure that industrial units did not operate after rejection

of consent or renewal thereof. Applications for consent of 7767 units were rejected upto March

2001. (Paragraph 6.2.5.2)

The Board did not prepare comprehensive programme and plan for prevention, control or

abatement of air pollution as required under the Air Act. (Paragraph 6.2.5.5)

Only 0.03 lakh units out of 0.8 lakh units who were given consent installed air pollution control

facilities. (Paragraph 6.2.5.6)

In four regional offices only 11 per cent of the required samples were collected for monitoring

installations of pollution control measures during 2000-2001. (Paragraph 6.2.5.7)


15

None of the brick manufacturers in the State obtained consent under Air Act and installed fixed

chimneys. These are emitting untreated pollutants in the air. (Paragraph 6.2.5.10)

The Status of ambient air quality shown by the Board did not give correct picture of pollution level

in the State. (Paragraph 6.2.6.1)

No internal or external monitoring or evaluation has been carried out by the Board or by the State

Government. (Paragraph 6.2.11)

6.2.1 Introduction

Gujarat is one of the highest industrialised states in India having 1.72 lakh industrial units in small (1.69 lakh), medium and large (0.03 lakh) scale sectors. Of these 0.79 lakh industries

(46 per cent) engaged in production/manufacturing of Chemical, Bio-medical, Petrochemical, Textile, Engineering, Ceramic products, etc. cause air pollution, and 0.43

lakh (25 per cent) industries generate hazardous waste.

To preserve the quality of air and control air pollution Government of India enacted the Air

(Prevention and Control of Pollution) Act, 1981 (Air Act). Similarly, management of two types of wastes namely, hazardous, and bio-medical wastes is regulated by (i) Hazardous Waste (Management and Handling) Rules 1989 (HW Rules), and (ii) Bio- Medical Waste

(Management and Handling) Rules, 1998 (BMW Rules) respectively.

6.2.2 Organisational setup

Gujarat Pollution Control Board, Gandhinagar (Board) plans, executes and advises the State

Government on programmes for prevention control or abatement of air pollution and implements the rules in respect of waste management. The Board functions in co-ordination

with and under the overall control of Forests and Environment Department (Department).

6.2.3 Audit Coverage

To assess implementation of provisions of various Acts/Rules relating to Air Pollution and Waste Management, relevant records of the Department, the Board and its four Regional

Offices at Ahmedabad, Vadodara, Surat and Vapi, Directorate of Transport, Food and Civil Supplies Department, Commissioner of Health and Medical Services, Director of Medical

Education and National Institute of Occupational Health for 1995-2001 were test checked (January to May 2001). Important points noticed are discussed below:

6.2.4 Financial arrangement and expenditure

No separate accounts were maintained by the Board for expenditure incurred under Air Act and HW Rules. However, during 1995-2000, as against Rs.32.12 crore provided in the budget of the Board, Rs.14.84 crore were spent by the Board leaving a surplus of Rs. 17.28 crore.

6.2.5 Air Pollution due to emission from industries

6.2.5.1 Industries functioning without consent

Entire State was declared as air pollution control area in August 1984 and specified industries were required to obtain consent from the Board and meet the prescribed norms of

emission. With the amendment of Air Act, in December 1987, all the industrial units were required to obtain consent from the Board. However, as against 1.72 lakh industrial units in


16

the State only 0.10 lakh industrial units have applied for consent as of March 2001, out of which only 0.08 lakh (5 per cent) industrial units were granted consent. In respect of 0.02

lakh cases, consent was rejected. Thus 95 per cent of industrial units in the State were functioning without consent of the Board and were thus effectively not covered under the

surveillance of the Board in regard to the provisions of the Air Act. Board had no knowledge about the extent of pollution caused by these units. Ahmedabad, Bharuch, Mehsana, Surat

Vadodara and Valsad districts are affected the most by the industrial air pollution.

6.2.5.2 Renewal of Consent

Status of renewal of consent during 1996-2001 was as shown below:

Year No.of industries required to renew consent

No. of industries applied for renewal

Percentage to total consents

No. of consents renewed

Percentage of renewal

1996-97 4855 2167 45

587

27 1997-98 5729 2885 5

0 1345 4

7 1998-99 6489 4016 62

2252 56 1999-

2000 7493 4589 6

1 2482 5

4 2000-2001

7980 4759 60

2506 53

Receipt of renewal applications ranged between 45 per cent and 62 per cent whereas consent was renewed for 27 per cent to 56 per cent of the cases. As Of March 2001, only two per cent

of total units in the State were in operation with up to date consent. Further out of 7980 units required to renew consent, only 31 per cent did so.

As of March 2001, 1695 applications for consent and 6072 applications for renewal of consent were rejected by the Board for not complying with requirements and files were

closed. But, the Board did not evolve any mechanism to ensure that those industrial units (who were refused consent) did not operate after rejection of consent or non- renewal. Thus, there was serious possibility of violation of consent regime by a large number of polluting

industries who were refused consent.

6.2.5.3 Consent Register

According to provision of Gujarat Air Rules, 1983, Consent Register is required to be

maintained in Form No. XI, which was not adopted by the Board. The register maintained by the Board did not contain information on type of operation or process, consent

classification, date of installation of air pollution control equipment, emission standards and consent conditions as required under Air Rules. As a result, various important parameters of

control were absent and the administration of consent regime was ineffective.

6.2.5.4 Inadequate monitoring of consent

Out of 100 files selected for audit, the Board produced 41 files to audit. Test check of those

files revealed the following:

(a) According to Section 21 of Air Act, consent is required to be obtained by the industries within three months from the date of declaration of air pollution control area (August 1984)

or from the date of enactment of Air (Amendment) Act 1987, (December 1987) or before the commencement of business as the case may be. However, except one, none of the units

obtained required consent within the stipulated time. There was delay ranging from three


17

months (Shree Chemicals, Vapi) to more than 11 years (Sin-O-Chem products, Vapi) in obtaining consent.

(b) Consent is granted for a period of one year generally, and should be renewed after expiry of that period on payment of prescribed fees. However, none of the units test checked

renewed the consent in time. In 21 cases, consent was not at all renewed for two to 15 years and in remaining 20 cases there was delay ranging from one month to 15 years. Thus, the

units continued to pollute the atmosphere for periods ranging from nearly two years to 16 years (inclusive of delay in initial consent as well as renewal).

(c) If the consents were obtained and renewed, consent fee of Rs.6.04 lakh (ranging from

Rs.7,000 to Rs.50,000 relating to period up to March 2001), could have been collected by the Board from 41 units alone. As against this, only Rs.1.92 lakh (ranging from Rs.500 to

Rs.29,000) were received resulting in loss of revenue of Rs.4.12 lakh (ranging from R.1,500 to Rs.20,000) to the Board .

(d) No coercive action under Section 37 of the Air Act was initiated by the Board against any of the defaulting units operating without consent from the Board.

Poor receipt of Environmental Statements from units

6.2.5.5 Environmental Statement

Industrial units requiring consent under Air Act were required to submit environmental statement (environmental audit report) for the financial year to the Board on or before 15th May every year. Details of submission of statements for 1995-2000 was as under:

Year Number of consented units

Number of units submitted environmental audit report

Percentage

1995-96 5183 292 6 1996-97 6057 187 3 1997-98 6817 250 4 1998-99 7821 281 4

1999-2000

8308 298 4

Board failed to carryout comprehensive survey of industrial units. Only 38 per cent units

installed air pollution control facilities. Belated categorisation of units under Air Act

Percentage of environmental statement submitted to the total consent ranged from three

(1996-97) to six (1995-96). Thus, important control mechanism to monitor the air pollution

was practically non-functional.

6.2.5.6 No comprehensive programme or survey for control of pollution

Under the provisions of Section 17 of the Air Act, Board was required to plan a

comprehensive programme for prevention, control, or abatement of air pollution and to ensure its implementation. However, no programme was made and no survey was carried out to identify the industries causing air pollution as of May 2001 on the plea of shortage of

staff and fund. Board had surplus fund and could have utilised services of outside agencies if their own resources were inadequate. Evidently, Board did not attach due priority to this

important aspect of management and control of environmental pollution.

6.2.5.7 Air Pollution Control Facilities


18

As per the Air Act every person to whom consent was granted by the Board shall install and operate pollution control equipment of prescribed specification in the premises of the

industry. However, as of March 2001, out of 0.08 lakh units only 0.03 lakh (38 per cent) units installed air pollution control facilities. Neither information for remaining units was

available on record nor any action initiated by the Board against defaulting units.

6.2.5.8 Inadequate sampling

For sampling and monitoring of installations of pollution control measures, under the Air

Act industrial units were categorised into Red (Highly polluting), Orange (Moderately polluting) and Green (Least polluting) only from 2000-2001. Collection of samples in test

checked regional offices during 2000-2001 was as under:

Name Category-wise number of

industrial units

No. of

samples

required to

be

collected

No. of

samples

collecte

d

Percenta

g e of

Col. 4

to Col. 3

Red Orang

e

Gree

n

1 2a 2b 2c 3 4 5

Ahmedabad 210 782 9 5657 134 2

Vadodara 93 1399 334 7046 1299 18

Surat 584 436 372 9124 703 8

Vapi 235 809 367 6423 520 8

Only 11 per cent samples collected Non-monitoring of emission of TPSs

Thus, even in highly industrialised districts like, Vadodara, Surat and Vapi, collection of samples was only 11 per cent of the required number. The Board stated that samples of

gaseous emission were required to be collected only from those industries who have air pollution control measures. The reply was not tenable, as inadequacy of monitoring of

industrial emission by the Board would encourage the industrial units to escape from complying with the norms.

6.2.5.9 Emission by Thermal Power Stations

Under the Air Act emission standards of Suspended Particulate Matter (SPM), Sulphur Dioxide (SO2), and Nitrogen Oxide (NOx), prescribed for Thermal Power Stations (TPS) were 150 g/CuM, (Microgramme per Cubic Meter) 100g/CuM and 50 g/CuM respectively. Board officials stated that three out of 20 TPS in the State were not complying with the prescribed standards. However, neither information relating to actual emission by TPSs nor concerned files were furnished to Audit for study. It is doubtful whether Board was monitoring the emissions from these highly polluting units.

6.2.5.10 Dumping of fly ash

To protect environment and prevent dumping of fly ash, Ministry of Environment and Forests issued a Notification in September 1999 for compulsory utilisation of at least 25 per cent of fly ash by manufacturers of bricks operating within 50 kilometers of coal based thermal power station. However, Brick Manufacturers Association refused (July 2000) to comply with the directive on the plea that even two per cent of ash would weaken the brick. Though 38.40 lakh MT of fly ash is dumped every year by thermal power stations mainly in Ahmedabad, Jamnagar, Kheda and Surat districts, Board did not carry out any study on the environmental hazards due to such improper non- disposal.


19

6.2.5.11 Installation of fixed chimneys by brick kilns

MOEF extended (November 2000) the time limit to change over from moving chimneys to fixed chimneys for all categories of brick kilns by 30 June 2001 subject to furnishing of an affidavit and bank guarantee of Rs.0.30 lakh (large scale), Rs.0.20 lakh (medium scale) and Rs.0.10 lakh (small scale). However, none of the 0.01 lakh existing brick kiln owners in the State either furnished the affidavit and bank guarantee or changed over to fixed chimneys as of May 2001. Further, all of the brick kilns in the State were functioning without consent under Air Act and their emissions were not monitored by the Board.

Un-reliable data of air pollution

6.2.6.1 National Ambient Air Quality Monitoring Project (NAAQMP) Under NAAQMP,

Central Pollution Control Board (CPCB) prescribed National Ambient Air Quality

Standards for Sulphur Dioxide (SO2), Nitrogen Oxide (NOx), Suspended Particulate Matter

(SPM), Respirable Particulate Matter (RPM), Lead (Pb), and Carbon Monoxide (CO) with

adequate margin of safety, to protect the public health, vegetation and property.

A comparison of status of annual average of ambient air quality standards in four major cities in the State for 1996-2000 vis-à-vis norms (Appendix-LXXV) revealed that while the concentration of SO2, and NOx in these cities showed a declining trend and were well within the prescribed limits since 1996-97, that of SPM exceeded the standard by several times in Ahmedabad industrial and commercial areas in 1999-2000. Scrutiny of data for 1999-2000 relating to Automatic Monitoring Station, Ahmedabad revealed that there was no consistency in the figures shown in respect of SO2, NOx and SPM.

Even the temperature was shown above 60oC (maximum 69.3oC) during April 2000. Moreover, the result of monitoring by CPCB for 1999-2000 at Ahmedabad showed the following result while those by GPCB (in bracket) had wide variation.

SO2 Nox SPM

Industrial area 193 (3) 30.9 (23) 550 (1003)

Residential Area 27.9 (12) 29.4 (5) 305 (331)

Commercial area 9 (2) 17.7 (11) 293 (1150)

Thus the readings taken by the monitoring station, Ahmedabad were not entirely reliable and the status of ambient air quality and pollution level in the State needed proper scrutiny. It was also noticed that regular monitoring of only SO2 , NOx and SPM was done by the Board though RPM, Pb and CO were also to be monitored under NAAQMP.

16 monitoring stations discontinued

6.2.6.2 Non functioning of NAAQMP

There were 16 monitoring stations set up by the Board to monitor air pollution of the ambient air. However, due to non-availability of funds from CPCB, those centres

discontinued from 1 April 1997 even while the Board had enough surplus funds to maintain these monitoring stations. This would adversely affect the monitoring of ambient air quality. Reasons for discontinuation of funding by CPCB were not furnished.

Study for air pollution not carried out

Issuance of PUC certificates not monitored


20

6.2.6.3 Other aspects of air pollution

Other important aspects of air pollution like odours, acid rain, thermal discharge, ozone

depletion, etc. which cause environmental degradation also require regular monitoring. The Board did not carry out any study in respect of these aspects except acid rains during monsoon season in 2000 which showed no acidity in the rain water samples.

6.2.6.4 Status of noise pollution

Average noise level during October 2000 in eight cities, as per records of the Board was between 75 decibels and 114 decibels as against the norms of 65 decibels indicating noise

pollution between 15 and 75 per cent. However, regular monitoring of noise pollution was not carried out by the Board.

6.2.7 Vehicular pollution

Vehicular population in the State increased from 0.45 million in 1981 to 5.19 million in 2000. Vehicular density per 100 person in three major cities is Vadodara (11), Surat (12) and

Ahmedabad (14). Further, 75-85 per cent of total vehicles in these cities are two\three wheelers which significantly contribute to pollution. Moreover, due to high vehicular density

on urban areas the speed of vehicles at peak hours is 6-22 km/hr which also increases pollution.

(a) Pollution Under Control (PUC) Certificates

Rule 115(7) of the Central Motor Vehicle Rules, 1989 (CMV Rules) requires all vehicles over

one year old to carry a PUC Certificate issued after checking pollution level of the vehicle, by a testing station authorised by the Transport Department. Test check of records of Director

of Transport revealed that as on 31 March 2001, 454 agencies were issued licenses for issue of PUC Certificates in the State. However, number of PUC Certificates issued by those

agencies was not monitored by the Director. During 1997-2001, 0.76 lakh, cases were registered in 20 districts against vehicles for not carrying PUC Certificates.

(b) Checks for emission standards

The Director of Transport did not carry out any check for compliance of emission standards by vehicles as required under rule.

(c) Use of unapproved fuel by auto rickshaws

Use of kerosene, adulterated petrol and adulterated diesel and other such unapproved fuels in the Vehicles was prohibited. However, it was seen that during 1996-99, in Ahmedabad City alone, cases were registered against 0.10 lakh out of 0.75 lakh Auto Rickshaws (13 per cent)

for using Kerosene.

(d) Adulterated fuel

Similarly, during 1998-2000, eight Petrochemical units were found involved in adulteration

of petrol and sold 3.14 crore liters of solvent (an adulterant) valued Rs. 42.90 crore to various petrol pumps in Ahmedabad, Mehsana, Panchmahals and Vadodara districts. Seventy- one

persons were arrested and out of that 37 were in jail. Though, action was taken against these offending units damage caused to the environment due to adulterated fuel was not assessed.


21

Audit of Environmental Acts and Rules relating to Air Pollution in Himachal Pradesh

Introduction

Mention was made in paragraph 6.1 of the Report of the Comptroller and Auditor General

of India for the year ended 31 March 2000–Civil-Government of Himachal Pradesh

concerning implementation of Environmental Acts and Rules relating to Water Pollution

including disposal of Municipal and Bio-Medical Wastes by Himachal Pradesh State

Environment Protection and Pollution Control Board (Board).

A further check of the records of the Board for the period 1996-2001 relating to control of air

pollution and hazardous waste management in compliance of Air (Prevention and Control of

Pollution) Act, 1981 and various rules promulgated to minimise adverse impact of hazardous

wastes/chemicals on environment under Environment Protection Act, 1986 was conducted

during March-April 2001. This was supplemented by test-check of records of four1 regional

offices and three2 laboratories. Test-check revealed the following points:

Accounts for five years were in arrears and details of unspent balance of Rs 3.17 crore not available with the Board.

6.2.2 Financial arrangements

The main sources of income of the Board were contributions made in the form of grants-in-

aid by the State/Central Governments including the Central Pollution Control Board

(CPCB), fees received for granting consent, sample testing, etc. Annual Accounts of the

Board for the years 1996-97 to 2000-2001 were in arrears. The Member Secretary stated

(April 2001) that these were at an advanced stage of finalisation.

There was a closing balance of Rs 3.17 crore as on 31 March 2001 in the form of

FDRs/saving bank accounts in different banks which was subject to change on the

finalisation of accounts. Activity-wise details of unutilised funds lying in various bank

accounts were not available with the Board. In the absence of these details, the Board could

not implement and effectively monitor its activities.

6.2.3 Air pollution

(a) Non-conducting of survey and non-identification of industrial units

Detailed survey to assess the level of air pollution and industries causing air pollution was not conducted. The whole of Himachal Pradesh except Kinnaur, Lahaul and Spiti and Chamba (Pangi and Bharmour blocks) districts was declared (October 1981) as air pollution control area or areas for the purpose of Air Act, 1981. It was noticed in audit that no study was conducted by the Board to determine the air pollution level in the State so as to combat air pollution in a phased manner. Also, no survey to identify the industries causing air pollution was carried out, though Industries Department had intimated (August 2001) the establishment of about 28,900 industrial units in the State as of March 2001. While three3 regional offices confirmed that no such detailed survey was conducted, the Member Secretary stated (April 2001) that air quality was being surveyed at eight air monitoring stations. The reply does not indicate why detailed survey could not be conducted to identify the industries causing air pollution although it is a pre-requisite for determining the action that is required to be taken to arrest the pollution levels and reduce them.


22

The Member Secretary further stated (April 2001) that Board had identified 1,185 industries (March 2000) based on applications received under consent mechanism for granting consent

to establish/operate units in an air pollution control area. He further added that compilation

work for inventorisation of industries was in progress. The reply is not tenable as

identification of units 1 Baddi, Jassur, Paonta Sahib and Parwanoo. 2 Jassur, Paonta

Sahib and Parwanoo. 3 Baddi, Jassur and Paonta Sahib based on applications received cannot be substituted for comprehensive survey to ensure that all the existing industrial units

were covered under consent mechanism and brought under the purview of the Act. Further, a test-check of individual files of industrial units established in three districts under four regional offices revealed that 33 units were operating without any consent of the Board.

Thus, existence of more air polluting industries other than the units identified could not be ruled out.

(b) Anti air pollution devices

Air Act, 1981 requires that every person to whom consent was granted should install anti air

pollution devices in the premises. According to the information supplied (April 2001) by the

Board, 1,185 industries had been given consent upto March 2000 after ensuring that anti air

pollution devices had been provided by them. The data for the year 2000-2001 was stated

(May 2001) by the Member Secretary to be under compilation.

The contention of the Board that anti air pollution devices had been provided in all the units is not tenable because test-check of records in three regional offices revealed that anti air pollution devices had not been provided in 19 industrial units established between June 1989 and February 2000. The concerned Environmental Engineers stated (March-April 2001) that either notices were being issued or the work for providing the devices was in progress in some of the cases. Thus, these units had continued to operate without the devices.

(c) Air quality monitoring

To assess the nature and extent of the requirement for pollution control measures and their

impact on ambient air quality, CPCB sanctioned in 1985 establishment of National Ambient

Air Quality Monitoring (NAAQM) stations. The programme was started in the State in

October 1987 and three parameters were identified for monitoring viz. Suspended Particulate

Matter (SPM), Sulphur Dioxide (SO2) and Nitrogen Oxide (NO). Ambient air quality

monitoring was being done by the Board at eight stations, established at a cost of Rs 7.24

lakh between October 1987 and April 1993. The Board had been collecting monthly data and

was sending it to the CPCB for further evaluation.

It was seen in audit that the concentration of SPM was in excess of the fixed limits at six out of the eight stations. Data were based on recorded monthly averages and the number of months when the concentration was in excess of prescribed norms ranged from 1 to 49 months among the stations during 1996-2001. No action in respect of unsatisfactory reports had been taken.

(d) Monitoring of polluting vehicles

(i) To ensure that the standards for emission of air pollution from automobiles were complied

with as required under the Air Act, 1981, the State Government in consultation with the

Board is required to give instructions, to the concerned authority incharge of registration of

motor vehicles. The Member Secretary stated (April 2001) that no such instructions were


23

issued.

Vehicular smoke monitoring was undertaken by the Board as per standards laid down under

Environment (Protection) Act, 1986 at Shimla and other places in the State during 1996-

2001. Out of 20,424 vehicles checked, 7,074 vehicles were found to cause pollution beyond

the prescribed level.

Similarly, Transport Department responsible for controlling pollution caused by automobiles

checked 1,39,526 vehicles during 1996-2000 and found 12,253 vehicles causing pollution

beyond the prescribed level. The Director (Transport) stated (April 2001) that vehicles found

polluting the air beyond the prescribed level were being challaned if they failed to rectify the

emission within a week. No other preventive/constructive measures were taken by the

department. It was observed that the standards prescribed by the Board and the Transport

Department were different for monitoring the vehicular emissions.

(ii) Under the Motor Vehicle Rules, it was compulsory for every motor vehicle in the State to

carry a valid Pollution Under Control Certificate (PUCC) issued by Transport Authority or

its authorised centres. PUCC so issued was valid for three months. 95 per cent vehicles were

plying without valid “Pollution Under Control Certificates” in the State.

During 1996-2000, the Transport Authority and its authorised centres issued 1,27,273 PUCCs and 12,253 vehicles found polluting beyond the prescribed standards were denied

PUCCs. It was, however, noticed that 25,96,496 estimated PUCCs were required to be issued during the said period on the basis of 1,93,336 vehicles registered upto March 2000.

Thus, about 95 per cent vehicles continued to ply on the State roads without a valid PUCC. It was further noticed that no mechanism was evolved by the Board/Transport Authority for

conducting quality control tests of service stations authorised to issue PUCC.

Vehicular pollution, thus, remained unchecked in the absence of enforcing the required

pollution norms adequately. The Board admitted (April 2001) that service stations authorised

to issue PUCC also needed to be tested for quality control.

6.2.6 Levy and recovery of consent/authorisation fee

Industries and medical institutions were required to pay consent authorisation fee at

prescribed rates.

Consent/ renewal/ authorisation fee of Rs 15.97 lakh was recoverable from 502 units.

(i) A check of records revealed that during 1996-2001 consent/renewal fee of Rs 13.99 lakh

had not been realised in the case of 423 units. Similarly, fee of Rs 1.98 lakh for grant of

authorisation was awaiting realisation from 79 units generating hazardous waste. It was also

noticed that as against 1,185 industries identified under Air Act, the ledger was being

maintained for 655 units only. Under Hazardous Waste (Management and Handling) Rules,

1989 out of identified 304 hazardous units only 81 units were found entered in the ledger.

The Member Secretary stated (April 2001) that records could not be completed for want of

sufficient manpower. In the absence of these details the correctness of consent/renewal fee

covering all the units could not be verified in audit.

(ii) There were 122 Government hospitals and public health centres in the State generating

infectious and hazardous wastes. Further, workshops of the Himachal Road Transport


24

Corporation and Public Works Department were also covered under Hazardous Waste

(Management and Handling) Amendment Rules, 2000. In none of these cases authorisation

fee had been recovered.

6.2.7 Non-setting up of Awareness Centres

MOEF had conveyed (December 1995) the sanction for setting up of Pollution Awareness

and Assistance centres in the State and released grant of Rs 1.25 lakh to the Board. It was

noticed that instead of setting up the centres an expenditure of Rs 13.23 lakh including

amount of grant received was incurred during 1995-96 by diverting excess amount from its

own sources on purchase of television, fax/photo machines, furniture/furnishings, telephone

instruments, etc., for the Board‟s office. Thus, the very purpose of establishing centres to

educate the public about environmental risks was not achieved. The Board was asked to

justify this expenditure (April 2001). Reply was awaited (May 2001).

The matter was referred to the Government in May 2001; reply had not been received

(August 2001).

Implementation of the Air (Prevention and Control of Pollution) Act, Karnataka

Highlights

Implementation of The Air (Prevention and Control of Pollution) Act, 1981, The Environment

(Protection) Act, 1986 and rules framed thereunder and Hazardous, Bio-medical and Municipal

Solid Wastes Management Rules, by State Government through Karnataka State Pollution

Control Board (Board) and Commissioner of Transport and other authorities was inadequate and

ineffective. Only 0.13 lakh out of total 2.70 lakh industrial units are under the purview of these

Acts and Rules. Ambient Air Quality Monitoring Stations (AAQMS) were confined to only two

cities (Bangalore and Mysore). Board had not established air quality monitoring stations in other

cities though funds were available. Due to lack of adequate monitoring stations, analysis of air

samples by the Regional Offices was inadequate. Analysis of emission from industries was only

marginal. Particles generated by stone crushing units were not analysed at all. Automobiles

contributed to air pollution on a large scale (2357.92 MT per day in Bangalore city and 6116.49

MT for the State). The Commissioner of Transport, however, did not monitor implementation of

this component. In 3 districts, no inspection of vehicles was carried out by Regional Transport

Officers (RTO). Board had no information about the quantity of bio- medical and hazardous waste

generated and its disposal by 50 per cent of health care establishments and industries. In view of

these deficiencies, the Board’s machinery was largely non-functional.

Board had not identified/covered 95 per cent of industries registered with Department of Industries

and Commerce. Out of 0.13 lakh industries identified, 7420 were in operation as of March 2001.

Of these, 2623 and 605 industries respectively were working without consent and Air Pollution

Control Systems in violation of Acts/Rules and 2308 had not even applied for consent. Diesel

Generator sets and Stone crushers had not been brought under the purview of Acts/Rules.

(Paragraph 3.1.5, 3.1.7(b) and (d)

Shortfall in Ambient Air Quality test ranged from 61 to 29 per cent of targets in Bangalore and


25

Mysore and in five locations, pollutants exceeded the prescribed standards by 19 to 846 per cent. In

other cities Ambient Air Quality Monitoring Stations had not been established. (Paragraph 3.1.6

(a) and (b)

Emission from industrial units was not analysed to the extent of 96 to 89 per cent. Particles

generated by stone crushers had not been analysed at all though they caused significant pollution

through suspended particulate matter (SPM).(Paragraph 3.1.7 (a) & (b)

Shortfall in inspection of industries by the Board increased sharply from 15 per cent in 1998-99 to

54 per cent in 2000-01. (Paragraph 3.1.8)

State Government had not categorised areas into industrial, residential and silence areas.

(Paragraph 3.1.9)

Regional Transport Officers in three test-checked districts did not monitor vehicular emission.

(Paragraph 3.1.13)

6233 units out of 6762 (6284 industries and 478 Hazardous waste generating units) had not

submitted environmental statements. (Paragraph 3.1.14(iv)

3.1.1 Introduction

Presence of pollutants in air beyond certain limits, discharged by industries and heating

process etc., cause environmental pollution and adversely affect living organisms and natural

resources. Government of India enacted following Acts and Rules for prevention and control

of air and other pollution of environment:

(i) The Air (Prevention and Control of Pollution) Act, 1981 (Act)

(ii) The Environment (Protection) Act, 1986 and Rules 1983 (Acts/Rules)

(iii) The Hazardous and Bio-medical Wastes (Handling and Management) Rules (Rules), 1989

(iv) Municipal Solid Wastes (Management and Handling) Rules, 1999.

In June 1992, Government of India framed a policy statement for abatement of pollution.

Government of Karnataka framed the Air (Prevention and Control of Pollution) Rules in

1983. These Acts and Rules prescribed, inter alia, the following measures for prevention,

control and abatement of pollution:

(i) Coverage and identification of industries to bring them within the purview of Act and Rules.

(ii) Setting standards for ambient air quality as well as standards for emission of air pollutants by industries and

automobiles.

(iii) Establishing laboratories.

(iv) Prosecution of such industries/persons not complying with the prescribed standards of emission.

3.1.2 Organisational set up

The Principal Secretary, Forest, Environment and Ecology was responsible for

implementation of Acts/Rules and monitoring of various programmes for prevention and

control of Air Pollution. While Karnataka State Pollution Control Board (Board) was the

main agency for implementation of Acts and Programmes, other Departments (Police,

Transport and Forest) supplemented the efforts of the Board.



26

Implementation of the Air Act and Rules was reviewed through test-check of records in Regional and Divisional Offices of the Board, Regional Transport Office, District Industries

Centres, Zilla Panchayats, Municipalities and Corporations in six districts. Besides, details were collected from Secretary, Ecology and Environment Department, Commissioners for

Transport and Industries and Commerce. The important audit findings are discussed below:

3.1.4 Budget provision and Expenditure

As against budget provision of Rs.37.70 crore, expenditure was Rs.10.54 crore on various

programmes of Department of Ecology and Environment which included expenditure of

Rs.1.84 crore for Prevention and Control of Air Pollution from 1996-97 to 2000-01. Out of

Rs.1.84 crore, Rs.37.31 lakh released to the Board during March 1999 for purchase of

Ambient Air Quality Monitoring equipment remained unutilised as of March 2001. No

reasons had been furnished for non-utilisation of these amounts. Board spent Rs.44.30 crore

out of total receipts of Rs.73.73 crore (Central grant Rs.0.78 crore, State Government grant

Rs.7.39 crore, Central Pollution Control Board (CPCB) grant Rs.0.79 crore, Board receipts

Rs.63.03 crore and opening balance of Rs.1.74 crore as on 31 March 1996). Board had

accumulated investment of Rs.37.23 crore as on 31 March 2001.

3.1.5 Poor identification and coverage of polluting industries

According to Section 17 of the Act, Board was to plan comprehensive programmes for

prevention and control of air pollution, conduct inspection of air pollution control areas,

collect and disseminate information on industries causing air pollution. Further, no person

could operate any industrial plant in an air pollution control area without obtaining consent

from Board as per Section 21 of the Act. This implied that Board was to conduct periodical

survey in order to identify industries causing air pollution and bring them under consent

regime. Board had neither conducted survey nor prepared any comprehensive programmes

for coverage of air polluting industries. However, on the basis of information furnished by

the Department of Industries and Commerce, Chief Inspector of Factories and Boilers and

Inspections, Board identified 0.13 lakh (4126 industries during 2000-2001) out of 2.70 lakh

industries registered (March 2001) with Department of Industries and Commerce. Out of 395

industries cleared by High Level Committee (34) and State Level Single Window Agency

(361), 114 industries (9 with investment of more than Rs.50 crore, 105 with investment of

more than Rs.1 crore but less than Rs.50 crore) had been established during 1998-2001.

Board had no information regarding number of industries working without consent and Air

Pollution Control Systems (APCS) even out of these 114 industries. Details regarding

number of industries cleared by District Level Single Window Agency working without

consent and APCS were also not available with the Board. However, the position regarding

industries working without consent and APCS out of 0.13 lakh industries (Red – 4881,

Orange –2241, Green – 5812!) were as follows:

Year

Number of

Industries in

operation

Number of industries which

have

Number of industries

operating

Obtained

consent

Not

obtained

consent

with APCS without

APCS


27

1996-97 4922 1793 3129 (64) 4086 836 (17)

1997-98 4526 2479 2047 (45) 3736 790 (17)

1998-99 5778 3269 2509 (43) 4511 1267 (22)

1999-

2000

6284 4668 1616 (25) 5349 935 (15)

2000-

2001

7420 4797 2623 (35) 6815 605 (8)

2623 and 605 industries out of 7420 were operating without consent of Board and APCS respectively Categorisation of industries by Board not reliable (Figures in bracket indicate

percentage) Of 2623 industrial units which had not obtained consent, 2308 units had not even applied for consent and continued to operate in contravention of provisions of Section

21 of the Act. Details regarding the period from which these had been working without

consent and adoption of APCS were also not available with the Board. Thus, monitoring of the defaulting units was ineffective.

Even though Board had left out 95 per cent of industries and not categorised these as red,

orange and green, it did not indicate any specific steps to cover huge shortfall in

identification of industries but merely stated (June 2001) that action would be taken to cover

all air polluting industries.

Regional Officers (RO) (Raichur, Mangalore and Mysore) categorised 5 industries engaged

in manufacture of industrial gases, liquor, oxygen and ice and discharging pollutants into

atmosphere as non-polluting on the basis of their own inspection. However, audit scrutiny of

inspection report and other records regarding manufacturing process revealed that these

industries were actually discharging pollutants into atmosphere. Reasons for such wrong

classification was not evident. At the instance of Audit, ROs agreed to bring these industries

under the purview of the Acts. Thus, the categorisation of polluting industries needs scrutiny.

Board needs to examine the matter to fix accountability. As of March 2001, though 286

foundries and 1596 brick kilns, which were polluting, were registered with the Department of

Industries and Commerce, the Board had not taken any steps to bring these units under

consent and ensure adoption of APCS as prescribed in Acts/Rules.

3.1.6 National Ambient Air Quality Monitoring System

Board had not established AAQMS in cities other than Bangalore and Mysore

(a) Pollution status

With a view to evaluating air quality and assess pollution status, CPCB introduced in 1984-

85 „National Ambient Air Quality Monitoring System‟ (NAAQMS). This was also

implemented by the Board in addition to its own programme. The system envisaged

establishing monitoring stations and sample analysis for every eight hours at each station and

assessment of presence of primary pollutants (Suspended Particulate Matter-SPM, Respirable

Suspended Particulate Matter-RSPM, Sulphur di-oxide-SO2, Oxides of Nitrogen-NOX) as

against standards prescribed under Act/Rules.


28

The CPCB assessed pollution status at five locations in Bangalore city while Board did so in seven locations. According to annual average values furnished by the Board, pollutants exceeded the prescribed standards by 16 to 29 per cent in two (Anandrao Circle and KR Market) out of seven locations. However, pollutants significantly exceeded (1 to 4 times) the prescribed limit in all five locations where CPCB assessed pollution status as detailed below:

Name of the

Pollutant

Prescribed

standard

Value as obtained in different locations/

stations

(Percentage of excess in brackets)

Minimum Range Maximum Range

Suspended

Particulate

Matter

200 µg per cubic

metres of air

263 to 682

(32 to 241 per cent )

568 to 1892

(184 to 846 per cent)

Respirable

Suspended

Particulate Matter

(PM 10)

100 µg (Cubic

metre)

119 to 236


182 to 564


In respect of other two pollutants (Oxides of Nitrogen and Sulphur Dioxide) the prescribed

standards exceeded by 3 to 81 per cent during 5 to 13 months during 1997-98 to 2000-01. Ambient air quality had not been monitored for Lead and Carbon Monoxide. According to

results obtained by the Principal, Bapuji Institute of Engineering and Technology, Davanagere who conducted ambient air quality test (SPM only) in 6 locations in Davanagere

city and Harihar town from 1998-99 to 2000-01, the presence of SPM ranged between 661 to 739 (3 to 4 times above limit) in one location and 236 to 646 in other locations. Board had

not established any additional AAQMS after 1996-97 as proposed in the Annual plans though there was no shortage of funds.

(b) Shortfall in ambient air quality tests

In Bangalore and Mysore, 61 to 29 percent of targets of analysis were not achieved. As

prescribed in Schedule VII to Rule 3B of Environment Rules, 1986, ambient air quality test was to be monitored every eight hours for each station twice a week. According to guidelines/norms prescribed by CPCB and adopted by the Board, number of samples to be

analysed for 3 to 4 pollutants (4 from 1999-2000) each year for seven stations (five under NAAQM and two under Board Programme) established at different locations in Bangalore

and Mysore and achievement thereagainst were as under:

Year

Number of samples to

be

analysed

Number of samples

actually analysed

Shortfall

1997-98 10920 4240 6680 (61%)

1998-99 10920 6436 4484 (41%)

1999-2000 11232 7992 3240 (29%)

Thus, there was 61 to 29 per cent shortfall in sample analysis for ambient air quality for

which no reasons were assigned. In respect of other cities/areas where AAQMS had not


29

been established, Regional Officers who had been provided with necessary equipment and

technical/scientific staff were to collect and analyse samples for monitoring air quality.

However, the Board had not prescribed any target for sample analysis.

In five test-checked districts (Davanagere, Raichur, Mangalore, Hassan, Dharwad), number

of samples analysed ranged from 23 to 51 each year and total of 659 samples were analysed

during 1999-2001. In the absence of targets, the adequacy or otherwise of sample analysis

could not be verified in audit.

(c) Non-functional Ambient Air Quality Monitoring Stations

5 AAQMS had not been working State Government released (March 1997) Rs.30 lakh to the Principal Investigator, Centre for Atmospheric Sciences, Indian Institute of Science, Bangalore for design, fabrication and setting up of five AAQMS and their maintenance for

one year. These stations established in December 1998 at different places in Bangalore city

stopped working frequently and became defunct from June 1999 even before expiry of

maintenance period due to malfunctioning of certain components. Though these components were reportedly (February 2000) replaced, the equipment remained non-functional. Thus,

expenditure of Rs.30 lakh on these stations had been unfruitful.

3.1.7 Shortfall in analysis of air emission

Shortfall of 96 to 89 per cent in drawal of samples for emission

(a) Emission from industries

According to provisions of Section 22 of the Act, no industrial or processing unit or person

can discharge into air, emissions containing environmental pollutants in excess of the

prescribed standards. Board was to ensure compliance with this provision by drawing

samples of emission and analysing the same. According to norms prescribed by the Board,

details regarding number of samples to be drawn and analysed on the basis of number of

industries in operation and achievement thereagainst were as follows:

Year Number of

samples to be

drawn

Number of

samples

actually

drawn

Shortfall Percentage

1996-97 7609 308 7301 96

1997-98 7371 502 6869 93

1998-99 8380 404 7976 95

1999-2000 10062 1157 8905 89

2000-01 10465 1097 9368 90

Member Secretary of the Board stated (May 2000) that necessary action would be initiated to

avoid such shortfall. Out of 3468 emission samples collected and analysed, details regarding

number of samples in respect of which prescribed standards were not fulfilled had not been

maintained by the Board. However, in 39 out of 107 emission samples analysed by Central

laboratory from 1998-99 to 2000-2001, pollutant (SPM) exceeded the prescribed standard. In


30

three out of 6 test-checked districts, number of samples (emission from industries) drawn

were meagre each year ranging from 1 to 5 during 1997-2001 as against 4752 samples

required to be analysed as per norms. Stack samples were not at all analysed for four, three

and two years in Davanagere, Hassan and Dharwad districts. The ROs attributed the

shortfall in sample analysis to inadequate staff. The reply was not tenable as shortfall in

sample analysis was almost hundred per cent as against deficiency of 39 per cent of sanctioned strength in scientific and technical cadres (sanctioned-36, working-22). Out of

total 12 samples drawn in these three districts, in respect of three samples, pollutants

exceeded the standards prescribed.

Further, scrutiny of Register of Sample Analysis revealed that emission samples had been

analysed generally for SPM only and samples had not been analysed for other pollutants

(SO2 and NO2 ). Large shortfall in sample analysis and failure to analyse samples for all

types of pollutants rendered implementation of the Act ineffective.

(b) Particles generated by stone crushers

Particles generated by stone crushing units not at all monitored Board was to analyse samples for SPM in respect of particles generated by stone crushers twice a month throughout the year for each stone crusher, drawing samples at a distance of 40 metres from an isolated unit as well as from a unit located in a cluster in order to ensure that presence of SPM was within the standards prescribed in Schedule 1 to Rule 3 of Environmental Rules. Though 916 stone crushers were working in the state, particles generated by stone crushers had not been monitored at all.

The huge shortfall in analysis of air samples (61 to 29 per cent) and emission from industries

(96 to 89 per cent) and total absence of analysis in respect of stone crushers was not justified

as Board had 74 per cent of sanctioned strength in technical and scientific staff and

appropriate equipment. Evidently, there is need for examining the priority set by the Board

for these areas.

(c) Emission due to fuel wood consumption

According to standards prescribed (February1989) by the Board, when one MT of fuelwood

is burnt, it causes emission of air pollutants (SPM) of 6.5 kg. During 1997-98 to 2000-01, 7.78

lakh cubic metres (2.73 lakh MTs) of fuelwood had been sold by Forest Department.

According to standards prescribed by the Board, 1771.27 MTs of SPM had been emitted into

air. The consumption of fuelwood for domestic purpose could be reduced to the extent of 40

per cent (as per circular issued in July 1994 by Rural Development and Panchayat Raj

Department) by using to full extent the improved chullahs distributed under „National

Programme of Improved Chullahs‟ (NPIC) implemented by Zilla Panchayats (ZP)/Taluk

Panchayats (TP). However, during 1996 to 2001 as against targeted distribution of 1.26 lakh

chullahs under the scheme, only 0.42 lakh chullahs (33 per cent) were distributed in five test-

checked districts. Failure of ZP/TP to achieve the prescribed target affected air pollution

adversely.

(d) Non-monitoring of emission from Diesel Generator sets

As of March 2001, 19764 Diesel Generator (DG) sets had been registered with Electrical

Inspectorate. The Board had not brought under the purview of Acts/Rules those DG sets


31

installed in other than industries. In respect of DG sets installed in industries, the Board

stated (September 2001) that as no limit was fixed for sulphur dioxide, emission from DG

sets had not been monitored. The reply was not tenable as it was the responsibility of the

Board to fix the limit as prescribed in Section 17 of the Act and arrange for their monitoring

due to the potential of pollution from these industries.

3.1.8 Inspection

According to Section 24 of the Act, the Board was vested with the power to conduct

inspection of industrial or processing units etc., to ascertain compliance of the provisions in

Acts/Rules, examining/testing pollution control equipment. According to norms prescribed

(February 1996) by the Board, frequency of inspection was as follows:

Red Orange# Green#

Medium Once in 3 months Once in six months Once in a year

Small Once in 6 months Once in a year Once in two years

Large Once in every month

Details regarding categorisation of industries as red, orange and green were available from

1999-2000. Targeted inspections and achievements as per the earlier norm of 60 inspections

per Regional Office during 1996-97 to 1998-99 and as per the revised norms from

1999-2001 were as follows:

Year Number of inspections Shortfall Percentage

to be conducted

conducted 1996-97 108

00 1922

8878 82 1997-98 108

00 8100

2700 25 1998-99 108

00 9175

1625 15 1999-2000 193

72 10579

8793 45 2000-2001 264

81 12123

14358 54

Shortfall in inspection of industries anged from 15 to 82 per cent from 1996-97 to 2000-2001

Though number of inspections increased, the units not inspected also increased sharply. This

indicated that the Board needed to reschedule its inspections appropriately. Member

Secretary stated (May 2001) that shortfall in inspection was due to priority given for

inspection of highly polluting industries. The reply was not tenable as Board had not

maintained separate details regarding number of inspections of industries categorised as Red.

However, as against 4596 and 6624 inspections to be conducted as per norms in respect of

383 and 552 Large Red category of industries, 1824 and 1753 inspections were conducted in

respect of all large industries during 1999-2000 and 2000-2001 respectively. Even then, there

was shortfall of 60 and 74 per cent during 1999-2000 and 2000-01 respectively. Due to

inadequate inspection, larger number of industries operating without consent and without

adopting APCS were not detected.

3.1.9 Failure to monitor noise pollution

State Government had not categorised areas into industrial, residential and silence areas


32

State Government/Board did not monitor noise pollution on regular basis except on complaints. Details regarding number of complaints attended, number of cases where noise pollution exceeded prescribed standard vide Rule 3 of Environmental Rules, 1986 and action initiated on such cases were not available with the Board. Even in test-checked districts, measurements taken for monitoring of noise pollution were insignificant (11 measurements by 3 Regional Offices and 90 measurements by 2! Regional Offices) from 1996-97 to 2000-01. State Government had not categorised areas into industrial, residential or silence zone/areas (area within less than 100 sq. metres around hospitals, educational institutions and courts) as required under Noise Pollution (Prevention and Control) Rules, 2000.

3.1.13 Ineffective monitoring of vehicular emission

Vehicular emission contains air pollutants like carbon monoxide (CO), Hydrocarbon (HC),

Oxides of Nitrogen (NOX), lead, Oxides of Sulphur and Sulphur. Pollution load due to

emission of various pollutants into air by vehicles for average distance ranging from 40 to

207 kms covered per day was as follows according to World Health Organisation norms.

Data indicated that emission from vehicles contributed to air pollution on large scale.

As of Number of vehicles registered in (in

lakh) Pollution load (in MT)

Bangalore city Whole state Bangalore

city Whole state

March

98 11.30 28.04 1814.32 4695.69

March

2001 14.74 36.91 2357.92 6116.49

To prevent and control air pollution due to vehicular emission, State Government ordered

(September 1991 and September 1995) that Commissioner for Transport, Director General

and Inspector General of Police and Board should check and ensure that vehicular emission

conformed to standards prescribed in Acts/Rules. They were required to furnish compliance

report to Secretary to Government, Department of Ecology and Environment.

The RTOs were to monitor vehicular emissions by using equipment and also to check the

vehicles for possession of Pollution Under Control (PUC) certificate. As against the target of

16.55 lakh vehicles for the whole State prescribed for check by Commissioner for Transport

for emission monitoring, 8.55 lakh vehicles (52 per cent) were checked during 1996-98 for

possession of PUC certificates issued by authorised emission testing centres. No targets were

prescribed by the Commissioner for Transport from 1998-99 onwards and no compliance

report was sent by him to Government. Consequently, percentage of vehicles checked for

possession of PUC, declined significantly to 14, 12 and 8 per cent of registered vehicles

during 1998-99, 1999-2000 and 2000-01 for the State as a whole. Even while the level of

pollutants in ambient air in Bangalore city increased one to four times (263 g to 1892 g per

cubic metre) during 1998-2001, the number of vehicles checked for possession of PUC

declined from 21 per cent (1998-99) to 13 per cent (2000-01) of the vehicles registered and in


33

use. In 11 districts/regions less than one per cent of vehicles were checked while in other 12

districts/regions it ranged from 1 to 5 per cent of the vehicles registered during 2000-01.

RTOs in 3 (Davanagere, Dharwad and Raichur) test-checked districts did not directly

monitor vehicular emission. The RTOs (Hassan, Raichur and Mysore) stated (May 2001)

that emission could not be tested as equipment (smoke meter, gas analyser) used to go out of

order frequently. Scrutiny revealed delay of 10 to 24 months in arranging repairs and RTOs

failed to initiate timely action. Thus, monitoring vehicular pollution in Bangalore and other

cities in the State was grossly inadequate and ineffective.

3.1.14 Other points of interest

(i) Non-recovery of consent fees

(a) Consent fee payable by industries etc., under the Acts/Rules was revised in December

1996 and reduced in April 1998. Arrears of consent fees due to revision for the State as a

whole was not available with the Board. Scrutiny of records revealed that consent fee of

Rs.27.20 lakh for the period from December 1996 to March 2001 in accordance with revised

rate had not been paid by 53 units in test-checked districts. The regional officers stated that

notices were issued for recovery of the dues.

(b) Failure of the Board to bring 2308 industrial units and 466 units generating hazardous waste within the purview of the Acts and Rules resulted in non-realisation of consent fee of Rs.37.26 lakh for one year.

(c) The rate of consent fee leviable on any industrial unit depended on capital investment.

However, in respect of 169 software units located all over the State, consent fee was levied

with reference to investment on diesel generators instead on total investments. It was stated

by the Member Secretary of the Board that proposal had been sent (June 1999) to

Government suggesting amendment to rules. However, the proposal had not been approved.

The decision of the Board to levy consent fee with reference to investment on diesel

generators only without approval from Government was contrary to rules. This resulted in

loss of consent fee of Rs.5.13 lakh for one year.

(ii) Non-installation of laboratory equipment

Out of Rs.2.70 crore spent by the Board on purchase of various equipment under the

programme of upgradation of laboratories implemented with World Bank assistance, 8

equipment costing Rs.55.06 lakh were not installed in three laboratories (Dharwad, Mysore

and Davanagere) even after one to two years of purchase. The Divisional officers in charge

of laboratories (Davanagere) stated that firms who supplied equipment had not responded for

installation inspite of repeated reminders and in one laboratory installation was pending for

want of accommodation (Mysore).

(iii) Poor working of laboratories

Board had established seven regional laboratories and one central laboratory in the State.

The primary objective of these laboratories was to analyse water and stack samples and

report results of analysis to respective ROs. As against

45853 (19372 during 1999-2000 and 26481 during 2000-01), water and stack samples required to be collected as per norms (February 1996), only 12877 samples were collected


34

and analysed resulting in shortfall of 32976 samples (72 per cent). The RO attributed (April to May 2001) shortfall in samples analysis to inadequate staff. The reply was not tenable as 70 per cent of sanctioned strength in scientific and technical cadre were in position.

(iv) Non-submission of environmental statements

Industries were to furnish to Board annual environmental statements which contained, inter

alia, details of pollution and its control method. Out of total 6762 units (industries 6284 and

hazardous waste generating units-478), only 529 submitted environmental statements to the

Board. The Member Secretary of the Board stated that there was no provision for initiation

of penal action, but submissions of such statements was being insisted upon. In view of the

poor response by the units, the necessity of provisions for initiating penal action needs to be

considered.

3.1.15 Monitoring

Monitoring of implementation of Acts/Rules by Secretary to Government, Ecology and

Environment was inadequate as:

(a) 2623 industries and 466 industries producing hazardous waste and 33 HCEs producing bio-

medical waste had been operating without consent and authorisation respectively in violation of Acts/Rules,

(b) stone crushing units were not covered under the Acts/Rules,

(c) Proper functioning of AAQMS set up in Bangalore city could not be ensured,

(d) Instructions contained in Government order of September 1991, regarding inspection of vehicles

for emission tests were not complied with. Management of bio-medical and hazardous waste was

poor while compliance with standards for municipal solid waste management by Municipalities was

not monitored at all. Pollution load due to emission from automobiles during 1996-97 to 2001 was

not assessed though it significantly contributed to air pollution and Board was also required to

monitor vehicular emission. Thus, Secretary, Board and other authorities did not ensure compliance

with standards prescribed for various air and other pollutants.

3.1.16 The matter was referred to Government in July 2001; reply had not been received

(September 2001).

Implementation of Environmental Acts and Rules in regard to Air Pollution, Kerala

Highlights

Clean environment is of prime importance for the health of the people. A review of enforcement of

the Air Act and Waste Management Rules in Kerala revealed serious deficiency in identifying

polluting industries, monitoring emission from factories, invoking penal provisions against

polluting units and controlling pollution from vehicular emissions. Enforcement of Hazardous

Waste Management, Bio-Medical Waste and Municipal Solid Waste Rules were ineffective.

• Policy on abatement of pollution and the environment policy drafted by the State Government in 1993 and

1994 respectively were not adopted even as of March 2001.

• Out of 2.18 lakh units registered in the State, only 5250 units were identified by the PCB under the Air Act

as of March 2001. Of these, only 1798 units were brought under consent regime.


35

• There was heavy shortfall in monitoring the emission of even consented units. Stack monitoring was done

only in a few industries. Surprise inspections in 19 industrial units disclosed major shortcoming in pollution

control measures in these units.

• The deficiencies in the implementation of National Ambient Air Quality Monitoring project pointed out by

the CPCB in 1996 and 1998 remained unrectified even in 1999.

• Concentrations of Suspended Particulate Matter in respect of samples of air in Kochi City far exceeded the

prescribed standard.

• Only 32 authorizations were issued out of 89 units applied under the amended rules.

• Though the Noise Pollution (Regulation & Control) Rules 2000 came into force in February 2000,

classification of areas in the State and prescribing the enforcement agency was not decided by the State

Government as of October 2001.

• Eight vehicles acquired by Motor Vehicle Department for mounting pollution testing equipment were not

used. Fourteen Gas Analysers and Smoke Meters acquired during October 1993 to November 1998 had not

been used for road checks. The RTOs were not regularly monitoring the smoke testing stations.

• PCB has not prepared its Annual Reports since 1996-97 as required and submitted to the State

Government.

• The Standing Advisory Committee constituted in May 2000 to ensure better co-ordination and effectiveness

in the working of the PCB had not met even once as of April 2001.

3.1.1 Introduction

The preservation of the quality of air and control of air pollution is governed by the provisions of the

Environment (Protection) Act 1986 (EP Act), the Air (Prevention and Control of Pollution) Act,

1981, the Noise Pollution (Regulation and control) Rules 2000 and the Central Motor Vehicles Rules

1989. The management and handling of different categories of wastes are governed by the Hazardous

Waste (Management and Handling)

Rules 1989. the Bio-Medical Wastes (Management and Handling) Rules 1998, and the Municipal

Solid Wastes (Management and Handling) Rules 2000 notified by the Government of India under the

provisions of the EP Act. The main sources of air noise pollution were industries especially Chemical

industries, Motor vehicle, Stone crushers and Generators. Industries handling hazardous

chemical/substances and hospitals were generating hazardous, bio-medical and solid waste.


Government department viz. the Science. Technology and Environment (STED), Health and Family

Welfare, Forest & Wild Life, Irrigation, Local Self Government, Motor Vehicles and Police and the

State Committee on Science, Technology & Environment (STEC) in addition to the Statutory agency

of the Kerala State Pollution Control Board (PCB) are involved in the activities for protection of

environment. The PCB is responsible for the implementation of the Water/Air Acts and various


36

Waste Management Rules. The Motor Vehicles Department headed by Transport Commissioner is

responsible for the control of smoke emission from motor vehicles. The Police Department is

responsible for the enforcement of the provisions of Noise Regulation Rules 2000.

3.1.3 Audit coverage

The performance of the PCB for the period upto 1994095 was commenced in the Report of the

Comptroller and Auditor General of India (Civil) for the year ended 31 March 1995. The Public

Accounts Committee made (December 2000) several recommendations regarding improvement in

coverage of consented industries under Air Act and Hazardous Wastes Rules and monitoring. The

implementation of the Environmental Acts/Rules in relation of water pollution for the period 1995-

2000 was reviewed and results of the review included in the Report of the Comptroller and Auditor

General of India (Civil) for the year ended 31 March 2000. Implementation of the provisions of the

Air Act, various Waste Management Rules and the regulations in the Central Motor Vehicles Rules

for the period 1996-97 to 2000-2001 was reviewed during September 2000 to March 2001 with

reference to the records of the implementing agencies and various departments. The audit findings are

discussed below.

3.1.4 Financial Outlay

The details of funds received and spent by the PCB during 1996-2001 were as under:

Year

Receipt Expenditure met from

State Grant

Central

Grant

Total

State funds

Central

funds

Total Plan Non-

plan

Plan Non-plan

(Rupees in crore)

1996-97 1.75 0.46 0.04 2.25 1.05 1.16 0.17 2.38

1997-98 0.50 0.99 0.43 1.92 1.79 0.88 0.25 2.92

1998-99 1.75 1.44 0.27 3.46 1.83 0.88 0.14 2.85

1999-00 1.75 2.39 0.20 4.34 2.76 1.57 0.28 4.61

2000-01 1.31 2.18 0.20 3.69 2.59 1.67 0.29 4.55

Total 7.06 7.46 1.14 15.66 10.02 6.16 1.13 17.31

The excess expenditure over the receipt was met from the opening cash balance of Rs 4.66 crore

available as on 1.4.1996.

3.1.5 Declaration of air pollution control area

Under Section 19 of the Air Act, the State Government is empowered in consultation with the PCB

to declare any are within the State as Air Pollution Control area. Under Section 21 of the Act it is a

pre-condition for enforcement of the provisions of the Act regarding obtaining of consent of the PCB


37

before establishing/operating industrial units. Government declared the entire State as Air Pollution

Control Area in November 1993.

3.1.6 Policy declarations and co-ordination

The national conservation strategy and policy on environment and development was enunciated in

June 1992. State Government prepared a similar draft policy statement in 1994. The Environment

Protection Programme Planning Committee constituted (October 1997) by the State Government

considered the draft by September 1999 suggested (March 2000) certain additions/modifications to

the draft. The final draft was pending with Science, Technology and Environment Department as of

March 2001. Thus, the policy conceived by the State Government in 1992/1994 could not be

formally adopted even after more than the seven years.

Government of India made a policy statement abatement of pollution as early as March 1992. A

similar draft was prepared (1993) by the PCB and forwarded (July 1994) to the State Government.

The final draft document was pending with the State Government for seven years (October 2001).

3.1.7 Inadequate coverage of polluting agencies under Air Act

Though there were 2.18 lakh industrial units (18,493 major and medium and 1.99.827 small scale

units) registered with the Directorate of Factories and Boilers/Industries Department as of March

2001, the PCB identified only 5250 industrial units (3 percent) (250 large and medium and 5000

small-scale units) as pollution significant under Air Act as on 31 March 2001. Of these 1798 units

(190 large and medium and 1608 small-scale units) were brought under consent as of March 2001.

Thus, only 34 per cent of the identified industries are presently covered under the surveillance of the

PCB. Test check of records in 9 field offices revealed that of the 293 consented units, 13 units were

functioning without renewal of consent.

In Thiruvananthapuram district, five private hospitals (Suchitra Hospital at Kilimanoor, Valsala

Nursing Home, G. G Hospital, SUT Hospital at Thiruvanantyhapuram) and two Government

hospitals (Government Hospital at Neyyattinkara and Attingal) did not apply for consent under

Water and Air Acts despite public complaints against those units and specific directions issued by the

PCB during January 1994 to June 1999. No follow up action was taken by the PCB (May 2001).

3.1.8 Ineffective enforcement of emission standard

The PCB was required to enforce the emission standards prescribed under the Air Act in respect of

the consented units through monitoring by collection and analysis of stack samples at prescribed

regular intervals. The PCB did not collect and analyse stack samples or ambient air samples at

periodical intervals. However, the Environmental Engineers of the District Offices were instructed by

the PCB (January – February 2001) to monitor industrial emission and ambient air quality and sound

levels at the rate of only one monitoring a year in respect of large an medium industries including all

stone crushers.

i) Inadequate monitoring


38

The details of stack and ambient air monitoring carried out during 1996-2001 were as under:-

Details

No. of units for which stack monitoring was required to be done 898

No. of industries monitored 116 (13 per cent)

No. of stone crushers to be monitored 900

No. of stone crushers monitored 16 (2 per cent)

The Regional Office, Ernakulam has under it the largest concentration of air polluting industries

(639) like FACT, HIL, TCC, of which 59 were chemical industries (11 large, 10 medium and 38

small units). However, there was no stack monitoring since June, 1999 as the Monitoring kit and Gas

Analyser which went out of order in June 1999 were not repaired as of March 2001. No stack

monitoring was done in Alappuzha as no Stack Monitoring kit was supplied to the District Office.

During the period, in Kannur, Kollam and Thrissur districts one each out of 125, 246 and 106

industries respectively was monitored. Even the limited stack monitoring done done during

November 1996 to March 2000 in respect of 7 major polluting industries in three districts

(Ernakulam: 5, Kollam: 1 and Thrissur: 1) disclosed excess concentration of pollutants like Mercury

(0.27 – 6.14mg/NM3 as against the standard of 0.2mg/NM3) Sulphur dioxide (862- 1126mg/NM3

as against the standard 400mg/NM3) and Carbon monoxide (200 mg/NM3 as against the standard

of 175 mg/NM3. PCB state (may 2000) that they were concentrating on major industries, which had

4 to 20 stacks each with height ranging from 6 to 90 meters. The shortfall in monitoring was

attributed by the PCB to the difficulties in carrying the monitoring kit to the top of the stack and

shortage of manpower.

a) Surprise checks

Surprise inspections conducted by the PCB at the instance of Central Pollution Control Board

(CPCB) (November 1999) during December 1999 – January 2001 in respect of 19 industrial units

revealed the following:

(i) Ponmudy Paper Mills, Trivandrum was operating with stack height kept at 11 metres and 6 metres

as against the stipulation of 20 metres and 11 metres respectively as per consent condition.

(ii) In McDowell and Co. Ltd., (Brewerie) 2 out of 3 boilers had no stack monitoring facility and

concentration of Sulphur Dioxide was in excess of standards.

(iii) Kavanar Latex., Pala (Rubber Industry) was working without Board‟s consent.

(iv) In Kerala Minerals and Metals Limited (KMML), Chavara stack height of generator was only 6

metres as against 10.5 metres required. There was leakage of chlorine and emission quantity exceeded

the limit prescribed in 2 out of 16 stacks during May 1999 to March 2000.


39

(v) In Merchem Ltd., Edayar emission was not scrubbed before being let out into the atmosphere.

These findings indicated that the Regional/District Offices were not effectively monitoring emission

levels and pollution controls system in the industries.

b) Stack monitoring reports of industries

In the absence of regular, periodical stack monitoring, collection of air samples and analysis thereof

by the PCB themselves, the PCB depended on Stack Monitoring Reports by the consented units who

were required to submit the reports at prescribed intervals. Test-check of records in respect of 25 units

in two districts (Kollam and Thrissur) revealed that the number of monthly, quarterly and half yearly

monitoring reports received (January 2000 – March 2001) were only 6, 11 and nil as against 15, 130

and 17 respectively due as of March 2001. As such, monitoring of emissions of industries was

inadequate. In the absence of proper monitoring, cases exceeding emission standards were not

detected and legal provisions against the defaulting units not invoked.

ii) Ambient Air Quality Monitoring

a) National Ambient Air Quality Monitoring (NAAQM) Project was initiated in 1984 by CPCB as a

100 per cent Centrally assisted scheme in order to develop a reliable database for the whole country.

Each year 104 samples (2 per week) were to be collected from each monitoring station to be set up

and maintained by the PCB. The parameters included were suspended particulate matter (SPM – 8

hourly), Sulphur dioxide (SO2 – 4 hourly and Oxides of nitrogen (NOX – 4 hourly). Supporting

meteorological data were to be collected from Indian Meteorological Department. As of March 2001

the PCB set up 11 stations in 5 districts as against 13 sanctioned by the CPCB. The shortfall was

attributed to difficulty in finding out suitable locations. i) In four districts*, 5200 monitoring were to

be done during the 5 years. But number of monitoring actually done was nor done intimated as of

October 2001. There was no periodical inspections of the NAAQM stations in the districts from the

head office as required under the guidelines of the project. The PCB stated (May 2001) that a surprise

inspection of the monitoring station at Thiruvaanthapuram was conducted in January 2001. As the

report was not available to Audit, the statement was not susceptible to verification.

ii) Though the monitoring reports were to be sent to CPCB monthly, these were not sent regularly

and shortfall was to the extent of 6 to 40 per cent as indicated below.

Year Number of

monthly reports due from 4

districts

No. of reports

sent

Shortfall Per cent of

shorfall

1996-97 48 29 19 40 1997-98 48 45 3 6 1998-99 48 31 17 35

1999-2000 48 43 5 11 2000-2001 48 41 7 16


40

Maximum shortfall was noticed in Kozhikode district (19 reports) followed by Kottayam district (15

reports).

iii) CPCB in their inspection reports for the years 1996 and 1998 adversely commented on the poor

maintenance of the stations, the non-representative location of one station in Thiruvananthapuram

city, lack of training for the field staff in collecting the samples, non-observance of norms in

monitoring, non-inclusions of meteorological data, non-maintenance of field data sheet and record of

monitoring by the field staff, etc. Inspection report of the CPCB in 1999 reported the defects pointed

out in earlier reports as they remained unrectified.

iv) A study conducted by the Indian Institute of Science, Bangalore revealed that NAAQM stations

set up at a height of 3.5 metre from the ground level was more than 1.5 metre beyond the normal

breathening level of human beings. According to their findings, the data collected by such stations at

longer intervals would not indicate the correct level of pollutants in the ambient air samples.

b) Ambient Air Quality Monitoring Project The PCB set up 3 ambient air quality monitoring

(AAQM) stations in 3 districts between May 1998 and November 1999. Analysis of ambient air

samples in Kerala Minerals and Metals Ltd. station in Kollam district during September 1999 to July

2000 revealed that the concentrations of Sulphur dioxide and Oxides of Nitrogen was in the range of

141 to 460 Mg/NM3 as against the standard of 120 Mg/NM3. Such excess concentration has

adverse effect on the respiratory system of human beings. No monitoring was done since August

2000 by the district office, Kollam as the equipment was defective and lying without repair as of

March 2001. District Office, Alappuzha did not review data of ambient air quality in Kerala State

Drugs and Pharmaceuticals Ltd. stations from June 2000. Thus, this was not monitored. No reason

was furnished for the same.

c) High concentration of SPM in Kochi Area

Samples of Suspended Particulate Matter (SPM) indicated high concentration at different stations in

Kochi city as shown in the following table:

Sl. No

Name of Station

Period No. of samples out

of

Actual concentration (In Mg/Nm3)

Classification

Standard (In

Mg/Nm3)

1 Irumparam May 1998-Nov. 2000

19-372 531-2326 Industrial 500

2 Eloor “ 8/372 503-1238 Industrial 500 3 Vyttila “ 18/372 530-891 Residential 200 4 Wellingdon

Island “ 36/372 530-1590 Residential 200


41

In two stations in Kochi, (Travancore Chemicals & Metals and Fact Cochin Division) maintained by

the respective industries the concentration of SPM during February – March 2000 was found to be in

the range of 62-1058, Mg/NM3 and 272-4423 as against the permissible Level of 500 Mg/NM3.

concentration of SPM in excess of prescribed standards revealed inadequacy of pollution control

measures in these industries.

3.1.10 Vehicular Pollution

a) Ineffective enforcement

Regulation of vehicular emissions under the Central Motors Vehicles (CMV) Rules came into being

in 1989. Enforcement of the provisions was, however, not taken up until the Kerala High Court

directive in January 1993. the Motor Vehicles Department acquired 14 gas analysers and 14 smoke

meters at a cost of Rs.48.55 lakh and 5 Tempo trucks and 14 Tata Sumo vehicles at a cost of Rs.62.94

lakh during October 1993 to November 1998. these equipments were to be mounted on vehicles for

use as mobile units for conducting road checks. Of the 14 Regional Transport Officers (RTO) only 6

RTO‟s were provided with smoke meters and 8 with gas analysers by November 1998.

Test-check of records in 9 RTOs and information received from the Transport Commissionerate at

Thiruvantapuram revealed that 8 out of 9 vehicles were diverted without mounting the equipment for

purposes other than road checks. During June 1998 to December 2000 no road checks were

conducted in 5 districts and in the remaining 9 districts checking was irregular. Even the cases

detected were based on either non- availability of Pollution Under Control Certificate (PUC) or using

air horn or emitting excessive smoke etc. and not on the basis of testing emissions with the

equipment. Thus, the testing equipment were not used at all in any of the districts though Rs. 51.02

lakh inclusive of a sum of Rs. 2.47 lakh was spent on them.

Under CMV Rules every motor vehicle was required to conform to prescribed emission standards

and obtain a valid PUC issued by licensed smoke testing station (Rule 115).

The State Government assured the Hon‟ble High Court that the provisions of CMV Rules would be

implemented throughout the State by the end of 1996-97 and all RTOs were instructed (May 1996)

accordingly. But in June 1999 the Transport Commissioner noted that despite providing all

infrastructure facilities no substantial progress was achieved and instructed (December 1999) that all

Government vehicles should conform to the emission standards and requirements of PUC. But,

compliance of these instructions were not monitored (May 2001).

b) Licensing of Smoke testing Stations

The State Government issued the guidelines for setting up smoke testing stations in August 1993 and

in February 1996. as of December 2000, the Department issued license to 117 testing stations in the

private sector in the State. It was noticed that there was no prescribed system for regular monitoring

of the testing stations by the RTOs.

c) Pollution by KSRTC vehicles.


42

Kerala State Road Transport Corporation (KSRTC) had a fleet strength of 4473 buses as of

December 2000 of which 102 vehicles were more than 12 years old. In November

1999, the Transport Commissioner observed that KSRTC was the main offender on both counts i.e.,

levels of emission and sound. But the RTO Thiruvanthapuram with whom all the KSRTC vehicles

were registered was not supplied with any testing equipment and no monitoring was carried out in

respect of the KSRTC vehicles buy the Motor Vehicles Department (June 2001).

Thus despite provision of rules for various measures such as PUC Certificate, compounding of

offences by levying fine etc., the problem of controlling or preventing vehicular smoke pollution in

towns and cities were not addressed.

3.1.11 Ineffective Internal Control

The PCB did not have adequate internal controls to monitor its functioning till September 1997. it

Prescribed submission of various reports and returns by the field offices between October 1997 and

July 1999. A system of surprise inspection was introduced from December 1999. Implementation of

these measures were ineffective.

Test-check of the records of the PCB revealed that there were heavy shortfall in the receipt of the

returns as indicated below:

SL

No.

Details of returns/Meetings Period of Test

Check

Report/Meetings Shortfall

(per cent) Due Received

1 Monthly Reports of activities

due from 9 field offices

9/98 to 3/2001 270 Nil 100

2 Industry-wise Half yearly

progress reports due from 9 field

offices

4/98 to 3/2001 54 22 59

3 Quarterly Meetings of

officers

10/97 to 3/2001 14 2 86

4 Monthly meetings @ 7 per

month in the Head Office

1/99 to 3/2001 189 27 86

5 Surprise checks 12/99 to 1/2001 26 19 27

Inspection notes issued by the Surprise Inspection Team were not replied to by 8 inspected units. No further inspections by the local field offices were conducted to ascertain the extent of compliance required by the inspection squad.

3.1.12 Annual Report

Under the Air Act the PCB was required to prepare an annual report of the activities of the previous financial year and present it to the State Government by 31 July of the succeeding

financial year fro being presented to the Legislature by 31 December. But the reports for the year 1996-97 to 1999-2000 were not finalized by eh PCB as of March

2001. Thus the legislature was not informed of the activities of the PCB. Reports published up to 1995-96 did not include environment status of the relevant years.

3.1.13 Court Cases


43

The PCB is empowered to file restrainment application and prosecution cases against any agency responsible for generating emissions in violation of the provisions of the Air Act.

Even though there were instances of operating industries without consent, non- compliance of consent conditions etc., the PCB did not invoke the penal provisions under the Act. Only

3 prosecutions launched during 1989-2001 of which one was withdrawn and the two disposed of in favour of the PCB. PCB stated (May 2001) that launching of prosecution

involves a great deal of man-power inputs and long wait for final orders. Therefore, it was issuing orders of closure/disconnection of electricity and water supply services.

Out of 130 court cases field under the Air Act by aggrieved individuals and Non-

Governmental organizations against industries, stone crushers, slaughter houses, hospitals, etc. during 1995-2001 impleading PCB as one of the respondent, 106 cases were pending

disposal as of March 2001.

3.1.14 Evaluation and Co-ordination

(i) Standing Advisory Committee

Based on a directive (November 1999) of the Kerala High Court, the PCB constituted (May 2000) a Standing Advisory Committee consisting of the representatives of the PCB, CPCB

and the State Government to ensure better co-ordination and effectiveness in the functioning of the PCB. Though the committee was to meet quarterly in order to take stock of the pollution problems and control measures, it did not meet even once, as of April 2001.

(ii) Evaluation

Though the PCB has been functioning for 26 years, its performance has not been evaluated

either by the State Government or by the PCB so as to gauge the impact of pollution control measures undertaken by the PCB on the status of environment. The proposal of the PCB to

entrust the evaluation work to the Institute of Management in Government submitted to the State Government in February 2001was pending clearance as of May 2001.

3.1.15 Conclusion

The review brought out inadequancy in identification of pollution industries and other units. Monitoring and preventing air pollution by smoke emissions from factories, motor vehicles and the stone crushers was ineffective. The PCB, Motor Vehicles Department, Health department and industries department of the State Government need to co- ordiante effectively for achieving effective implementation of the Air Act./Waste Management Rules in the State.

The matter was referred to Government and the Member Secretary, PCB in July 2001. Reply

has not been received (October 2001).

Environment Acts ands Rules relating to Air Pollution, Madhya Pradesh

Highlights

With a view to prevent and control Air Pollution and have efficient waste management. Air

pollution and Control of Pollution Acts 1981 and the Environment (protection) Act 1986

(Environment Act) were enacted. M.P. State Pollution Control Board (Board) was responsible for


44

implementation of the Acts. Board failed to prepare required comprehensive programme for

prevention, control and abatement of air pollution. Industrial units, mostly stone crushers were

operating without the approval of the Board. 30 per cent identified vehicles emitting air pollutants

in excess continued to ply on road because of lack of coordination between the board and traffic

police. Air Pollution in the thermal plants could not be controlled even after installation of Air

Pollution Control (APC) equipments. Bio-medical waste generated in hospital was not treated and

disposed of an required.30 per cent vehicles on roads caused emission in excess of prescribed limit.

(Paragraph 3.2.6.2)

Shortfall in collection and analysis of air samples in Industries was high in Bhopal (73 per cent)

and Durg (62 per cent). Even after installation of Air Pollution Control Equipments in thermal

power plants the emission level of SPM was 305 to 466 per cent higher than prescribed limit.

(Paragraph 3.2.6.4(i)(ii))

Bio-medical waste could not be disposed of properly in Government hospitals and Nursing homes

due to non-installation of incinerators. The waste generated in these hospitals was not segregated,

treated and disposal of as per provision of the Act. (Paragraph 3.2.7.1(a))

The Sities for disposal of hazardous waste of the industries were identified late and were not

developed. Hence the waste was not disposed of properly and was posing a serious threat to Public

Health. (Paragraph 3.2.7.2(a))

No action plan was prepared by the local bodies for management and disposal of Urban Solid

Waste. (Paragraph 3.2.7.2(b))

3.2.1 Introduction

The Process of industrialization and urbanization has an adverse impact on the environment leading to air pollution. The increase in the air pollution attracted the attention of the Central

Government, and parliamentary enacted the Air(Prevention ane Control of Pollution) Act 1981 for prevention and control of air pollution. Further a more comprehensive Act viz., the Environment (Protection) Act 1986 (Environment Act) was enacted. Under the Act, the

Central Government made the following rules:-

Hazardous waste (Management and Handling) Rules 1989. Manufacture, storage and

import of Hazardous Chemical Rules, 1989. Bio-Medical Waste (Management and Handling) Rules 1998 and Urban Solid Waste (Management and Handling) Rules 2000.

The implementation for the above rules in the state except the Urban Solid Waste (Management and Handling) Rules 2000 was entrusted to the M.P.Pollution Control Board (PCB). While the Urban Development Department had overall responsible for Enforcement

of the urban solid waste management & handling) Rules 2000, local bodies were responsible

for implementation of the provision.

3.2.2 Organisation Setup

The Board with its headquarters at Bhopal was under the overall administrative control of Housing and Environment Department. It is headed by a Chairman and has a Member

Secretary, five members representing state Government and five members representing interests of Agriculture, Fisheries, Industries or Trade or any other interest and two members

representing companies/corporation owned, managed/controlled by State Government. The Board has three Zonal offices at Gwalior, Jabalpur and Rajpur and fourteen Regional offices.


45


Records relating to Prevention and Control of Air Pollution, Management of Hazardous

Waste Management and Handling of Bio-Medical Waste test check for the period 1996-97 to 2000-01 during March 2001 to June 2001 in the Office of the Member Secretary, Madhya Pradesh Pollution Control Board, Bhopal and six Regional Offices. Audit coverage also

extended to the Urban Development Department. The point‟s notices during test check are discussed below.

3.2.4 Financial Position

The Board received grant-in-aid from the State Government/Central Government and also collected consent fee, annual license fee and water cess from the industries. The

details as under:-

(Rupees in crore)

Year Amount of

Grant

Income from

other

Sources

Total Expendit

ure

Saving

1996-97 4.82 5.68 10.50 6.07 4.43

1997-98 2.90 6.24 9.14 7.46 1.68

1998-99 5.65 9.21 14.86 7.76 7.10

1999-00 5.40 9.51 14.91 9.56 5.35

2000-01 2.46 7.53 9.99 NA NA

Total 21.23 38.17 59.40 30.85 18.56

Though the grants were received for specific projects/schemes, projects/scheme-wise

accounts were not prepared. The account for the year 1999-2000 had not been finalized so far (May 2001). The Board as per Act 1981 was required to submit its annual reports to the

State Government before the need of July for being laid before the State Legislature by the end of December each year. Audit observed that there were delays of 78 to 137 days in the

submission of the annual reports by the Board and a consequential delay of 35 to 114 days in placing it before the State Legislature during 1996-97 to 1999-2000.

3.2.5 Survey and Planning

Under the Air Act of the Board was required to make comprehensive programme for prevention, control and abatement of air pollution ion the state for which it was essential that the polluting industries should be surveyed. However, it was observed that no survey was

conducted dur to shortage of staff. Thus the Board was unaware of the Number of polluting industries in the state.

3.2.6 Prevention and Control of Air Pollution

3.2.6.1 Industrial units operating without consent of the Board

Under the provision of the Air Act, industrial activities were not to be carried out in the state without the consent of the Board. Test check of the records of the regional offices at Bhopal,

Bhilai, Gwalior and Indore-I and Indore-II revealed that 270 out of 342 industries mostly stone crushers, identified as causing air pollution by the Regional Officers, were operating

from 1996 to 2001 without the consent of the Board. Out of these only 72 units were


46

granted consent/renewal of consent in the year 1999-2000 i.e., much after the start of production. This indicated that the provisions of the Act were not enforced properly.

3.2.6.2. Monitoring of Vehicular Pollution

Under section 20 of the Air Act 1981, the Board had to inspect vehicles with or without the help of the Traffic Police and Transport authorities to ensure that the standards for emission

of the Air pollution by vehicles were being compiled with. The Board had identified (October 1994) the points of heavy traffic in 13 cities of Madhya Pradesh for monitoring the emissions

of air pollutants from vehicles. Out of 90.609 vehicles checked 27552 (30 per cent) vehicles were found causing air pollution in excess of the limit prescribed as per details given below:-

Year Total number of

Vehicles monitored

Total number of

Vehicles exceeding

emission limit

Percentage of Vehicles

exceeding limit

1996-97 18805 5718 30

1997-98 18430 5970 32

1998-99 19709 5948 30

1999-2000 17960 5619 31

2000-2001 15705 4297 27

Total 90609 27552 30

It was observed that emission levels of the vehicles in Gwalior, Durg and Bhopal were much higher in comparison to other cities. Details of action taken by the Transport authorities in this regard were not available with the Board.

On being pointing out, R.T.O Gwalior stated that the fitness certificate of 919 vehicles emitting excessive pollution in Gwalior Township had been cancelled during 1996-2001.

Further action to stop their plying on road had to be taken by the traffic police. The lack of co-ordinate between the PCB, Transport authorities and Traffic Police resulted in continued

pollution by such vehicles(December 2001).

3.2.6.2 National ambient air quality monitoring (NAAQM)

Central Pollution Control Board had launched the project of monitoring of ambient air

quality in selected cities and industries areas in1984. The Board had been monitoring the ambient air quality under this project since 1987. The ambient air quality was monitored at 19 centres located in 8 towns for three Parameters viz. Suspended Particular Matters (SPM).

Sulphuric di-oxide (SO2) and Oxides of Nitrogen (NOX). The details are as under:-

No. of NAAQM

station

No. of samples to

conducted

No. of samples

collected

Shortfall Percentage of

shortfall

19 stations in 8

town

SPM 5928

SO2 11856

NOX 11856

SPM 4752

SO2 8820

NOX 8876

1176

3036

2980

20

26

25

The reasons for shortfall against targets were stated to be disordered of instruments and heavy rains.


47

An analysis of the result indicated that the quantum of SPM was in excess of the prescribed limit. The maximum quantum of SPM in some of the NAAQM station as observed during

the period 1996-2001 were as under:-

Sl. No Name of the

City

Prescribed

SPM limit

Month of

Analysis

Maximum

SPM found

Excess

Percentage

1. Bhopal 150 March 2000 773 415

2. Durg (Bhilai) 150 January 2000 1556 937

3. Indore 150 March 2000 848 465

4. Jabalpur 150 March 2000 588 292

5. Raipur 150 March 2000 583 289

Thus Bilai, Indore and Bhopal were found to be highly polluted cities. Though Gwalior was

not a selected own for air monitoring under the scheme “NAAQM” it was observed during the test check of the records of the R.O. Gwalior that the quantum of SPM was 1285 in

December 2000 and 1306 in May 2001, which was 757 and 771 per cent more than the prescribed limit. No remedial action or corrective measures had been taken to bring down the pollution level with in the prescribed limit.

3.2.6.3 Air quality monitoring and inspection and industries

(i) Non-achievement targets

According to provision of the Act, the Board was required to conduct periodical inspection

for prevention, control and abatement of air pollution. Board had not fixed any annual targets for inspection of industries but only annual monitoring targets were proposed by the Regional offices of the Board for their execution as per facilities available there. Test check of

records in the Regional offices at Bhopal, Durg, Gwalior, Indore and Jabalpur further revealed that the number of industries monitored were 19 to 73 per cent of the target fixed by

the Board in annual packages. The position of the targets fixed, samples collected and analysed by the R.Os during the period 1996-97 to 2000-01 was as under:-

Sl. No Name of Regional Office Target Fixed Samples actually Shortfall and

collected and analysed percentage of

shortfall

1. Bhopal 548 146 402(73)

2. Durg 942 361 581(62)

3. Gwalior 886 681 205(23)

4. Indore 1095 717 378(35)

5. Jabalpur 482 394 88(18)

The high shortfall was attributed to heavy rains, breakdowns of electricity and disorders and frequent breakdown of sampling instruments. The reply was not tenable as due to high

shortfall in collection of air samples instruments. The reply was not tenable as due to high shortfall in collection of air samples. The quantum of air pollution could not be adjudged and remedial measures could not be taken to control the pollution. Thus, the objective of

prevention and control of air pollution was defeated.


48

(ii) Excess emission in Thermal Power Plants

Audit observed that the emission levels of suspended particulars matters (SPM) in the Thermal Power Plants was much higher than the prescribed limit though the Air Pollution Control (APC) equipments viz, Electro Static Precipitators (ESP) and Bag filters were installed. The emission level of some Thermal Power Plants during the period 1996-2000 were as under:

Sl. No Name of the

Thermal Power

Plant

Prescribed level

of SPM

Date of

Samples

Maximum

emission level

of SPM

Excess

percentage

1. Satpura thermal

Power Plant Sarni

150 February

2000

849 466

2 M.P.E.B.

(East)Thermal

Power Plant, Korba

150 February

2000

643 329

3. --- do --- (West) 150 February

2000

608 305

Even thpough the inspections and air monitoring of these Power Plants were carried out by the Board, emission level had not been brought down within the prescribed level. On this

being pointed out, the Member Secretary stated that the Thermal Power Plants and the ESP installed for control of fly ash were of old design. The reply was not tenable as the ESP should have been replaced/upgraded to ensure control of air pollution.

(iii) Excess emission of air pollutants in cement plants

Test check of records of the Boards revealed that the Environment in the vicinity of the cement plants was highly polluted. The suspended particulate matter (SPM) emitted in

the air was beyond the permissible limit. The position of SPM in a few cement industry locales during the period 1996-97 to 2000-01 was reported as under:

Sl.N

o

Name of Cement

Industry

Prescribed

limit of SPM

Date of

Sampling

Maximum level

of SPM recorded

Percentage

maximum

level

1. Modi Cement

Raipur

150 March 1998 2344 1463

2. Grasim Cement

Raipur

150 April 1998 272 81

3. Maiher Cement 150 September

2000

1045 597

4. Prism Cement

Satna

150 November 1999 556 271

5. Birla

Corporation

Limited (Cement

Division), Satna

150 September

1999

1269 746

Thus the emission of Cement dust far exceeded the prescribed SPM limit. Further the APC equipments were not checked regularly to ensure their proper functioning. Through

these units/plants were operating under consent, Board did not take legal action against


49

these industries. On being out, the Board stated that notices were issued to these industries units.

(iv) Excess emission of air pollutants in other industries

Test check further revealed that the emission level of air pollutants in the vicinity of certain industries was very high. The result of analysis of air samples in some major industries

where air pollutants were found are highest level during the period 1996-97 to 2000-01, were as under:

Sl. No Name of Industry Limit

Prescribed

Month Maximum

SPM noticed

Percentage

of Excess

emission

1. HEG Ltd. Boral

Durg

150 February

2000

1414 843

2. D.M.C. Kumhari

Durg

150 June 2000 836 457

3. Bhilai Steel Plant

Bhilai Durg

150 December

2000

2342 1461

4. Tata International

Ltd. Dewas

150 September

2000

1677 1018

5. Maral Overseas

Ltd. Dewas

150 January 1998 520 247

6. S. Kumar Dewas 150 August 1998 1841 1127

7. Ranbaxy

Laboratories, Dewas

150 September

1998

2480 1553

8. HR Johnson Ltd.

Dewas

150 November

2000

2896 1831

9. Lilason Breweries

Ltd. Bhopal

150 February

1998

955 537

Member Secretary stated (June 2001) that notices were issued to the industries for taking necessary steps. It is apparent that no penal proceedings were initiated against the defaulting

industries.

3.2.6.4 Non-Installation of Air Pollution Control Equipment (APCs)

Section 21 (5) of the Air Act makes it obligatory for industrial plant, to install and operate

air pollution control equipments of such specification as the Board may prescribe.

It was observed that though 583 large/medium and 2192 small scale industries were required to install APCs, only 551 Large/medium and 1432 small scale industries had installed APCs

as on March 2001. Member Secretary informed that small scale industries were finally not capable of installing the APCs and 32 large industries were being persuaded to install the APC.


50

Implementation of Environmental Acts and Rules relating to Air Pollution, Maharashtra

3.1.1 Highlights

The biological, ecological and atmospheric degradation has direct impact on the quality of

life and depletion of natural resources. In the process of industrialisation and urbanisation the environment was being contaminated, damaged and destroyed. There has been an increasing awareness on environmental issues in public policy.

The review revealed that air pollution in the State and in the major cities showed an increasing trend during 1997-98 to 2000-2001. Extent of industrial air pollution was not

properly assessed by the Maharashtra Pollution Control Board as adequate samples were not available. The vehicular air pollution in Mumbai city has gone up to alarming level. The

important recommendations made by the Committee appointed by the Bombay High Court for replacement of old engines with Compressed Natural Gas engines and scrapping of old

vehicles are yet to be implemented by the State Government. The compliance of the

Biomedical Rules by majority of the big hospitals in the State was not ensured even after expiry of the implementation period. Hazardous waste generating industries in the State

disposed off the waste by landfill method without providing adequate treatment. Most of the industries remained were not covered in the inspections conducted by the Maharashtra

Pollution Control Board. Domestic solid waste generated in the urban areas of State is dumped untreated in absence of processing facility.

The ambient air quality in the State had declined as the major parameters of air pollution have

exceeded the prescribed standards and is at high levels in most of the air quality monitoring stations

including those in Mumbai city.(Paragraphs 3.1.5.1 and 3.1.5.2)

The vehicular air pollution in Mumbai city is at alarming levels and the pollutants have far

exceeded the prescribed standards. Combating the pollution in compliance of the directions

issued by the High Court of Mumbai, is affected due to non-availability of cleaner fuel,

change of existing vehicle engines and scrapping of old vehicles. (Paragraph 3.1.5.3)

Industrial air pollution was virtually not assessed by the Board due to 90 per cent shortfall in the

stack monitoring. Twentysix per cent of industries had not installed air pollution control

devices/equipments. There were 15581 red and orange category industries in the State

constituting 34 per cent of the total number of industries, of which 6305 are air polluting industries.

The Maharashtra Pollution Control Board does not have industrial category wise data of air

polluting units. (Paragraph 3.1.5.5)

Air monitoring vans fitted with imported air quality monitoring instruments purchased by the

Maharashtra Pollution Control Board at a cost of Rs 3.17 crore could not be optimally utilised due

to frequent technical faults. (Paragraph 3.1.5.6)

Monitoring of the air pollution caused by the stone crushing industry had been neglected by the

Maharashtra Pollution Control Board due to inadequate sampling and field inspection. The

Board was also not aware of the functional status of many units. (Paragraph 3.1.5.7)

The thermal power stations of the Maharashtra State Electricity Board had also added to the air

pollution as more than 50 per cent of the samples in five stations revealed that the fly ash content

had exceeded the prescribed limits. (Paragraph 3.1.5.8)


51

3.1.2 Introduction

To deal with environmental pollution, Central Government enacted the Air (Prevention and

Control of Pollution) Act, 1981 to provide for prevention and control of air pollution. Subsequently a more comprehensive Act viz The Environment (Protection) Act, 1986 was enacted by the Parliament as an umbrella Act to cover all the specific and general

provisions left out by earlier enactments. Government of India also brought out a National Conservation Strategy and Policy statement on Environment and Development in June 1992

which emphasised the needs of attaining the goal of an environmentally wise society.

The results of review of the implementation of water pollution control measures by the

Comptroller and Auditor General of India were mentioned in para 6.5 of the Audit Report, Government of Maharashtra (Civil) for 1999- 2000. A review of the Environment Protection Act and the rules enacted thereunder for the control and prevention of Air

Pollution, Waste Management and management of Hazardous, Biomedical and Solid Waste, the working of the State Environment Department (SED) and the Maharashtra Pollution

Control Board (MPCB) was conducted during March-June 2001. The major findings of

Audit Review are mentioned in the succeeding paragraphs.

3.1.3 Organisational set-up

The SED formulates the policies and programmes for implementation of the provisions of the Environment Protection Act, and oversees the working of the main regulatory body, the MPCB.

The MPCB is an autonomous body set up in 1970 headed by a Chairman. The Member Secretary of the MPCB executes its decisions. It has 11 regional offices and a central

laboratory at Navi Mumbai, besides seven regional laboratories attached to the regional offices.


The working of MPCB in relation to Air (Prevention and Control of Pollution) Act, 1981 and Environment Protection Act, 1986 was reviewed for the period 1996-97 to 2000-2001

by test-check of records at its Headquarters. Out of the 11 regional offices, records of eight

offices and those of the Transport Commissioner (TC), relating to control of vehicular

pollution were test- checked. The findings are mentioned in the succeeding paragraphs.

3.1.5 Air pollution

3.1.5.1 Status of ambient air quality in Maharashtra

The Air Act 1981 was initially made applicable to the chemical industrial zone of Mumbai

Metropolitan Region and industrial areas of Roha, Patalganga and Tarapur and thereafter in

November 1995, the entire Maharashtra State had been declared by SED as Air Pollution

Control Area. Ambient Air Quality Monitoring (AAQM) is watched mainly under National Ambient Air Quality Monitoring (NAAQM) Programme funded by the Central Pollution

Control Board (CPCB). In the State, 25 stations are being operated and several educational institutions are involved in the activity.

The standards of various air pollutants have been defined by the CPCB in 1994 in

terms of their Annual Arithmetic Mean i.e. average of minimum of 104 measurements in


52

a year taken twice a week 24 hourly at uniform intervals. It is also provided that 24 hourly values should be within the limits in at least 98 per cent of the measurements in a year.

Details of ambient air quality standards prescribed are as follows:

Pollutant Time weighted

average

Concentration in ambient air

Industrial area Residential area

Sulphur Dioxide (SO2) Annual 80 60

24 hours 120 80

Oxides of Nitrogen

(NOx)

Annual 80 60

24 hours 120 80

Suspended Particulate

matter

Annual 360 140

24 hours 500 200

Respirable Particulate

Matter (RSPM) size less

than 10 mm (g/m3)

Annual 120 60

24 hours 150 100

3.1.5.1.1 Monitoring results at NAAQM stations in terms of the above standards for the

period 1997-98 to 2000-2001 revealed that out of 25 stations, monitoring is not being carried

out at seven stations (Nagpur – four and Aurangabad – three), for which reasons were not available on record in respect of Nagpur and Aurangabad. It was replied that the institute

responsible for monitoring has stopped the work.

The results of parameters were within limit at eight stations (Chandrapur – three, Dombivali

– two, Nashik – one, Nagpur – one and Pune – one). Monitoring results at three stations in Mumbai being carried out by National Environmental Engineering Research Institute was not available with the MPCB. As the monitoring results were not made available to

MPCB, it is doubtful if the monitoring was conducted at all.

Fixed monitoring stations not established by the MPCB in other regions of the State

Scrutiny of analysis report at remaining seven stations as detailed in Appendix XIX revealed

that the level of SPM exceeded the prescribed limits in 53 to 84 per cent of the samples

during the period 1997-98 to 2000-2001. RSPM exceeded the prescribed standards in 63.81

per cent of the samples during 2000-2001. Air pollution at all the stations showed increasing

trend during the period 1997 to 2001.

As against the requirement of minimum 104 annual observations from each NAAQM stations assigned, the State Board could cater to this requirement at only 3 stations. In Nagpur stations, the observations made were even less than 90 throughout the period 1997-98 to 2000-2001 and in Pune, it was less in one year.

3.1.5.1.2 Since the entire State had been declared as air pollution control area, MPCB was

required to operate air quality monitoring stations in the State in addition to the

NAAQM stations. However, except in Mumbai (22 stations) and Pune (4 stations), fixed monitoring stations had not been established by the MPCB in other regions and the ambient air quality was monitored only when there was a complaint or demand.


53

Though the results were not within the standards prescribed by the CPCB, efforts were not made by MPCB to identify the reasons for the same or for taking necessary measures to

prevent, control and regulate air pollution.

MPCB stated that due to shortage of staff, the Board found it difficult to fix monitoring

stations at each subregion level and efforts were made to monitor ambient air quality at critical places. Thus, despite the availability of funds, the State Government had not taken

measures to adequately monitor air pollution.

3.1.5.2 Status of ambient air quality in Mumbai

Annual mean concentration range prescribed by the CPCB were as follows :

Industial

(I)

SO2

and N

O2

SPM Residential

(R)

SO2

and N

O2

SPM

Low L 0-40 0-180 L 0-30 0-70

Moderate M 40-80 180-360 M 30-60 70-140

High H 80-

120

360-540 H 60-90 140-210

Critical C > 120 > 540 C > 90 > 210

In Mumbai, out of the 18 stations monitored, the annual mean concentration of SPM was critical (> 210) at 10 stations and was high (140-210) at remaining 8 stations as on March,

2000. Further, it was observed that instead of increasing the number of stations in a city like Mumbai which was so thickly populated, the Board had reduced the monitoring stations from 22 to 6 in 2000-2001 to increase the frequency of the monitoring.

3.1.5.3 Vehicular pollution

In cities in the State, automobile emissions cause air pollution in traffic intensive areas. The main pollutants are carbon monoxide, lead, aerosol, nitrogen oxides and hetrogeneous group of hydrocarbons. The implementing authority to contain the vehicular pollution is the TC of the State through the Regional transport Offices (RTOs). To detect and control vehicular pollution Transport Commissioner has authorised 1045 Pollution Under Control (PUC) centres all over Maharashtra as on March 2000. The results of the PUC check carried out by the Transport Department in the last five years are as follows :

Period Total number

of motor

vehicles in

Maharashtra

Motor vehicles

checked

Motor vehicles

detected for

violation of

pollution norms

Percenta of

motor vehicles

checked with

reference Col. 2

Percentage of

motor vehicles

detected with

reference t Col.2

(1) (2) (3) (4) (5) (6)


54

1996-97 4515746 490288 49957 10.86 1.10

1997-98 5039992 686798 59958 13.63 1.2

1998-99 5518156 915734 104694 16.59 1.9

1999-2000 6113523 612057 76691 10.01 1.25

2000-2001 - 572978 98067 - -

The number of vehicles checked and detected for PUC was inadequate compared to the number of vehicles in the State. The Ambient Air Quality (AAQ) at traffic junctions in Mumbai had degenerated sharply over the last few years and has reached critical levels.

Monitoring of the AAQ at two traffic junctions in Mumbai by the MPCB from January 2000 showed that air pollution in Mumbai was at alarming levels. The control of vehicular pollution was therefore not effective.

An anti-pollution drive was carried out by Regional Transport Offices in Mumbai from

January 2000 as a result of which they detected 53,056 vehicles for vehicular pollution and recovered fine of Rs 5.23 crores as of June 2001.

3.1.5.3.1 Compliance of directions issued by the Mumbai High Court

In response to public interest writ petitions by "Smoke Affected Forum", the High Court of Mumbai appointed (December 1999) a committee headed by the Transport Commissioner

and all representative agencies to examine, consider and recommend measures to reduce vehicular pollution in Greater Mumbai. The Committee submitted its Report to the High Court in April 2000 with 101 recommendations. The important recommendations cover

issues such as improvement in quality of fuel by bringing down the sulphur content in diesel and benzene content in petrol; alternative fuel i.e. CNG or Euro II compliant engines;

scrapping of old vehicles; measures for prevention of fuel adulteration; effective methods for monitoring and improving prescribed emission norms and financial incentives to taxi and

auto rickshaw owners.

3.1.5.3.1.(i) The State Government accepted all the recommendations with a request to the

High Court to grant extension of time limit till 2003-2005 for implementation of major

recommendations mainly due to inadequate number of CNG stations. For scrapping of private vehicles of 20 years old the Government has sought time till December 2002.

Regarding adulterated fuel the RTO offices inspected 150 petrol pumps till March 2001. The

recommendations regarding reduction of the chemical contents in diesel and petrol have

been implemented in January 2001 by the TC. The Committee also recommended strengthening of the public transport system by introducing more number of air-conditioned buses either by Brihanmumbai Electric Supply and Transport (BEST) or by private operators.

3.1.5.3.1.(ii) The State Government was also directed by High Court to provide funds and

infrastructure for setting up the requisite number of computerised continuous air monitoring

stations for the Mumbai Metropolitan Region (MMR). In compliance to this direction, the MPCB submitted (February 2000) a proposal to the State Environment Department for


55

installation of 14 automatic ambient air quality monitoring stations in MMR area, at an estimated cost of Rs 10.52 crore which will be borne by MPCB (50 per cent), Local Body (25

per cent) and Urban Development Department (25 per cent). Specification of instruments had

been finalised by the MPCB (August 2001) and intimated to the local bodies who would

purchase the equipments.

3.1.5.4 Non-representative location for ambient air monitoring

Air Pollution in Thane Belapur industrial area, which was in the outskirts of Mumbai, was mainly caused by the chemical industries in this belt. To monitor the ambient air quality of Thane Belapur industrial belt, a computerised continuous air monitoring equipment received under World Bank Aided project of “Industrial Pollution Control” was installed (September 1999) at the Office of the Thane Belapur Industries Association at Rabale.

Scrutiny of AAQM reports for the said station for last two years revealed that all the

parameters for air pollution were within the limit. However, this station was surrounded by trees and was away from the cluster of air polluting chemical zone in the industrial area.

Installation of the air-monitoring instrument at a non-polluting and non-representative location resulted in non- representative air quality results in the Trans Thane Creek (TTC)

Industrial belt. MPCB have acknowledged that this industrial belt has one of the most air polluting zone and stated they would consider installing the equipment in future in a representative location.

3.1.5.5 Air pollution due to industries

Industrial air pollution is mainly caused by asphalt plants, fly ash emissions from thermal

power stations, process emissions from chemical industries and the sugar industries using bagasse as fuel and stone crusher industry. Based on pollution potential, industries are

classified as Red, Orange and Green, red having the highest pollution potential. Every entrepreneur is required to obtain consent from the MPCB to establish and operate an

industrial unit. The total number of industries with the break-up of red and orange category which are classified as the polluting industries is given below :

26 per cent units were not having air pollution control systems and 412 units were having

non-operating control systems.

Total numb of industri

in the State of March

2001

Large scale industries Medium scale industries Small scale industries

46506

Red Orange Red Orange Red Orange

879 109 737 326 6774 6756

There were 15581 red and orange category industries in the State thus constituting 34 per

cent of the total number of industries, of which 6305 are air-polluting units. The MPCB

does not have industrial category wise data of air polluting units.

Information received from the MPCB (except Kolhapur region) revealed the following:


56

No. of air

polluting units

in the State

No. of units

having valid

consent

No. of units

having air

pollution

control devices

Percentage of

units not

having control

devices

No. of units

operating

control systems

satisfactorily

No of units

having non-

operating

control systems

6305 5630 4660 26 4248 412

Analysis of the data from the MPCB revealed that the Mumbai Metropolitan Region

(Mumbai, Thane, Kalyan and Raigad) had the largest number (63 per cent) of air polluting

units followed by Pune, Aurangabad, Amravati and Nagpur.

As per the norms prescribed by the MPCB, each field officer was required to do six stack sampling of air polluting units in a month, in order to assess the air pollution control

measures. Stack monitoring is a totally neglected item of work in the MPCB as during 1999

to 2001, there was shortfall in sampling of 90 to 92 per cent and hence the extent of industrial

air pollution could not be assessed.

MPCB admitted (September 2001) that there was shortfall in stack sampling due to operational difficulties faced by the staff.

Further, the submission of environment statements by the industrial units to the MPCB, which is a tool to watch the compliance of conditions of the consent granted and

adequacy of pollution control measures adopted by the units were not watched by the MPCB due to lack of infrastructure facilities.

3.1.5.6 Underutilisation of mobile air monitoring van

With a view to exercise extensive monitoring of ambient air quality and stack monitoring, the MPCB procured (1998) seven mobile air monitoring vans at a cost of Rs 3.17 crore (approximately). The air monitoring instruments were bought from USA and assembled in

vans by Chemtrol Engineering Limited, Mumbai, who was responsible for maintenance, service of the vans as per the contract agreement. The vans were supplied (July 1998) to

seven Regional Offices. From the very beginning there were complaints against the performance of the vans. The expected performance of one van was one sample per day (8

hourly). On an average of 25 samples per month, the mobile van should have monitored 800 samples per region during the period August 1998 to March 2001 (32 months). However, in three test-checked regions that the actual monitoring done was only between 2.5 and 29 per

cent of the expected performance. All parameters could not be monitored as all the

instruments were not working simultaneously. Even though the warranty period was for 3

years, Chemtrol Engineering Ltd. did not attend to the complaints promptly and properly thereby resulting in underutilisation of the vans.

Thus, the very purpose of purchase of the vans was defeated and huge investment became unfruitful, besides the loss of revenue to be recovered from the industries for air monitoring.

The services of the drivers deployed for the vans also could not be utilised fully. MPCB stated that they had issued legal notice to Chemtrol Engineering Private Limited in April 2001.

3.1.5.7 Control of air pollution in stone crusher industry

Stone crushing industry was classified under Orange category (medium polluting). The main


57

pollutants in this industry were SPM and RSPM. Ministry of Environment and Forest (MOEF) prescribed standard of SPM to be not more than 600 mg/Nm3 at 40 meters distance in addition to other control measures.

MPCB was unable to control the pollution caused by the stone crushing industry. They were also not aware of the functional status of many of the units

Thermal Power Stations of MSEB had added to the air pollution

Information received from 8 Regions revealed that the MPCB granted consent for establishing 1026 stone crushing industries, however, only 365 industries (36 per cent) were

granted periodical consents to operate as on March 2001. Most of these units did not renew consent from time to time. The status of the remaining 661 industries was not known to

the MPCB. During last 5 years i.e. 1996-97 to 2000-2001, only 213 field visits and 33 sampling were carried to see whether the industries were operating without the consent of

MPCB and were following the control measures and standards prescribed by MOEF. The sampling results revealed that, 50 per cent showed excess limits of SPM. The MPCB was

thus unable to control pollution created by the large number of stone crushing industry in the above mentioned 8 regions.

3.1.5.8 Pollution in Thermal Power Stations

Thermal Power generation was a highly polluting industry and was classified as Red category. The industry causes air pollution due to excess emission of SPM (fly ash). There were seven Thermal Power Stations (TPS) in Maharashtra which were mainly coal based. Though all the units were having pollution control arrangements and Electro Static Precipitators (ESP) to arrest fly ash and were operated to their maximum extent, yet the prescribed standards of SPM (150 mg/Nm3) could not be achieved by the units due to low/bad quality of coal used in the industry and for want of upgradation of the air pollution control system.

Scrutiny of the stack monitoring reports of five TPS (Eklahare at Nashik, Bhusawal at

Jalgaon, Parli-Vaijanath at Aurangabad, Chandrapur and Koradi at Nagpur) for the period 1997-98 to 2000-2001 revealed that the SPM exceeded the limit in most of the cases and

ranged between 45 per cent and 100 per cent of monitored samples. In Nashik, as against the

limit of 150 mg/Nm3, the SPM limit ranged between 524 mg/Nm3 and 5714 mg/Nm3

and in Koradi, it was as high as 17130 mg/Nm3 in February 2001. All the TPS of MSEB had been granted consent by the MPCB.

In order to control the pollution, MSEB decided (March 2000) to use bag filter technology or

higher efficiency ESP in a phased manner and was expected to achieve the prescribed

standards by 2005-06.


58

Perforamance Review of Acts/Rules relating to Air Pollution, Meghalaya

Highlights

Implementation of the Acts and Rules relating to environmental pollution and Waste

Management has been entrusted by the Government to the Meghalaya State Pollution Control Board. The Board had not achieved any breakthrough in the matter of control of pollution as well as management of waste and the air quality showed gradual degradation.

The state government did not take appropriate action to tackle the problem of vehicular pollution.

Activities of the Board remained beyond the knowledge and control of the Legislature owing to

non-submission of annual reports by the Board since 1994-95. (Paragraphs 3.3.10 & 3.3.11)

Out of 252 air polluting industries in the state, 76 were continuing industrial activities without the

consent of the Board. (Paragraph 3.3.12)

Emission of air pollution remained unabated due to establishment of lime kilns and 3 stone crusher

units within the non-permissible limits for such activities. (Paragraphs 3.3.14 & 3.3.15)

Only one out of 9 industries had installed an air pollution monitoring instrument. (Paragraph

3.3.17)

Lack of control of vehicular pollution by Transport Department resulted in increase of air pollution

in the state through hazardous emissions into atmosphere. (Paragraph 3.3.20)

Introduction

3.3.1 For the prevention, control and abatement of air pollution, Parliament enacted the Air (Prevention and Control of Pollution) Act, 1981. The Environment (Protection) Act,

1986 was enacted by Parliament as an umbrella Act to cover all the specific and general provisions relating to pollution of the environment including the management of hazardous,

biomedical and solid waste. The Bio-Medical Waste (Management and Handling ) (BMWMH) Rules were drawn up by the GOI and came into effect from July 1998. These

Acts and Rules are applicable throughout the country. The Meghalaya State Pollution Control Board (Board) was constituted in November 1983.

3.3.2 The state government framed the Meghalaya Air (Prevention and Control of Pollution)

Rules, 1988 and also declared (February 1988) certain areas of East and West Khasi Hills, Jaintia Hills and East and West Garo Hills as air pollution control areas. In November 1999

the entire area of Meghalaya was declared as an “Air Pollution Control Area”.

3.3.3 The Board is responsible for the prevention and control of pollution in the state. The

main functions of the Board are:-

(i) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure execution thereof;

(ii) to advise the state government on any matter concerning the prevention, control or abatement of air pollution;

(iii) to collect and disseminate information relating to air pollution; and


59

(iv) to lay down standards for emission of air pollutants into the atmosphere from industrial plants and automobiles on the discharge of any air pollutant into the atmosphere from any

other source whatsoever not being a ship or an aircraft.

Organisational set up

3.3.4 The Board consists of a full time Chairman and a Member Secretary besides 15 official and non-official part time members representing state government, Local Bodies, Companies/Corporations owned by the state government. The Board has not established any Regional office till date (June 2001). The Board has a central laboratory in Shillong. The Public

Health Engineering Department of the state government acts as the nodal department for the Board and oversees its functioning.

Audit coverage

3.3.5 Enforcement of the provisions of Environmental Acts and Rules relating to prevention and control of air pollution by the Board during the period from 1996-97 to 2000-2001 was

reviewed in audit through test check of available records during May – June 2001 under Section 14 of the Comptroller and Auditor General‟s (Duties, Powers and Conditions of Service) Act, 1971.

Finance and Accounts

3.3.6 The source of funds of the Board consists of grants-in-aid from the CPCB and the Central and state governments.

3.3.7 The Board is required to prepare Annual Accounts at the close of each financial year

and get the same audited by a qualified Auditor appointed by the state government on the advice of the Comptroller and Auditor General of India. The Chairman of the Board stated (October 2001) that the Annual Accounts up to 1999-2000 had been prepared, but

certification of the same by the Chartered Accountant was outstanding since 1988-89 as the firm appointed for audit could not be contacted. The details of grants released and

expenditure incurred by the Board during the period from 1996-97 to 2000- 001 are detailed below:-

Table 3.9

Year Grants-in-aid received from Expenditure

CPCB/G

OI

State government Total

(Rupees in lakh)

1996-97 1.70 15.00 16.70 38.23

1997-98 8.75 32.57 41.32 59.84

1998-99 10.20 54.00 64.20 52.63

1999-2000 12.94 59.42 72.36 69.75

2000-2001 40.08 65.83 105.91 107.36

Total 73.67 226.82 300.49 327.81

Source: As per information furnished by the Board (June and October 2001).

Compliance aspects


60

Inadequate meetings of the Board

3.3.8 The Board is required to meet at least once in every three months. It was seen in

audit that during 1996-97 to 2000-2001 the Board met only on 10 occasions against the required 20 meetings. The failure of the Board to hold its scheduled meetings were not on record nor could be stated.

3.3.9 Except for the Chairman and Member Secretary of the Board, attendance of other members in the meetings was irregular. The members did not show the required concern for

activities of the Board. The state government did not take action against the absenting members in accordance with Section 7(4) of the Air Act, 1981 by terminating their

membership from the Board. No reasons were on record as to why Government did not enforce discipline in the Board (July 2001).

Non-preparation of Annual Report

3.3.10 The Board is required to prepare every year, an Annual Report giving a true and full account of its activities during the previous financial year and submit such report to the state government by 15th May each year so that the Report can be laid before the State Legislature within 9 months from the last date of the previous financial year.

3.3.11 The Board had not prepared any Annual Report since 1994-95. The Chairman of the Board stated (October 2001) that the preparation of Annual Report from 1994-95 onwards was kept pending as the Annual Accounts had not been audited. The State

Legislature had not assessed the activities of the Board for the last 7 years.

Pollution control measures

Non-issue/renewal of consents

3.3.12 Prior consent of the Board is mandatory for establishing or operating industrial

plant in an air pollution control area. Out of 3083 industries/factories established in the state till March 2001, 252 industries had been identified by the Board as polluting industries of

which 176 had been granted consent. The remaining 76 industries were operating without consent. The Chairman of the Board stated (October 2001) that physical verification about

the existence of these 76 industries was afoot. The Board had thus failed to monitor the pollution caused by these 76 industries.

3.3.13 Consent granted to industries for allowing them to function is required to be renewed

annually on realisation of appropriate fee. Out of 176 industries to whom consent was granted, 47 had not applied for renewal of consent till June 2001 although the validity of the

consent granted to them earlier had expired between September 1989 and August 1999. Revenue of Rs.1.08 lakh (at the minimum rate of Rs.500 per year) in the form of consent fee

to the Board was not realised from these 47 industries. The Chairman of the Board stated (October 2001) that it was decided in Board‟s meeting (July 2001) that action would be taken against the defaulters. Inaction by the Board for 2 to 11 years showed lack of control and

monitoring (October 2001).

Setting up of lime kilns/stone crusher within the non-permissible limit

3.3.14 The Board through its Notification of February 2000 had prescribed that no lime kiln or cluster of lime kilns and stone crusher should be set up within 200 metres of road side.


61

It was noticed that 59 lime kilns in East Khasi Hills District were set up within the non permissible limit, and 4 lime kilns and 3 stone crusher units established prior to issue of the notification but within the non-permissible limit were granted consent by the Board. The new units were set up in violation of the Notification while in the case of the old units consent was given by the Board despite the fact that their location violated the February 2000 notification. The Chairman of the Board stated (October 2001) that shifting of the units to alternative sites would be taken up in the next meeting of the Board. The Board was silent on the consent given to the 66 units to operate in violation of the notification.

3.3.15 The Board had thus failed to control the emission of pollutants into the atmosphere.

Non-submission of environmental reports

3.3.16 As per Notification issued by GOI in March 1992, every person carrying on an industry requiring consent under Air Act, 1981 or Hazardous Waste (Management and Handling) Rules, 1989 shall submit an environmental audit report for the preceding financial year to the State Board by 15th May every year, indicating the qunantity of pollution generated. Except one industry, all the other 175 industries to whom consents were granted by the Board had not submitted their environmental reports and the Board despite this violation had not initiated any action against the erring industries. In the absence of the environmental reports, the quantity of pollutants released by these industries to the atmosphere was not assessed by the Board.

Non-installation of air pollution monitoring instrument

3.3.17 For grant of consent under the Air Act, 1981 it was mandatory before commissioning of the plant that infrastructural facilities for monitoring of stack

emissions and ambient air quality including meteorological data should be provided by installing appropriate air pollution monitoring instruments and establishment of a well equipped laboratory. Out of 176 industries to whom consent had been accorded by the

Board, 9 industries were required to install air pollution monitoring instruments but only one industry had, however, installed air pollution monitoring instrument. The Chairman of

the Board stated (October 2001) that the remaining 8 industries were incapable of setting up their own monitoring system and had requested the Board to carry out this work on their

behalf. The Board, however, had not performed the monitoring though it was capable to do so and reasons for which had not been stated.

Monitoring and testing of air quality

Non-utilisation of National Ambient Air Quality Monitoring Station at SCL

3.3.18 As per sanction accorded (February 1988) by the Central Pollution Control Board (CPCB), two National Ambient Air Quality Monitoring (NAAQM) Stations were

established in 1989 at State Central Library (SCL), Shillong and at the Board‟s premises. As per instruction of the CPCB, the State Board was to conduct 8 hours sampling for Suspended Particulate Matter (SPM) and 4 hours sampling for Sulphur-dioxide (SO2) and

Oxides of Nitrogen (NO2). It was noticed that the sampling could not be done at SCL as the

Station was located at the roof of SCL and the passage to this Station was through the public reading room which maintained specific timings. The Board, therefore, decided (April 1996) to shift this Station to the Municipal car park at Police Bazar (near state TB building), Shillong and this was completed in January 2001. Thus, delay in shifting of the


62

NAAQM Station from SCL by 57 months did not allow the monitoring of the air quality for the same period as per CPCB norm.

Results of monitoring of air quality in specific area/vehicle exhaust emission

3.3.19 For monitoring environmental pollution, the GOI sanctioned (March 1997) Rs.2.20 lakh to the Board. Accordingly, sampling of air quality was carried out during 1997

to March 2000 by the Board in different locations of the state. The results on analysis showed that Suspended Particulate Matter (SPM) concentrations at Nongpoh and 6 locations of

Shillong exceeded the tolerance limit prescribed by GOI. The degradation of air quality was found to persist in Nongpoh and in 5 important locations in Shillong, year after year.

3.3.20 The trend of vehicular pollution in the state was increasing. Out of 8353 vehicles tested by the Board during 1996-97 to 1999-2000 in Khasi Hills, the exhaust emissions of 3019 vehicles exceeded the prescribed limit of vehicular pollution. To control air pollution

due to emissions from vehicles, the state government in consultation with the Board, entrusted (February 1992) the responsibility for checking vehicular exhaust emission to the

Transport Department. Compliance by the Transport Department was not found in the records of the Board nor did the Board seek for a report from the Transport Department. The

Member Secretary (MS) of the Board stated (June 2001) that the major source of air pollution in Shillong is vehicle exhaust emission but it was seen that despite the warning signals the Board had not taken adequate action to control this source of pollution.

3.3.21 The Vehicular Pollution Control Monitoring Committee constituted (June 2001) has not yet made any suitable recommendations to tackle this problem of vehicular pollution.

Irregular monitoring of air polluting industries

3.3.22 The Board was required to conduct regular monitoring of air polluting industries and to ensure their compliance to the prescribed standards. The frequency of monitoring with

respect to specified highly polluting industries (Cement industry included) was to be performed once in two months as per Emission Regulations issued by the CPCB. In respect

of other industries, the Board, however, decided (April 2000) to monitor the air quality once in six months and there were no records to show the basis of reduction of the frequency check.

3.3.23 Out of 176 industries consented by the Board, only 6 swere identified as highly polluting industries. The Board had not conducted any monitoring on these highly

polluting industries nor monitored the remaining 170 polluting industries at a frequency of once in six months. The MS of the Board stated (June 2001) that the industries could not be

monitored due to non-sanction of separate post for the purpose and non-availability of stack monitoring kit. There was however, nothing on record to show initiatives taken by the

Board with the Government and the CPCB to address these shortcomings. The Board‟s

inaction resulted in the continuous release of toxic waste to the atmosphere by these industries.

Non-involvement of Non-Governmental organisation

3.3.31 Non-Governmental Organisations (NGO) perform a vital role in creating mass awareness among the people against the evils of pollution. The MS of the Board stated (June 2001) that no NGO was involved in prevention, control and abatement of air pollution in


63

the state but could offer no reasons for their non-involvement.

Other point - Unfruitful expenditure on procurement of mobile laboratory

3.3.32 GOI sanctioned (April 1995) Rs.24.40 lakh and released Rs.22 lakh (Cost of chassis: Rs.4.50 lakh; Fabrication of chassis: Rs.3.50 lakh; Equipment: Rs.14 lakh), between

April 1995 and November 2000, to the Board for procurement of one Mobile Laboratory to monitor air/water quality of remote localities. The Board procured (March 2001) a

fabricated van at a total cost of Rs.19.27 lakh and consequently all the monitoring equipment for air and water pollution could not be procured with the remaining amount of Rs.2.73 lakh.

The Mobile Laboratory Van so procured was, therefore, not yet equipped with monitoring devices and the van could not be put to operation till the date of audit (June 2001). The

Chairman of the Board admitted (October 2001) that the mobile laboratory procured at a cost of Rs.19.27 lakh was equipped with some monitoring equipment and was going to be made

operational. However, in the absence of the most important equipment of the Meteorological

Mast and High Performance Liquid Chromotograph, the monitoring of water and air quality would be superficial.

Monitoring and evaluation

3.3.33 Shortcomings in implementation of provisions of Acts and Rules as discussed in the foregoing paragraphs indicate that the Board had failed to prevent and control pollution

in the state even after 18 years of existence. The Board exists but only in name. The activities of the Board had never been monitored by the Public Health Engineering Department.

3.3.34 The matter was reported to Government in August 2001; reply had not been received

(December 2001).

Recommendations

3.3.35 The audit recommendations are as follows:-

- Provisions of Acts and Rules are required to be enforced promptly for the prevention, control and abatement of air pollution.

- Appropriate action needs to be taken by Government to tackle the problem of air pollution through vehicle exhaust emission.

- Handling of waste especially biomedical waste so that human health and the environment are not adversely affected needs to be ensured at the earliest.


64

Implementation of Environmental Acts and Rules relating to Air Pollution, Pondicherry

Highlights

The Pondicherry Pollution Control Committee has no comprehensive programme for the prevention and control of air pollution in the Union Territory of Pondicherry. The quality of air was continuously deteriorating and the Pondicherry Pollution Control Committee has no data on the number of air polluting industries in the Union Territory. Vehicle emission checks revealed that emissions by about 20 per cent of the vehicles were above the prescribed limit. Disposal of Bio-medical waste and Municipal Solid Wastes was not as per Rules.

The significant points noticed are given below:

As the Pondicherry Pollution Control Committee’s expenditure on its activities and

establishment were met by the Government, the release of Seed Capital of Rs 50.56 lakh was

not justified. (Paragraph 3.2.4 (i))

Pondicherry Pollution Control Committee did not adhere to the prescribed stipulations in

checking ambient air quality. (Paragraph 3.2.5.1 (iii) (a))

Pondicherry Pollution Control Committee inspected the industries only at the time of

renewal of consent or when complaints were received. Consequently, industries running

without renewing the consent were not inspected. (Paragraph 3.2.5.1 (iv) and (v))

3.2.1 Introduction

The process of urbanisation and industrialisation had resulted in the environment being

contaminated, threatened, damaged or destroyed thereby affecting the life of living

organisms and depletion of natural resources. with a view to control air pollution,

Government of India (GOI) enacted the Air (Prevention and Control of Pollution) Act,

1981. A more comprehensive Act, viz., Environment (Protection) Act, 1986 was

subsequently enacted as umbrella Act to cover all aspects of environmental pollution.

Under this Act, GOI framed the Hazardous Wastes (Management and Handling) Rules,

1989 and 2000, Bio-medical Waste (Management and Handling) Rules, 1998 and 2000,

Municipal Solid Wastes (Management and Handling) Rules, 2000 and Noise Pollution

(Regulation and Control) Rules, 2000, for prevention and control of pollution of air and for

waste management. For implementing the Act and the Rules framed thereunder, a Central

Pollution Control Board (CPCB) was constituted by GOI. The Union Territory (UT)

Government constituted the Pondicherry Pollution Control Committee (PPCC) as an

autonomous body in April 1992 for discharging the functions of the CPCB in the Union

Territory.


The Secretary (Environment) to the Government of Pondicherry was the Chairman of

PPCC and the Director of the Department of Science, Technology and Environment

(DSTE) as Member Secretary of PPCC carried out the activity of PPCC with the assistance

of staff of DSTE.


65


The implementation and compliance of the Environment (Protection) Act, 1986 and

various Rules framed thereunder with reference to air pollution and waste management

was reviewed during December 2000 to May 2001 by perusing the records of DSTE,

Directorate of Medical Services, Directorate of Industries, Directorate of Local

Administration, Police Department and Transport Department, covering the period from

1995-96 to 2000-2001.

3.2.4 Resource allocation and financial management

Though the PPCC had been constituted in April 1992 itself yet it was not vested with

administrative and financial powers by the Government. Even after the grant of financial

autonomy from April 1999, the PPCC did not have administrative autonomy to appoint

staff. Consequently, the activities of PPCC were undertaken by the staff of DSTE and the

Government met the establishment and other expenditure of the PPCC through its budget.

During the course of its activities, PPCC realised revenue from Central Government

towards its share of collection of water cess, grant from CPCB, consent fees and

monitoring and analytical charges from industries, reimbursement of expenditure incurred

on central schemes from CPCB. The PPCC remitted the revenues so collected upto 1998-

99 into Government account and retained the receipts from April 1999, when it was

granted financial autonomy.

During 1995-2001, Government spent Rs 1.54 crore on establishment (Rs 0.73 crore), other

activities of PPCC (Rs 0.31 crore) and Seed Capital to PPCC (Rs 0.50 crore). Out of Rs

52.04 lakh realised as revenue during 1999-2001 (excluding the Seed Capital received from

Government), PPCC spent only Rs 4.42 lakh.

The following observations are made :

(i) The Government releases Seed Capital to newly formed societies/autonomous bodies to

stabilise them upto a stage when they could run independently. It was seen that Government

released Seed Capital to PPCC from March 1999 although the expenditure on PPCC activities and

establishment were met by Government till March 2001. Hence, the release of Rs 50.56 lakh as

Seed Capital by Government was not justified.

(ii) CPCB sanctioned Rs 32.95 lakh (February 2000) for purchasing 12 equipment for PPCC

laboratory, to upgrade it from C to B category. It released Rs 8 lakh in March 2000 with a

condition to utilise it within 60 days to purchase any two of the equipment mentioned in the

sanction and furnish Utilisation Certificate to enable it to release of further instalments. The PPCC,

however, did not utilise the money till March 2001 and stated (July 2001) that CPCB failed to

furnish the specifications and source for effecting the purchase. This contention was not tenable as

PPCC took up the matter with CPCB belatedly in July 2000 only and in spite of receipt of the

details in November 2000, the equipment were not purchased.

3.2.5 Physical performance

3.2.5.1 Air pollution


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Air pollution means the presence in the atmosphere, of any air pollutant viz., any solid, liquid or

gaseous substance including noise in such concentration as may be or tend to be injurious to

human beings or other living creatures or plants or property or environment. GOI declared

(January 1988) the whole of the UT of Pondicherry as air pollution control area and PPCC was to

monitor the compliance of the standards regarding ambient (atmospheric) air. For this purpose,

PPCC follows the standards prescribed by CPCB for various parameters of air quality.

The functioning of PPCC to control air pollution is discussed below:

(i) PPCC was to plan a comprehensive programme for the prevention, control or abatement of air

pollution and to secure the execution thereof. In spite of its existence from 1992, PPCC has no

scientific documentation on impact of industrialisation. Only in November 1999, PPCC requested

the Town and Country Planning Department of Pondicherry to prepare a Zoning Atlas to give a

clear idea on zoning of different industries in the UT of Pondicherry. Similarly, Pondicherry

Industrial Promotion, Development and Investment Corporation Limited (PIPDIC) was requested

to initiate action for preparing a detailed Environment Impact Assessment and Environment

Maintenance Plan for the industrial estates of Pondicherry as well as for the growth centre at

Karaikal. The Industries Department was also directed to conduct a comprehensive study to decide

on the issue of clearance to new pollution potential units. No report has been received from any of

them so far. Thus, PPCC has no comprehensive programme for the prevention and control of air

pollution.

(ii) Though PPCC was to advise the Government on any matter concerning the prevention, control

or abatement of air pollution, it had not reported the status of pollution revealed by the vehicle

emission tests conducted by it to the Union Territory Government for initiating necessary remedial

action.

(iii) PPCC was to collect and disseminate information relating to air pollution. Under centrally

sponsored projects, PPCC checks the quality of ambient air at three places in Pondicherry viz. (a)

French Institute (Sensitive Area), (b) Pondicherry Housing Board Complex (commercial area) and

(c) PIPDIC Industrial Estate, Mettupalayam (Industrial area) and reports to CPCB.

The following deficiencies were noticed:

(a) CPCB prescribed the norms for ambient air quality for the three categories of areas. The results

of check of the quality of air during 1995-2001 as against the norms are furnished below.

(Annual average)

Commercial area S ensitive area Industrial area

Parameters SP

M SO 2 NO x SPM SO 2 NO x SPM SO

2 NO

x

Standard

(mg/cum 140 60 60 70 15 15 360 80 80

Year

1995 200 35 63 114 19 38 230 83 91

1996 248 45 41 126 19 19 319 91 50

1997 281 43 39 125 20 25 389 112 70

1998 270 17 30 133 21 23 435 115 85

1999 188 19 30 112 18 19 410 97 82


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2000 161 18 24 128 12 15 198 32 35

2001 133 13 22 100 12 20 128 19 22

It may be seen that the SPM in the air was more than the prescribed limit in all the areas in

Pondicherry and the other two parameters were also more than the standard in sensitive and

industrial areas till 1999.

(b) CPCB stipulated that the quality of air was to be checked at the three nominated stations for a

continuous period of 24 hours thrice a week. PPCC however had not conducted the checks during

October 1999 to December 1999 in the industrial area and during September 1999 to June 2000 in

the sensitive area. Besides, it conducted checks only twice a week and the period of observation

was reduced to 8 hours in two stations and 16 hours in one station. The Environmental Engineer of

DSTE stated that the deficiency was on account of non-availability of qualified staff.

(c) CPCB directed PPCC, in November 1996, to include the monitoring of lead and carbon

monoxide in addition to sulphur dioxide (SO2), Oxides of Nitrogen (NOx) and Suspended

Particulate Matter (SPM). PPCC had not monitored lead and carbon monoxide as of March 2001

as the required equipment were not available and no effort was made to procure the equipment.

(d) In addition to PIPDIC Industrial Estate, there were three more industrial estates in

Pondicherry, where the quality of air was not monitored by PPCC. Further, PPCC had not

monitored the quality of air in the three outlying regions.

(iv) PPCC was to advise the UT Government with respect to the suitability of any premises or

location for carrying on any industry which is likely to cause air pollution. The Industries

Department which receives the applications for setting up industries refers them to PPCC if

considered potentially air polluting. PPCC issues No Objection Certificate (NOC) after verifying

the suitability of the location and specifying the pollution control measures to be adopted to prevent

air pollution. The industries could commence production only after obtaining consent from PPCC

which would be issued for specified period after verifying the pollution control measures adopted.

The industries are to renew the consent after the expiry of its validity. During 1995-2001, PPCC

issued 883 air consents. However, the number of air polluting industries was not on record. PPCC

categorised the industries into high potential (Red), moderate potential (Orange) and low potential

(Green) for the purpose of renewal of consent considering the shortage of manpower. PPCC

identified 679 industries located in 8 out of 15 local bodies and categorised 216 as Red, 172 as

Orange and 291 as Green. Though the Red, Orange and Green category industries were to renew

consent every year, once in two years and once in three years respectively and a minimum of 399

units out of 679 were to have renewed their consent every year, only 151, 155 and 229 industries

renewed their consent in the years 1999, 2000 and 2001 respectively. PPCC accepted that the

industries which have not renewed their consents have not been inspected due to shortage of

manpower and press notice was issued directing them to obtain consent. Thus, despite a large

number of industries not having renewed their consent, the PPCC did not check whether the

pollution control measures adopted were as per standards in such cases.

(v) Though the Act provided for inspection of air polluting industries and areas at reasonable

intervals to assess the quality of air and take measures for control of pollution, the records did not


68

reveal that such inspections were ever conducted; PPCC inspected the units only when complaints

were received. Test check revealed that a chemical industry which was running without valid

consent order was identified only when a reference was received from Tamil Nadu Industrial

Investment Corporation Limited.

From the above it is evident that the PPCC had not carried out the functions entrusted to it under

the Air (Prevention and Control of Pollution) Act, 1981, effectively.

3.2.5.2 Vehicular emissions

As smoke emitted by automobiles has tremendous potential to pollute ambient air, the Central

Motor Vehicles Rules 1989, provided for checking of vehicles, regarding emission, by Transport

and Police Departments. It was seen that the Transport Department conducted emission checks

only for vehicles coming for fitness certification. Out of 1623 tests conducted during 1994-2001, the

emission was found to be above the prescribed limits in respect of 355 vehicles (Petrol driven 10 per

cent; Diesel driven 29 per cent). It was further seen that the Police Department purchased (March

1998) pollution gas analyser for fitting into three interception vehicles but the equipment were not

fitted in the vehicles. The Police Department registered 550 cases for over smoking during the years

1999 and 2000 utilising the two equipments purchased in December 1998. Though PPCC acquired

equipment for conducting emission test in July 1995 and May 1998, the tests were conducted only

in Pondicherry region during 1999 and 2000, which revealed that 20 per cent of the vehicles were

emitting smoke above the permitted limit. PPCC had neither conducted any emission tests in other

regions nor recommended any periodicity to vehicle owners to have their vehicles emission

checked. Thus, PPCC has not taken any effective measures to control air pollution through

vehicles.

3.2.6 Evaluation

PPCC conducted a study on the impact of pollution in urban areas of Pondicherry in October 2000

and proposed the following action plans :

Vehicular emission: Reduction of registration of diesel vehicles (two and three wheelers), curtailing

overloading of passengers in three wheelers, regular emission checking by vehicle owners,

identifying adulteration of fuel and creation of mass awareness were recommended.

It was, however, seen that the extent of air pollution in Pondicherry region and the impact of

pollution on environment in Karaikal, Mahe and Yanam were not assessed. As Pondicherry has

been classified as the highly polluted area in the country by the Central Statistical Organisation and

90 per cent of existing high pollution potential units did not meet the prescribed standards and

there were practical difficulties in controlling pollution, PPCC decided in November 1999 not to

consider pollution potential/hazardous unit for registration till completion of studies entrusted to

Town and Country Planning Department, PIPDIC and Industries Department. However, no time

limit was prescribed for completion of these studies.

The above points were referred to Government in August 2001; reply had not been received

(December 2001).


69

Implementation of Environmental Acts and Rules in regard to Air Pollution, Rajasthan

Highlights

The implementation of the Environmental Acts and Rules in regard to Air Pollution and Waste Management had been entrusted to the Rajashtan State Pollution Control Board

(Board) constituted in 1975. Though under Section 19 of Air (Prevention and Control) Act, 1981 the State Government declared (February 1988) the whole of Rajasthan as air pollution control area, most of the industries in Taj Trapezium Area, brick kiln units in and

around Udaipur city, stone crushing units, asbestos grinding units, mining units, induction furnace at Bhiwadi, guar split industries located in Jodhpur, rice mills at Kota and coriander

grading units at Ramganjmandi caused air pollution and remained without consent. Khetri Copper Complex was given consent despite various inspection reports indicating inadequacy

of pollution control measures. The annual accounts of the Board were not audited by

Chartered Accountant from 1996-97 onwards. In absence of complete enumeration of polluting units the Board could not evolve a programme for prevention and control of

pollution. Further, absence of an effective punitive mechanism contributed to non-compliance. Other significant points noticed during the review were as under:

Out of 8 sites identified for disposal of hazardous waste, only one site at Udaipur was notified in

December 1997 which had also not been developed (October 2001). The Board granted

authorisation to the units without identification of safe disposal site. Despite the Government of

India’s directions, the Board also did not upgrade and augment the laboratory facilities for proper

sampling and analysis of hazardous waste. (Paragraph 3.1.7.1)

Neither the Transport Department nor the Board paid any heed to the direction of Chief Secretary

for joint action plan for checking of vehicles- a major cause of air pollution. (Paragraph 3.1.11)

Noise levels in 1995-96 in Jaipur at all places were in excess of norms except industrial areas

during nights. In Jodhpur, it was in excess at all places except in industrial areas. In more

sensitive areas like hospitals, etc. and commercial areas of Kota, Alwar (except at night in

commercial areas) and Pali noise levels were in excess of norms. (Paragraph 3.1.12)

The Board did not launch even a single case in the court under Air Act during 1997-99 and 2000-

2001. Also no case was launched under the Hazardous Waste (Management and Handling) Rules,

1989 against 149 units which were running without authorisation. (Paragraph 3.1.13 (i))

Neither the Environmental Acts in regard to pollution had any provision for exemption from the

requirement of consent nor the State Government was empowered to give such exemption. Despite

this the State Government issued such exemption (March 1998) to 150 units. (Paragraph 3.1.13

(ii))

Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) –

'Disposal of Land Rules, 1979', which provide for 70 to 73 per cent of the area to be used for

construction apart from another 20 per cent of the area for approach roads, security rooms,

cycle/scooter stands, etc. was not in consonance with the Board's stipulation that 33 per cent of the

area of the industry should be provided with green belt plantation. The Board did not take up the

matter with RIICO for making suitable amendments in the Rules. (Paragraph 3.1.14 (b) (ii))


70

3.1.1 Introduction

Rajasthan State Pollution Control Board (Board) was constituted by the State Government in

February 1975. The Government of India (GOI) enacted Air (Prevention and Control) Act, 1981 and Noise Pollution (Regulation and Control) Rules, 2000. The Rajasthan Air (Prevention and Control of Pollution) Rules, 1983 were also framed under Section 54 of the

Air Act, 1981.

The Acts and Rules relating to waste management are: Environment (Protection) Act, 1986,

Hazardous Waste (Management and Handling) Rules, 1989 and Amended Rules, 2000, Municipal Solid Waste (Management and Handling) Rules, 2000, Bio-Medical Waste

(Management and Handling) Rules, 1998 and Amended Rules, 2000 and the Public Liability Insurance Act, 1991.

A review on implementation of Environmental Acts and Rules relating to Water

Pollution was incorporated in the Report of the Comptroller and Auditor General of India for the year ended 31 March 2000-Civil-Government of Rajasthan (Paragraph 3.1). The

present review is limited to implementation of Environmental Acts and Rules in regard to Air Pollution and Waste Management.


Principal Secretary to the Government of Rajasthan, Department of Environment (DOE) is responsible for formulation of policy regarding environment protection, issuing clearance

from environmental angle and overall monitoring of the authorities like the Board, who are entrusted with the implementation of the various Acts and Rules of the environmental protection including of Air and Waste Management. The Board has a full time Chairman

and a Member Secretary, five members representing the State Government, five members nominated from the members of local bodies, three non–official members to represent

interest of industry, trade, etc. and two members representing corporations and boards. The Board has ten Regional Offices, one Central Laboratory in Jaipur and four Regional

Laboratories at Alwar, Kota, Jodhpur and Udaipur.

It was observed that the Chairman was changed 8 times during the period March 1992 to February 2001 which included 5 changes made after September 1997 despite Ministry of

Environment and Forests (MOEF), GOI directions (September 1997) to all Chief Secretaries of the States/Union territories that appropriate persons are appointed to these key

positions and they are not frequently changed. The Chief Engineer, Public Health Engineering Department (PHED), nominated by the DOE as member of the Board was not

in accordance with the provisions of Water Act as he was directly responsible for treatment of sewage/trade effluent. Further, there was no member in the Board having qualifications as envisaged in the Air Act, 1981. With a view to reconstitute the Board, the State

Government removed three non-official persons from membership of the Board in November 1999 which had not been filled as of October 2001.


A review on implementation of Environmental Acts and Rules in regard to air pollution and waste management was conducted (October 2000 to May 2001) for the period 1996-97 to 2000-2001 in the offices of the Board at Jaipur and six (out of ten) regional offices. Relevant records were also test-checked in the departments of Environment, Mines, Industries and


71

Transport. The important findings are discussed in the succeeding paragraphs:

3.1.4 Financial arrangements

The sources of income of the Board were from its share of water cess, sale proceeds of application forms, consent fee and sample testing fee, etc. Mention was made in the

Paragraph 3.1.4 of the Report of the Comptroller and Auditor General of India for the year ended 31 March 2000–Civil– Government of Rajasthan regarding the accounts for the years 1995-96 to 1998-99 remaining unaudited by the Chartered Accountants. It was,

however, noticed that as of December 2001 the accounts of the Board for the years 1996-97 onwards remained unaudited by the Chartered Accountants.

It was also pointed out in the Paragraph 3.1.14 (viii) of Report ibid that the position of the

cess accounts of the Board was not satisfactory. On the basis of records made available to

Chartered Accountants, the outstanding cess in respect of major assesses (about 120) under

the Cess Act was Rs 38.42 crore for the years 1989-99.

3.1.5 Census and consent coverage

(i) Census of polluting units

The Board decided only in September 1997 to carry out census of industries causing water and air pollution and handling hazardous waste. Rs 15 lakh were sanctioned for this

purpose. The work was to be completed by January 1998. Only two regional offices i.e. Alwar and Udaipur completed the work and the remaining regional offices (8) started the

work but could not complete the same. Thus, in absence of complete enumeration of polluting units the Board was unable to plan a programme for prevention and control of pollution as required under Section 17 (1) (a) of the Air Act, 1981.

(ii) Position of consent coverage

The Board did not maintain the Consent Register in the prescribed pro forma. Neither the

Board nor any of the 10 regional offices furnished the information about the number of industries covered under Air Act. However, as per monthly progress reports (from April to November 2000), 473 red (highly polluting) and 2359 orange (medium) and other industrial units were identified under the Air Act in the 6 regions of Jaipur (South), Jodhpur, Bhiwadi, Bikaner, Pali and Alwar. Of these, only 98 red and 1052 orange/other industrial units were granted consent.

Separate position under Air and Water Act showing consent status was not available on the record in the 4 regions of Jaipur (North), Udaipur, Kota and Bhilwara. However, out of total

349 red and 3188 orange and other units to be covered under consent, only 109 red and 1660 orange/other units were under consent in Air and Water Act in these regions.

3.1.6 Pollution caused by industries

Under Section 19 of Air Act, the State Government declared (February 1988) the whole of Rajasthan as air pollution control area. Scrutiny of records revealed that there were certain

industries located in different regions which caused air pollution but still not covered under consent even after 13 years of issue of the notification. Some of the significant cases noticed are discussed below:


72

3.1.6.1 Establishment of Air Polluting Industries in Taj Trapezium Area

(i) The Central Pollution Control Board (CPCB) published in the year 1981-82 a document "Inventory and Assessment of Emission in and around Agra- Mathura Region"

defining the geographical limit as trapezoidal shape surrounding Taj Mahal, which covered a total area of 10,400 sq. km. Only non-polluting industries (category III) were allowed in

this area. Further, establishment of highly polluting industries (category-I) was strictly prohibited and medium polluting industries (category-II) were allowed only with adequate environmental control measures.

As the Board was not clear about the application of guidelines and nature of industries to be covered under categories of I, II and III, it requested the CPCB through various letters

between January 1998 and May 1999 to communicate their views so that a decision on pending cases of consent to operate could be taken. The views were, however, not received

as of May 2001. Out of 108 units operating in this area, 88 units were operating without consent and major units were of stone crushers, chips cutting and oil mills with boiler. 48 air polluting units (including 28 units whose consent had expired) were granted consent during

the period August 1992 to June 2000 despite the fact that the units were located in Taj Trapezium Area. The Board, had called for (November 2000) explanation from concerned

defaulting officials for granting consent to these units. The matter was still pending (October 2001). Meanwhile, the Board stated (December 2001) that the guidelines of CPCB were

merely directive in nature and these were not enforceable as Law. The reply was not tenable in view of Section 18 (b) of the Air (Prevention and Control of Pollution) Act, 1981 under which State Board was bound by such directions given by the CPCB in writing.

(ii) The Supreme Court in their order (September 1996) specified certain protected monuments of national importance and directed that the brick kilns within 20 km of these

monuments should be removed. The monuments situated in Bayana were also included in the Supreme Court judgment and action was to be initiated by Regional Office (RO),

Kota against the brick kilns located within 20 km of these monuments. No action was, however, found to have been taken in respect of these units.

3.1.6.2 Khetri Copper Complex

Khetri Copper Complex (KCC) started mining copper in 1973. The major sources of air

pollution in KCC were concentrator plant, smelter plant, sulphuric acid plant, etc. In order to control air pollution, KCC commissioned various air pollution control measures like

Rotocyclones, Electronic static precipitators (ESP), sulphur recovery units, scrubber, etc.

The KCC applied for consent from 1 May 1998 on 26 February1998. During all these inspections by the Board, it was found that alkali scrubber attached to the sulphuric acid plant was not operating and out of two only one sulphuric acid plant was operating, stack height of the turbine and DG sets were not raised upto the norms, no monitoring facility was provided at the smelter where emissions were in excess of the norms, performance of ESP of smelter was not in order, etc. Due to these reasons it was observed that the probability of release of excess SO2 gas, acid mist directly into the atmosphere could not be ruled out. The Board granted consent upto 30 April 2000 on 29 April 2000 with retrospective effect (1 May 1998). The consent was subject to the conditions that the pollution control measures shall be properly maintained to confirm to the standards at the outlet. Moreover, the performance evaluation of all pollution control measures was to be carried out within


73

3 months. Still no corrective action was taken by KCC. This is evident from the various inspection reports# of the Board. The Board also issued various show cause notices to KCC for intended refusal of consent to operate. However, consent to operate was again granted on 7 June 2001 for the period upto 1 August 2001 incorporating various conditions.

Thus, the grant of repeated consent to operate without ensuring the effectiveness of Pollution Control Measures (PCM) was against the provisions of the Air and Environmental

(Protection) Act.

In a study conducted by Indian Institute of Rural Management (IIRM) it was observed that

incidence of respiratory diseases was more than 5 times in the area of 10 km surrounding KCC as compared to normal area.

3.1.6.3 Other units

The findings in other units test-checked were as under:

S. No. Kind of unit, number, Main audit findings

period and RO

(i) Brick kilns (228), since

1955, RO, Udaipur

Functioning unauthorisedly in and around Udaipur city abadi area

without consent. No legal action was taken either by the Board or

by the local administration to shift them.

(ii) Stone crushing units (40),

since 1996, RO, Alwar,

Kota, Pali and Udaipur

Out of 40 units, 26 were operating without consent. As per standards suspended particulate matter should be less than 600

mg./NM3 but these units exceeded the standards. The Board had not taken concrete action like revocation of consent for non-compliance of conditions, issuing direction for closure, prosecution against the defaulter, etc.

(iii) Asbestos Grinding units

(11), since 1993, RO,

Udaipur

Air quality monitoring carried out in 4 units (out of 9 )in Deogarh and

2 units at Udaipur showed that total asbestos dust in working

environment ranged from 4 mg/m3 to 20.6 mg/m3 as against the

prescribed standard of 2 mg/m3. The units were running without PCM and consent under the Air Act. Though the RO, Udaipur proposed action (June 1993) against the units violating provisions of the Air Act, no action was taken by the Board as of October 2001.

S. No. Kind of unit, number, Main audit findings

period and RO

(iv) Mining units

1500 mining leases for

The Board asked (January 2001) all the ten regional offices to take up


74

major minerals

11000 mining leases for

minor minerals

20000 quarry licences of

small areas. All the 10

ROs

the work of inventorisation of mining units. However, only six

regional offices intimated that out of 72 units only 21 units were

under valid consent. The Board took up the matter with the

Secretary to the

Government, Department of Mines only in January 2001.

(v) Induction Furnace (35),

since 1994, RO, Bhiwadi

Out of 35 operating induction furnaces, 19 units did not provide PCM

and were polluting the environment. A committee consisting of

three members was constituted by the Board which visited Bhiwadi

in March 1997. No action was taken by the Board on

recommendations made by the Committee and the problem of

pollution persisted.

(vi) Guar split units (15),

RO, Jodhpur

The Guar split units were carrying out processing of Guar seed to

produce Guar split, Churi and Korma wherein fugitive air

emission was caused as reported by RO, Jodhpur. These units were

operating without consent and continued to pollute the

environment (October

2001).

(vii) (a)Rice mills (30),

RO, Kota

(b)Coriander Grading

units (17), RO, Kota

(a) Out of 30 rice mills, 27 were running without consent and PCM.

(b) There were 17 units at Ramganjmandi operating without

consent and causing foul odour due to inadequate system of

disposal of low- grade waste.

In both the cases, the Board, except issuing notices had neither taken any concrete action nor conducted stack monitoring to ensure

the status of air pollution of these units.

3.1.10 Ambient Air Quality

The Board was entrusted with the duty of inspection of polluted areas, assessment of the quality of air therein and for taking steps for the prevention, control or abatement of air

pollution in such areas. It was observed that the Board had not prescribed any method/policy to inspect the air pollution control areas.

(i) Ambient air quality in comparison to its standard

A comparison of the results with annual standard (as laid down and notified by the CPCB) of the ambient air quality in regard to Sulphur Dioxide (SO2), Oxides of Nitrogen (NO) and Suspended Particulate Matter (SPM) had been made and shown in Appendix-XII. It would be seen therefrom that the air pollutant SO2 was within the norms but the NO and SPM were in excess at the following places as per details given below:

(Excess in percentage)


75

Places and Station/ Category Years Excess

SPM

Years Excess NO

Kota : (i) Veterinary Hospital

(Residential)

(ii) Borekhera/Samcor

(Sensitive)

1996-97 to

2000-2001

1996-97 to

2000-2001

31 to 149

134 to 252

-

1996-97 to 2000-

2001

-

31 to 190

Alwar : (i) RO Building

(Residential)

(ii) RIICO Pump House

(Industrial)

(iii) Gaurav Solvex

(Industrial)

1996-97 to

2000-2001

-

1996-97 and

1997-98

87 to 236

-

3 to 60

1996-97 to 2000-

2001

1996-97 to 1998-99

and 2000-2001

1996-97

24 to 41

1 to 4

10

Jaipur : (i) Ajmeri Gate

(Residential)

(ii) Jhalana (Residential)

1996-97 and

1998-99

1996-97

20 to 50

14

-

-

-

-

Jodhpur :(i) Sojati Gate

(Residential)

(ii) RO Building (Residential)

1996-97 to

1999-2000

1996-97 to

1999-2000

162 to 263

81 to 130

-

-

-

-

Udaipur :(i) RO Building

(Residential)

(ii) Town Hall (Residential)

(iii) District Industries Centre

Building (Industrial)

1997-98 to

2000-2001

1997-98 to

2000-2001

1997-98,

1999-

2000 and

2000-

2001

75 to 198

51 to 113

1 to 46

1997-98 to 1999-

2000

1998-99 to 1999-

2000

1998-99 and 1999-

2000

6 to 34

6 to 24

7 to 16

The excess presence of SPM in the ambient air reduces visibility and leads to formation of

secondary pollutants whereas excess of NO affects the respiratory system of human beings. The Board, being responsible for prevention, control and abatement of air pollution should

have taken preventive measures by investigating the causes of excess presence of air pollutants.

(ii) Non-compliance of CPCB guidelines for operation of National Air

Quality Monitoring Programme (NAMP) Station

(a) As per guidelines issued (March 1996) by the CPCB, the frequency of operation of NAMP station was to be kept as twice a week with a minimum of 104 monitoring days in a

year. For operation and maintenance of the NAMP station, the CPCB was to pay Rs 50,000 per station per annum on the basis of monthly data sheets. Further, the CPCB considered only those results which were monitored more than 16 hours and more than 7-8 days per

month. It was observed that stations were not operated for a minimum of 104 days in a year and some samples were also not monitored for more than 16 hours. Further, many data

sheets were either not furnished by the Board or not found received by the CPCB. Due to these reasons, the Board was unable to get the reimbursement of expenditure from the CPCB

amounting to Rs 5.46 lakh during the years 1996 to 1999.

(b) As per instructions (July 1992) of the CPCB, the required qualification for Junior Scientific Assistant (JSA) was M. Sc. or equivalent and for Field Assistant (FA)/Junior


76

Lab Assistant (JLA) was B.Sc. or equivalent. The Board was operating the NAMP Station by engaging field staff from private contractors/ex-servicemen welfare societies and there

was nothing on record showing that persons with requisite qualifications were engaged for the job.

(c) An official from zonal office of the CPCB during his visit also noticed (April 2000) that the Field Assistants deployed in the NAMP were carrying chemicals/glassware in the

ordinary bags in place of ice box. The arrangement for protecting gaseous pollutants from sun light was also not adequate as these were not kept in coloured or covered bottle with aluminum foil or waste carbon paper.

3.1.11 Air Pollution by Vehicles

Monitoring of air pollution is the responsibility of the Board under the Air Act, while the control of vehicular pollution is vested with Transport Department under Central Motor

Vehicle Act, 1988 and Rules, 1989. The Board was to lay down the standards for automobile emission under Section

17(1)(g) of the Air Act and the State Government in consultation with the Board was to instruct the Transport Department under Section 20 of the Air Act to ensure the compliance of the standards laid down. It was observed that:

The Board, under Section 17 (1) (g) of the Air Act, laid down (1986) the standards for emission for automobile. However, there was nothing on record to indicate that the Board

or the State Government had ever issued any instruction to the Transport Department for compliance (June 1999). Besides, neither the Transport Department nor the Board paid any

heed to the direction of Chief Secretary for joint action plan for checking of vehicles-a major cause of air pollution.

The Principal Secretary, DOE had asked (March 2001) the Department of Transport, to

consider the short term and long term measures viz., periodical check of the emission of the vehicles, regular checking of the instruments for checking of vehicular emission, evolving a

proper strategy for traffic movements, etc. No such measures were taken as of October 2001.


77

Implementation of Environmental Acts and Rules relating to Air Pollution in Sikkim: An

Audit Evaluation

Highlights

The Land Use and Environment Board (LUEB) in Sikkim, far from being an independent

regulatory authority in matters pertaining to the prevention, control and abatement of air

pollution and waste management, operated under the shadow of the Forest Department

even after 17 years of its existence. It did not have its own budget nor maintained separate

books of accounts. Its meeting in May 2001 held after a gap of 7 years was suggestive of

the manner with which it went about implementing its mandate. Consequently, its

capability to enforce, regulate and implement the laws and rules was severely

undermined. The handling and disposal of bio-medical waste was fraught with grave risks

to the general public and caused environmental damage. There was lack of co- ordination

between the various Government Departments and the Board and as a result, the aims

and objectives of the legislative enactments and rules framed thereunder remained largely

unachieved.

Introduction

3.1.1 The gravity of environmental pollution, especially the air pollution and hazardous

substances led to the enactment by the Government of India (GOI) of the following acts and

rules for regulation of air pollution and waste management:

Air Pollution

(i) Air (Prevention and Control of Pollution) Act 1981 as amended by the

Amendment Act 1987.

(ii) Air (Prevention and Control of Pollution) Rules 1982.

Waste Management

(iii) Environment (Protection) Act 1986.

(iv) Environment (Protection) Rules 1986.

(v) The Hazardous Waste (Management and Handling) Rules 1989. (vi) Bio-medical Waste

(Management and Handling) Rules 1998. Municipal Solid Wastes (Management and Handling)

Rules 2000.

Organisational set up

3.1.2 The organisational set up of Land Use and Environment Board (LUEB) constituted

in 1984 under Section 4 of the Water (Prevention and Control of Pollution) Act 1974.

Engineering Department

3.1.3 The issues pertaining to vehicular pollution, municipal solid waste, bio- medical

waste and environment are entrusted to the Transport Department (TD), Urban

Development and Housing Department (UDHD), Health and Family Welfare Department (HFWD) and Forest Environment and Wildlife Department (FEWD) respectively.


78

Financial Arrangement

Absence of target and Action Plan

3.1.4 The receipt and expenditure of the LUEB as furnished by the Board were as under:

Funds provided by Total

funds

availabl

e

Expenditure Excess

(+)/

Saving(

-)

Year State Central CPCB

(Rs. In lakhs)

1996-97 5.00 Nil - 5.00 3.11 (-) 1.89

1997-98 1.67 1.50 - 3.17 3.07 (-) 0.10

1998-99 1.00 6.00 - 7.00 7.03 (+) 0.03

1999-2000 1.00 3.00 - 4.00 0.96 (-) 3.04

2000-2001 2.27 - 11.00 13.27 11.47 (-) 1.80

TOTAL 10.94 10.50 11.00 32.44 25.64 (-) 6.80

* Central Pollution Control Board

3.1.5 The Department neither fixed any target nor prepared any Action Plan due to which

achievement could not be compared with the target. The reason for the overall saving also could not be stated to audit.

3.1.6 The expenditure was towards purchase of laboratory equipment and chemicals,

payment of Muster Roll Drivers, Peons, Chowkidars, repair of instruments, organising pollution awareness camps and seminars and preparation of an Environmental Report of

Changu lake (1997).

Non-maintenance of separate accounts, budgets and annual accounts

3.1.7 The State Government had not prescribed the procedure for maintenance of separate

accounts as required under the Air (Prevention and Control of Pollution) Act 1981. In the absence of this, the transactions of the Board were merged with the accounts of Land Use and Environment Department and were not distinctly identifiable for which the expenditure could not be vouchsafed in audit.

Audit Coverage

3.1.8 In order to gauge the effectiveness of the regulatory mechanism in the State in

enforcing the statutory provisions for the protection and improvement of the environment

and control of pollution and waste management, the functioning of the LUEB, TD, UDHD and the STNM Hospital (out of 6 hospitals in the State) was reviewed for the period 1996-97 to 2000-01 during May-June 2001 through a test check (50 per cent) of the expenditure of the

board, departments and the hospital.

Air Pollution Management

Absence of Planning, Control etc.

3.1.9 The LUEB failed to take the following action as required under the Air (Prevention

and Control of Pollution) Act 1981.

(a) to plan a comprehensive programme for the prevention, control or abatement of air


79

pollution and secure the execution thereof.

(b) to inspect any control equipment, industrial plant or manufacturing process and to give,

by order, such directions to such persons as it may consider to take steps for prevention, control and abatement of air pollution. Although during 1994-95 to 2000-2001, 174

factories/units were registered in the State, no directions, as envisaged under the Act, were issued.

(c) to lay down standards for emission of air pollutants into the atmosphere from industrial plants and automobiles, etc.

3.1.10 The State Government also did not make any rule to carry out the purposes of this

Act.

Non-submission of environmental audit report

3.1.11 Under the Environment (Protection) Rules 1986, industrial units were required to

submit an environmental audit report to the Board on or before 15 May of every year beginning from the year 1993. As seen from the records, the Board had no mechanism to

ensure the submission of these reports. As stated by the Board, during 2000-01 only 4 units on their own volition submitted the reports.

3.1.25 These points were referred to the Government/Departments/Board (August 2001);

reply had not been received (October 2001).


80

Implementation of Environmental Acts and Rules relating to Air-pollution in Tamil Nadu

Summary Highlights

Government of India enacted the Air (Prevention and control of Pollution) Act, 1981

with the objective of prevention, control and abatement of air pollution and the

Environment (Protection) Act, 1986 for protection and improvement of environment.

Government of India also made rules under Environment (Protection) Act. The entire

area within the State of Tamil Nadu was declared as air pollution control area by State

Government in October 1983.

Review revealed, inter alia, cases of industries operating without consent, shortfall in

inspection of industries, inadequacy in Ambient Air Quality and Stack Monitoring

surveys, gross under-utilisation of pollution testing equipment, issue of fitness certificate

to vehicles without “Pollution under control”

There was an overall shortfall in obligatory inspection of industries by the Tamil Nadu Pollution

Control Board. (Paragraph 3.3.4.1.1)

Ambient Air Quality Survey was significantly low during 1996-2001 even in the case of highly

polluting industries. (Paragraph 3.3.4.1.2)

Contemplated stack monitoring survey was not conducted along with Ambient Air Quality

survey. (Paragraph 3.3.4.1.3)

- There was gross under-utilisation of pollution testing equipment valued at Rs 99.66 lakh.

(Paragraph 3.3.4.3.2)

Fitness certificate to 1,57,834 transport vehicles was issued by Regional Transport Offices without

conducting pollution tests. (Paragraph 3.3.4.3.3)

Rupees 80.15 lakh were collected towards fee for pollution check without conducting tests.

(Paragraph 3.3.4.3.4)

3.3.1 Introduction

The increased industrial activity and increase in vehicular population lead to increase in

discharge of pollutants thereby affecting the ambient air quality which in turn has an adverse

effect on vegetation and human health.

Government of Tamil Nadu made the Tamil Nadu Air (Prevention and Control of Pollution)

Rules, 1983 on the basis of the Air (Prevention and Control of Pollution) Act, 1981 of

Government of India (GOI). The GOI also made the following Rules in order to implement

the provisions of the Environment (Protection) (EP) Act, 1986.

Sl. No. Rules Purpose

1 The Environment (Protection) Rules, 1986 Prescribe standards for emission or

discharge of environmental pollutants.

2 The Hazardous Wastes (Management and

Handling) Rules, 1989

Prescribe procedure for environmentally

sound management and disposal of

hazardous wastes.

3 The Bio-Medical Waste (Management and


Prescribe procedure for segregation,

packaging, transportation, storage and


81

disposal of bio- medical waste.

4 The Recycled Plastics Manufacture and

Usage Rules, 1999

Regulate the manufacture and use of

recycled plastics, carry bags and containers.

5 Municipal Solid Wastes (Management and


Prescribe procedure for collection,

segregation, storage, transportation,

processing and disposal of municipal solid

wastes.


Secretary to Government, Environment and Forests Department was in overall charge of

prevention, control and abatement of Industrial Pollution. Tamil Nadu Pollution Control

Board (TNPCB) through its District offices and laboratories oversees and monitors the

implementation of relevant rules and regulations.

Secretary to Government, Home (Transport) Department was in overall charge of control of

vehicular pollution. Transport Commissioner through his zonal offices and Regional

Transport Officers (RTOs) oversees and monitors the implementation of relevant rules and

regulations. TNPCB had set up nine Vehicle Emission Monitoring (VEM) stations.


The review was conducted during November 2000 to April 2001 covering the period 1996-97

to 2000-2001 through test-check of records in the offices of Environment and Forest

Department and Home (Transport) Department of Government of Tamil Nadu, office of the

Transport Commissioner and four out of seven zonal offices; data was also collected from

TNPCB.

3.3.4 Monitoring of Air Pollution

3.3.4.1 Industrial emission

3.3.4.1.1 Shortfall in Inspection

In September 1988, GOI issued guidelines categorising industries into red, orange and green

based on their potentiality for causing pollution. TNPCB further classified these industries

into large, medium and small with reference to their gross fixed assets. GOI categorised

the industries engaged in the manufacture of 17 specified products as “17 Category "

highly polluting industries. „17 category‟ industries are to be inspected twice a month and

red-large industries once a month, by the engineers of TNPCB. Audit covered 26 industries

under '17 Category' and found that in respect of 24 industries shortfall in inspection was over

54 per cent during 1996-97 to 2000- 2001. This indicated poor monitoring even in the case

of highly polluting industries. Further, heavy shortfall in inspection ranging between 83

and 98 per cent was observed in respect of 39 industries covered in audit, falling under

red-large category.

3.3.4.1.2 Shortfall in survey of Ambient Air Quality

Sub-rule 3-B of Rule 3 of Environment (Protection) (EP) Rules, 1986 prescribes that the

combined effect of emission of pollutants from industries, processes, automobiles and


82

domestic sources shall not be permitted to exceed the specified concentration in ambient

air. TNPCB was required to monitor the position through its laboratories (Mobile/ District

Advanced Environmental Laboratories) by conducting Ambient Air Quality (AAQ) surveys

and Stack Monitoring (SM) surveys. In respect of 25 out of 26 industries falling under '17

category', covered in audit, shortfall in AAQ survey ranged between 20 and 100 per cent as

compared to the norm of twice a year. It was further noticed that neither the laboratories,

responsible for conducting the surveys, maintained a list of industries to be covered each

year nor was any such list furnished regularly to the laboratories by the District Offices.

3.3.4.1.3 Non-conduct of Stack Monitoring Survey

To ensure that stack emission is within the standards, the SM survey was required to be

done along with AAQ survey. However, out of 1040 AAQ surveys conducted by five

laboratories covered in audit, SM Survey was not conducted in 338 cases, due to non-

provision of port holes, inaccessibility of port holes, non-provision of platform in the stacks

and chimneys being small.

3.3.4.1.4 Consents not issued/renewed

In terms of Section 21 of the Air Act, 1981, to establish or operate an industrial plant

in an air pollution control area, previous consent of the State Board was necessary. Out of

21752 industries identified by TNPCB, 18632 industries applied for consent and consents

were issued to 16494 industries by the Board (upto March 2001). In respect of 19 industries

of “17 Category” covered in audit, 5 were functioning without renewal of consent for five

years, 2 for four years, 3 for three years, 7 for two years and 2 for one year during the five

year period 1996-2001.

3.3.4.1.5 Other points of interest

(a) Laboratory vehicles off the road

The vehicle attached to District Environmental Laboratory(DEL), Ambattur was off the

road from September 2000, because of which AAQ survey was not conducted in respect of

22 out of 46 industries during 2000-01. Similarly the vehicle attached to Mobile

Environmental Laboratory(MEL), Manali was off the road for a period of 12 months

between March 1999 and March 2001 and this curtailed the survey to 16 and 13 in 1999-

2000 and 2000-2001 respectively as against 21 surveys conducted in 1998-99. On the other

hand, due to upgradation of MEL, Coimbatore into DEL, one bus which was used as MEL

upto November 1996 has remained idle for over four years.

(b) Chettinad MBF Hi Silica (P) Ltd.

TNPCB did not conduct annual AAQ survey for this red-large industry for the years 1995-96

to 2000-01 as required, yet renewed the consent for 1996-1997, 1999-2000 and 2000-01.

(c) MRF Ltd.

In respect of boilers the tolerance limits for Suspended Particulate Matter (SPM) and

Sulphur Dioxide (SO2) were 150 mg/Nm3 and 400 mg/Nm3 respectively. The results of


83

SM surveys conducted on appointed days, were as shown below :

Name of the Boiler

Date of Stack Monitoring (values in mg/Nm3)

26 and 28 28 and 29 22 and 23 25 and 27

August 1997 December 1998 December 1999 July 2000

SPM SO2 SPM SO2 SPM SO2 SPM SO2

JT Boiler 647 181 494 11 182 643 135

448

SF Boiler 288 312 353 08 406 608 138

467

TS Boiler 312 085 323 05 221 554 146

501

Evidently most of the test results were in excess of the limits. However, TNPCB did

not take any punitive action against the industry. Further the TNPCB did not analyse the reasons for the abnormally low level of SO2 in December 1998.

d) Shardlow India Ltd., Chennai As seen from AAQ survey reports covering different stations (spots) within the premises of the industry, the levels of SPM and SO2 exceeded the norms as shown below:

Date of Survey Number of

stations exceeding

norms

Standards in

g/m3 Actual in g/m3

19 March 1997 SPM in 4 out of 5

stations

200 207 to 481

SO2 in 2 out of 5

stations

080 228 and 405

25 July 1997 SPM in 2 out of 5

stations

..do.. 488 and 550

SO2 in 2 out of 5

stations

..do.. 424 and 940

27 June 2000 SO2 in one out of 5

stations .

.do.. 204

In spite of high levels of emission of SPM and SO2, the TNPCB did not undertake SM

survey at all, although it is required to be done at least once a year along with AAQ survey,

for a red-large industry.

3.3.4.2 Ambient Air Quality Monitoring

3.3.4.2.1 Ambient Air Quality Monitoring in Chennai and Tiruchirapalli

For monitoring the level of air pollutants, TNPCB had set up stations during the year 1997

in five locations including three traffic intersections at Thiyagaraya Nagar, Kilpauk, and

Vallalar Nagar in Chennai city. In all the three traffic intersection stations the level of

pollutants exceeded the AAQ norms prescribed by Central Pollution Control Board, as

shown below:

Year Percentage of samples exceeding norms

SPM RPM

1998-1999 71 to 92 41 to 80

1999-2000 65 to 76 45 to 78


84

2000-2001 75 to 95 57 to 81

As against the norms of 200 g/m3 for SPM and 100 g/m3 for Respirable Particulate

Matter (RPM), the maximum values of SPM and RPM recorded were as high as 1900 g/m3

and 913 g/m3 respectively during 2000-2001.

In all samples taken in certain months the SPM exceeded the norms as indicated below:

(number of months)

Station Location 1998-1999 1999-2000 2000-2001

Kilpauk - 1 6

Thiyagaraya Nagar 7 2 7

Vallalar Nagar 2 1 3

Though TNPCB stated (July 2001) that seminars were organised to create awareness among

public, free emission clinics and surprise emission checks were conducted with the help of

Transport Department, the pollution levels were on the increase year after year which

indicated that the action taken by the Board was inadequate.

Five AAQ stations were setup in Tiruchirapalli between November 1999- March 2000. An

analysis of data for 1443 samples revealed that the SPM and RPM value exceeded the

norms in respect of 541 (38 per cent) and 244 (17 per cent) samples respectively between

November 1999 and March 2001.

3.3.4.2.2 Non setting up of AAQ Station at Udhagamandalam

In December 1998, Government, under Hill Area Development Programme, sanctioned Rs

7.69 lakh for installation of AAQ station at Udhagamandalam for continuous monitoring

of AAQ and collection of other meteorological data. The amount was released to the

TNPCB in March 1999. All the requisite equipment purchased at a cost of Rs.7.19 lakh

between July 1999 and March 2000 remained idle (March 2001) for want of manpower. The

Noise Level Meter valued at Rs.2.45 lakh purchased in October 1999 was, however, diverted

to DEL, Coimbatore.

3.3.4.3 Vehicle Emission

3.3.4.3.1 Non incorporation of provisions relating to emission checking

According to sub-rule (7) of Rule 115 of Central Motor Vehicles Rules, introduced in 1993,

every vehicle, after the expiry of one year from the date of first registration,should carry a

valid “Pollution Under Control” (PUC) certificate from an agency authorised for this

purpose by the State Government. Similar provisions were, however, not incorporated in the

Tamil Nadu Motor Vehicles (TNMV) Rules so far (May 2001), though the entire State was

declared as “Air Pollution Control Area” from October 1983.

3.3.4.3.2 Gross under utilisation of equipment


85

Government purchased in March 1995 and March-April 1996, 28 sets of pollution testing

equipment at a total cost of Rs.99.66 lakh (each set consisting of one Gas Analyser (GA) and

one Smoke Meter (SM)) and the same were issued to RTOs for conducting checks. The

amount was reimbursed by GOI in November 1995 (Rs.49.94 lakh) and March 2000

(Rs.49.72 lakh).

(i) Nine sets of equipment supplied during 1995 and 1996 to RTOs based in Chennai Urban

Agglomeration were not in use since February 1997 due to entrusting the work of

conducting the pollution tests and issue of PUC certificates to private agencies in Chennai.

Four sets were transferred (March and September 1997) to RTOs of Enforcement Wings in

Coimbatore, Salem, Chennai and Madurai for carrying out surprise check of vehicles.

However, only 1548 vehicles were tested during 1997-98 and 1998-99 by all the above

Enforcement Wings. Based on the highest number of 912 vehicles tested by Enforcement

Wing, Coimbatore, in 1997-99, average number of vehicles tested per day worked out to 1.25

vehicles only which cannot be considered optimum.

(ii) Out of the twenty eight sets supplied to RTOs, performance of twenty sets in Chennai

Urban Agglomeration and other districts was reviewed in audit and it was revealed that 26

equipments had failed:

Period from the date of

supply

Chennai Urban Other Districts

Agglomeration

GAs SMs GAs SMs

Within 12 months Nil Nil 4 2

Between 12 and 24 months 3 3 6 8

Thirty two equipments were kept idle for periods ranging from 15 to 68 months due to

repairs; of which 11 equipments were still under repair as of March 2001. Information

regarding the date from which the equipments were out of order was not available in respect

of 8 equipments.

No annual maintenance contract was entered into, although it was necessary to ensure that

the equipment was in order to conduct emission checks. There was gross underutilisation of

these costly equipments.

3.3.4.3.3 Issue of Fitness Certificate without PUC Certificate

Because of failure of pollution testing equipment as discussed above, 14 RTOs issued

fitness certificates in respect of 1,57,834 vehicles during 1997- 1998 to 2000-2001 without

conducting the test, in violation of Government orders issued in September 1997.

3.3.4.3.4 Irregular collection of testing fee

As stated earlier, pollution testing equipment were supplied to 28 RTOs from April 1995

onwards. Orders were issued only in January 1997 authorising the RTOs to conduct test and

issue PUC Certificate. However, even prior to this date, 8 RTOs collected the fees

amounting to Rs.15.23 lakh after conducting the tests. Further, though certain RTOs were

not supplied with equipment and the equipment supplied to others were not in working


86

condition, yet 12 RTOs collected testing fees amounting to Rs.80.15 lakh during the period

1997-98 to 2000-01, without testing.

3.3.4.3.5 Anomalies in monitoring and testing of vehicles for emission

Though private emission testing stations were authorised to conduct emission testing as early

as February 1997, yet it was only in March 2001, after being pointed out in Audit that the

designated officers were instructed by Transport Commissioner to undertake the monthly

inspection of such stations to check compliance of conditions of authorisation.

Sub-rule (4) of Rule 116-B of TNMV Rules, dealing with grant and renewal of authorisation

to private testing stations was amended in October 1998 revising the validity period of

authorisation and its subsequent renewal from one year to five years. This was contrary to

the clarifications sent (February 1998) by the Transport Commissioner to Government

according to which the validity of the original authorisation should be for five years and

subsequent renewal be on yearly basis. As a result of this ill-conceived amendment the yearly

checks got postponed to five long years, leading to inadequate monitoring and control.

As per the extant rules, effective from 1 July 1998, all vehicles other than goods vehicles

in Chennai Urban Agglomeration should be subjected to emission checking. In Chennai city

141 private testing stations were authorised to conduct the checks from February 1997.

Despite this, as against the city‟s vehicle population of 11,07,601 as on 31 March 1999 only

7,28,319 vehicles were tested by these stations up to April 2000, constituting a shortfall of 34

per cent. Evidently, six-monthly emission checks as contemplated were not also conducted.

3.3.4.3.6 Consequences due to non setting up of VEM stations by TNPCB

TNPCB was the authorised agency for issuing PUC certificate in respect of goods vehicles in

Chennai from February 1992 and in respect of fitness certificate bound vehicles (transport

vehicles) in Dindigul, Nilgiris, Kancheepuram and Tiruvallur districts, from July 1998.

However, while TNPCB did not set up a VEM station in Tiruvallur so far (May 2001), a

VEM station was set up at Kancheepuram only in April 1999. As a result, the RTO,

Kancheepuram issued fitness certificates to 1586 vehicles without PUC certificates between

July 1998 and April 1999.

Further, a VEM Station was set up at Gudalur in Nilgiris district by TNPCB on 6 October

1999 at a cost of Rs.2.70 lakh. This station functioned up to 29 October 1999 only with

temporary staff, and was closed thereafter, for want of staff. However, RTO, Gudalur

issued 1,064 fitness certificates to transport vehicles between November 1999 and

December 2000, even though PUC certificates were not produced.

3.3.5 Conclusion

The shortcomings and deficiencies such as-allowing establishment and operation of

industrial plants in an air pollution control area without proper consent of TNPCB-shortfall in inspection of industries by TNPCB -shortfall in conduct of AAQ/ SM surveys by TNPCB-

inadequate attention towards controlling emission from motor vehicles would point to lack


87

of overall sincerity in implementing the provisions of the Act and Rules in regard to air pollution. Common disposal facilities for hazardous wastes were not setup so far.

Monitoring and control of hazardous wastes generating industries was inadequate. The rules relating to management of bio-medical waste and municipal solid waste were not yet

given effect to. The above points were referred to Government in July 2001; reply had not been received (September 2001).


88

ENVIRONMENTAL ACTS AND RULES IN REGARD TO AIR POLLUTION in Uttar

Pradesh

The objective of the Environmental Acts and Rules is to regulate the sources generating

pollution and issue directions to the owners for adopting control measures and clean

process technology, where necessary. A review of the activities of the Regulatory

Authority, Uttar Pradesh Pollution Control Board (UPPCB) revealed that no survey had

been conducted by UPPCB to identify the polluting industries. Further, most of the

industries were operating without consent and without installing air pollution control

systems, in contravention of Acts and Rules. The performance of Transport Department

was also not satisfactory as it could not exercise prescribed checks on vehicles, which is

the main source of air pollution. Thus, the objectives envisaged in the Acts and Rules

were not achieved. The main findings have been highlighted below:

Rs. 27.31 crore released by the Government of India for clean process technology and adoption of

pollution control measures were diverted for meeting the establishment expenses of Uttar Pradesh

Pollution Control Board. [Paragraph 6.1.5(b)]

Out of Rs. 600.00 crore allocated in IX plan for Taj Trapezium Zone, only 15 projects costing

Rs. 452.86 crore were approved by Mission Management Board. Rs.183.60 crore thereof were

released during 1998-2001 and Rs. 132.58 crore were utilised. [Paragraph 6.1.14]

Against 8303 industries which required Air Pollution Control System, only 3403 (41 per cent) had

installed and 699 were non- functional. [Paragraph 6.1.7(e)]

Transport Department could check only 3 to 6 per cent of all vehicles for pollution control.

[Paragraph 6.1.10(a)]

218 stone crushers in Jhansi (141) and Allahabad (77) region were causing air pollution as Uttar

Pradesh Pollution Control Board failed to enforce remedial measures. [Paragraph 6.1.8]

In Obra Thermal Power Station Sonbhadra district, a surprise check by Central Pollution Control

Board in December 1999 revealed that Suspended Particulate Matter ranged between 7307 and

8660 µg per m3 which was 49 to 58 times above the prescribed norm. [Paragraph 6.1.9(a)]

No air sample could be collected by Uttar Pradesh Pollution Control Board from Thermal Power

unit at Harduaganj-Aligarh as facility for collecting and monitoring samples was not available.

[Paragraph 6.1.9(b)]

Though site identification work was carried out in 12 districts, only one site at Kanpur Dehat had

been acquired in March 1997 for disposal of hazardous waste and disposal facility was yet to

be created. [Paragraph 6.1.12(a)(ii)]

6.1.1 Introductory

The Government of India (GOI) enacted Air (Prevention and Control) Act, 1981 and Noise Pollution (Regulation and Control) Rules, 2000. The Uttar Pradesh Air (Prevention

and Control of Air Pollution) Rules, 1983 were also framed under Section 54 of the Air Act, 1981.

The Acts and Rules relating to waste management are: Environment (Protection) Act, 1986 (EP), Hazardous Waste (Management and Handling) Rules, 1989 and Amended Rules,


89

2000, Municipal Solid Waste (Management and Handling) Rules, 2000, Bio-Medical Waste (Management and Handling) Rules, 1998 and Amended Rules, 2000.

A review on implementation of Environmental Acts and Rules relating to Water Pollution was incorporated in the Report of the Comptroller and Auditor General of India

for the year ended 31, March 2000-Civil, Government of Uttar Pradesh (Paragraph 3.2). The present review is limited to implementation of Environmental Acts and Rules in regard to

Air Pollution and Waste Management.


Chairman UPPCB Lucknow is the overall head with a member secretary as its Executive

Head. He is assisted by eight Chief Environmental Officers, one Chief Accounts Officer, two Cess Officers and two Law Officers. There are 18 regional UPPCB Offices.

6.1.3 Objectives of UPPCB with reference to the Act

To prevent and control air pollution (including noise pollution) at source and maintain ambient air quality.

To advise the State Government on formulation of policies for effective control and abatement of air pollution and waste management.

To identify the hazardous wastes at source and to provide technology and suitable site for its safe disposal.


Records of UPPCB, the Departments involved in Taj Trapezium Zone (TTZ) at Agra, UP, Transport Commissioner at Lucknow and 11 Regional Offices of UPPCB pertaining to the period of 1995-2001 were test checked during January to May 2001.

6.1.5 Financial aspects

(a) The main source of income of UPPCB is the state's share of Water Cess from Ministry of Forest and Environment and consent and authorisation fee directly realized by UPPCB.

Receipt and expenditure was as under:

Year (Rupees in Lakh)

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Opening

Balance

987.86 1366.07 2051.31 2945.06 3008.91 3151.43

Receipts 789.40 1136.35 1438.31 1185.21 949.21 1285.81

Total 1777.26 2502.42 3489.62 4130.27 3958.12 4437.24

Expenditure 411.19 451.11 544.56 1121.36 806.69 847.92

Balance 1366.07 2051.31 2945.06 3008.91 3151.43 3589.32

From the above table it is evident that the unspent balances progressively increased. Besides the above, UPPCB received a grant of Rs.570.59 lakh during 1995-99 from State

Government under World Bank Project (Industrial Pollution Control Project) and incurred an expenditure of Rs.448.54 lakh therefrom during 1995-2001 leaving a balance of Rs.122.05

lakh.


90

(b) Diversion of grant received for pollution control measures

During 1992-2001, Rs. 41.78 crore released by GOI for the purpose of clean process

technology and pollution control measures were not utilised. On this being pointed out in

audit, it was stated that Rs. 14.47 crore out of Rs. 41.78 crore were lying as balance with

UPPCB and Rs. 27.31 crore were diverted for meeting the establishment expenditure of its

regional offices. The intended purpose of assisting the industries for clean process technology

was thus, not achieved. Government stated in reply that the amount was diverted as per

decision of UPPCB. The reply was not acceptable as the amount released by GOI has been

misutilised.

6.1.6 Control of air pollution

Air pollution may be categorised into two categories, industrial and vehicular. These are

tackled by two authorities, i.e. industrial pollution by the UPPCB and vehicular pollution

by State Transport Department.

6.1.7 Industrial pollution

(a) Regulatory functions of UPPCB

To control pollution, a comprehensive survey was required to be conducted for identification

of air polluting industries and ascertain the extent of pollution. It was, however, observed

that no such survey had been conducted. The Government stated in reply that as per latest

information, there were 8445 polluting industries identified by the UPPCB. The reply was

not correct as from the table given in para 6.1.7(e), 12932 industries required air consent in

2000-2001 in 15 regions out of 18 in the State.

(b) Air pollution control area and issue of consent

Initially, only the industrial premises were declared as industrial pollution control area in

U.P. The State Government, after consultation with UPPCB in November 2000, decided to

declare the whole of the state as air pollution control area under section 19 of the Air Act.

This decision was, however, to take effect from the date of publication of a notification in the

Gazette. UPPCB was not aware (September 2001) whether the notification had been

published.

(c) Consent

Under section 21(1) of the Air Act, it was mandatory to obtain prior consent of UPPCB to

establish or operate any industrial plant in an air pollution control area. Applicants were

required to apply for consent to UPPCB alongwith the prescribed fee at the rates ranging

between Rs. 50 and Rs. 5000 depending upon the capital cost of the industries. To ensure

that no industry except non- hazardous and non-polluting categories was in operation,

particulars of such industrial units was to be maintained by UPPCB and by its regional

offices. It was, however, observed that no such data was maintained. Consequently, the

number of industrial units in operation without consent of UPPCB could not be

ascertained. However, the information in this regard as furnished by 15 out of 18 Regional

Offices (ROs) was as under:


91

Year No.

of

Reg

i on

Total No. of

Industries

requiring

Consent

Applications

Received

Consent Granted Rejected Under

process

No. Percenta ge No. Percentag

e

1995-

96

10 4535 1184 26 505 11 623 56

1996-

97

11 6293 2049 33 984 16 1010 55

1997-

98

12 7986 4434 56 2152 27 2206 76

1998-

99

13 8544 3496 41 2038 24 1420 38

1999-

00

13 9425 3646 39 2273 24 1329 44

2000-

01

15 12932 3206 25 1899 15 1051 256

Total 49715 18015 9851 7639 525

In the absence of the basic records required to be maintained by UPPCB, the authenticity of

the figures cannot be vouch-safed. Even the above table indicated that during the period

1995-2001, the percentage of applications received for consent against the total air polluting

industries declined from 56 per cent in 1997-98 to 25 in 2000-01. It was observed that

applications under process in a year were not processed in the subsequent year, with the

result that the applications under process accumulated to 525 during the period 1995-2001.

Non-disposal of these applications enabled 85 per cent of the industries running without

consent in contravention of the Air Act during 2000-01.

Further, Environment (Protection) Rule, 14 envisages that industries requiring consent or

authorization shall submit every year an Environmental Statement (ES) incorporating details

of nature and quantity of fuel or material consumed by the unit and adequacy of measures

adopted to control pollution. The UPPCB reported that only 1190 ES were received during

the year 1995-2001 which indicated total disregard of EP Rules. It was also observed that

ESs received were not processed and UPPCB was loosing its authority on pollution control.

(d) Irregular waiver of consent fee

Under Section 21(1) of the Air Act, UPPCB was to issue consent for establishment of new

industries or for increasing the capacity of the existing industries on payment of a prescribed

fee. UPPCB, however, was issuing no objection certificates (NOC) without any fee resulting

in loss of revenue of at least Rs. 3.91 lakh calculated at the lowest rate of Rs. 50 per NOC

during 1995-2001.

Against the target of consent fee of Rs.266.31 lakh to be realised by UPPCB and its regional

offices during 1995-2001, consent fee realised was Rs.353.28 lakh (Appendix 6.1). Although,

achievement was higher, UPPCB failed to ensure that all identified polluting industries were

operating under consent. Further, the consent fee realised declined from Rs.84.83 lakh to Rs.

51.52 lakh over the period 1997-98 to 2000-01 indicating poor monitoring by UPPCB.

UPPCB failed to identify the number of industries operating under consent and the total


92

industries requiring consent.

(e) Air pollution control system (APCS)

To keep the industrial emission within the prescribed standard, the industrial units are

required to install the APCS of the design and capacity as approved by UPPCB. Information

regarding number of air polluting industries requiring APCS and industries with functional

and non-functional APCS was collected by audit from 15 out of 18 regional offices of the

UPPCB, though the basic records in support of this information were not produced to audit.

The details are given below:

Catego

ry

Total No.

of

Industries

No of Industries

Air

Pollutin

g

Requiring

A.P.C.S.

With

A.P.C.

S.

Without

A.P.C.S

.

Functiona

l

A.P.C.S.

Non-

functional

A.P.C.S

Large 382 294 281 277 4 237 40

Mediu

m

630 425 391 319 72 304 15

Small 13095 12213 7631 2807 4824 2163 644

Total 14107 12932 8303 3403 4900 2704 699

Out of 12932 air polluting industries, 8303 industries required APCS against which only

3403 industries (41 per cent) had installed APCS facilities while the remaining 4900 (59 per

cent) were without APCS. Out of 3403 industries which had installed APCS, only 79 per

cent were functional. Action was not taken under section 31-A of Air Act by UPPCB and

under Section 5 of Environment (Protection), Act by State Government against the

defaulter industries. The Government stated that with its limited resources, UPPCB had

prioritised 17 categories of 822 highly polluting industries for monitoring and 754 units had

installed APCS. Reply of Government was not tenable and 68 highly polluting units were in

operation. Apart from sufficient funds being available with UPPCB, it had failed to enforce

installation of APCS, ensuring functionality of installed APCS and taking legal action

against erring industrial units.

6.1.8 Air pollution by stone crushing unit

In the case of stone crushing units, SPM at a distance of 40 meters from a controlled isolated

location as well as from a unit located in a cluster should be less than 600 µg# per cubic

meter.

In Jhansi region, 158 units (Jhansi-74, Mahoba-50, Chitrakoot-24, Lalitpur-7 and Hamirpur-

3) had SPM higher than the prescribed standards. A cluster of 50 units was operating at

Kabrai in Mahoba. The result of air samples collected from these 50 units in March 2001

indicated that SPM in the air ranged between 891 µg to 2245 µg per cubic meter against the

prescribed limit of 600 µg. The Government stated that UPPCB had issued 50 show cause

notices and closed down 17 units at Mahoba. The remaining 141 units in Jhansi region

were still polluting the air, out of which 91 units were not issued even the show cause notice.

In district Sonbhadra of Allahabad region, 123 units were under operation and the SPM in


93

the air ranged between 884 µg to 1042 µg. The Government stated that UPPCB had closed

down 42 stone crushers and 4 had installed complete APCS and 3 had partially complied

with the requirements. The location of the these 7 units were not mentioned in reply.

However, 77 units were still polluting the air.

6.1.9 Alarming emission of SPM in Thermal Power Plants

(a) Obra, Sonbhadra

There were two Thermal Power Stations, Unit A and Unit B at Obra in Sonbhadra district.

In unit A, 8 units (5 of 50 M.W. and 3 of 100 M.W. each) were generating power from

1968. In unit B, there were five units of 200 M.W. running from 1977. No APCS had

been installed in unit A. Although APCS had been installed in unit B, it was not working

satisfactorily. The records of RO, Allahabad revealed that the samples of unit B tested in

January 1996 and December 1996 showed the SPM of 1413 µg/m3 and 1812 µg/m3

respectively against the maximum permissible 150 µg/m3. Further, the SPM of samples of

the emission of unit no 11,12 and 13 (Unit B) collected on surprise checks by the officers of

the Central Pollution Control Board, Kanpur and Regional Office, Allahabad on 30 and 31

December, 1999 ranged from 7307 to 8660 µg/m3. Higher SPM, thus, ranged between

4871 to 5773 per cent. The UPPCB stated in their Pollution Control Status Report of

March 2001 that it had taken action for prosecution under section 22-A of Air Act, and

that the case was pending in the Lucknow bench of Allahabad High Court. It was also

observed that Central Pollution Control Board had issued directions under section 5 of EP

Act, 1986 to the Chairman UP State Electricity Board on 20 February 1998 to submit

time bound action plan within 15 days of the issue of the directions regarding installation

of APCS. Inspite of this, no action plan was submitted by UPSEB as of December 2001.

(b) Harduaganj, Aligarh

There were 7 thermal power generating units operating in Harduaganj, Hashimpur in

Aligarh district since 1962. UPPCB intimated that there was no proper APCS to control the

SPM. However, the actual quantity of the SPM could not be ascertained as there were no

monitoring facilities.

As such, UPPCB failed, not only in not controlling the pollution of the Thermal Power

Station but also in ensuring installation of monitoring facilities for collecting required

samples.

6.1.10 Vehicular pollution

(a) Checking of emission

The rules made under Motor Vehicle Act (M.V. Act), 1988 provides for six monthly

checking of emission of every motor vehicle by Transport Department to ensure that its

emission was within the prescribed limit. A certificate to this effect is also required to be

issued to the owner regarding such checking. If the emission of any vehicle is not found

within the prescribed limit, penal action is required to be taken under section 190(1) of M.V.

Act. Scrutiny of records of the office of the Commissioner Transport Department U.P.


94

Lucknow (TC), however, revealed that during the years 1996 to December 2000, only 3 to

6 per cent of motor vehicles were checked. Details are as under:-

Year No. of Motor

Vehicles

No. of Checkings

(2 per vehicle)

No. of vehicles

checked

Percentage of

checking

(-----------------------------Vehicles in Lakh----------------------------)

1996-97 31.88 63.76 3.94 6

1997-98 37.75 75.50 2.09 3

1998-99 40.27 80.54 2.25 3

1999-00 44.92 89.84 3.28 4

2000-01 46.57 93.14 2.39 3

(b) Shortage of Testing Equipment

Smoke density meter and Gas analyser are two important equipments for testing

vehicular emission. It was observed that smoke density meters were not available in 16

districts and both smoke density meters and gas analyser were not available in one district

at Fatehgarh. The State Government released Rs. 35.37 lakh for this purpose but only Rs.

13.08 lakh could be utilised and Rs. 22.29 lakh were surrendered to Government. Reasons

for not providing the equipment to 17 districts despite availability of funds were not

furnished.

6.1.11 Monitoring of Ambient Air Quality

In order to implement Section 16(2)(g) of Air Act, UPPCB was required to prepare annual

action plan and conduct the monitoring of ambient air quality and take remedial measures

wherever necessary. It was, however, observed that no action plan to improve the ambient

air quality was prepared. The UPPCB was also responsible for centrally sponsored National

Ambient Air Quality Monitoring (NAAQM) scheme. The UPPCB monitored the air quality

in nine cities with 19 monitoring centres. It was collecting and testing samples from these

centres and sending the data to the Central PCB, New Delhi. The details of the test results of

ambient air quality are given in Appendix 6.2.

The SPM of the sensitive, commercial/residential and industrial areas were much higher

than the prescribed standard as would be seen from the Appendix 6.2. Similarly it was seen

that RSPM was not checked in all 9 towns coveredunder the scheme between 1997 and

1999. However, RSPM sample checked in 6 towns during 2000 and 2001 showed that

against the prescribed standard of 120 µg for industrial area, quantity of RSPM ranged

between 130 µg to 422 µg in 4 industrial areas and against the prescribed limit of 60 µg for

commercial and residential areas, the RSPM was up to 306 µg in Renusagar and Anpara

sites of Sonbhadra. Government stated in reply that the data was being suitably utilised by

UPPCB in its day to day functioning. It had cited examples of two cities, Lucknow and Agra

(in TTZ) where remedial measures were taken to improve the air quality. In both cities,

action was being taken only after intervention of the court. However, despite the court orders

the Government failed to enforce the remedial measures to control air pollution with the

result that the quantity of SPM at Lucknow and Agra could not be controlled within the


95

prescribed standard as shown in the Appendix 6.2. In fact, quality of Ambient Air

deteriorated in two out of three sites of Agra from 1998 onwards.

6.1.14 Taj Trapezium Zone

With a view to provide environmental protection to Taj Mahal, Government of India,

Ministry of Environment and Forest constituted a Taj Trapezium Zone (TTZ) covering

10400 Sqr. Km. area vide Notification issued in May 1999 under Environment (Protection)

Act, 1986. The main objective was to ensure environmentally compatible development in

the entire zone so as to protect Taj Mahal and other heritage sites in the Zone. The

Goverment of UP notified "Taj Trapezium Environmental Protection Fund Rules" in 1999.

Rs.600 crore were allocated during the IX Plan which were to be equally shared by the

Centre and the State Government to implement various schemes relating to uninterrupted

power supply to the industrial units of Agra, construction of Gokul and Agra Barrages,

improvement of water supply and drainage system, solid waste management, widening of

roads/construction of by-pass roads and afforestation in the zone. The work was to be

managed by the Mission Management Board (MMB) headed by the Chief Secretary of UP

Government alongwith representatives from State and Central Government.

The MMB approved 15 Projects costing Rs.452.86 crore as of March 2001. The total

amount released by the Government during 1998-2001 was Rs.183.60 crore against which

Rs.132.58 crore (72 per cent) were utilised, Rs.5.36 crore were surrendered and Rs.45.66

crore remained unspent. Department wise details of release and expenditure is in Appendix

6.3. It was observed that despite incurring an expenditure of Rs. 132.58 crore, there was no

improvement in the Ambient Air quality in TTZ, due to lack of proper planning and

implementation. Out of Rs.132.58 crore, Rs.15.29 crore spent by UP Jal Nigam and

Irrigation Department (details given in succeeding paragraphs) were irregular and did not

relate to protection of Taj Mahal.

Test-check of records of the various executing agencies revealed the following:

(a) Jal Nigam

The records of seven divisions located at Agra showed that Rs.2.07 crore were diverted

towards salary of establishment and Rs.4.19 crore as centage charges.

(b) Nagar Nigam, Agra

According to Executive Engineer, Nagar Nigam, Agra (May 2001), the solid wastes were

not lifted daily from dustbins inspite of incurring an expenditure of Rs.7.33 crore on

purchase of vehicles, implements for containerised handling, tipper trucks, workshop

equipments, RCC platforms etc.

(c) Irrigation Department

Rs.1.25 crore and Rs.7.78 crore charged as centage charges by Agra Barrage and Gokul

Barrage Divisions respectively were not admissible as assets created out of this fund

pertained to Irrigation department.


96

(d) Public Works Department (PWD)

Rs.8 crore and Rs.5.66 crore were released to Construction Division of PWD for

construction of one part of Agra by-pass and improvement of 20 Agra city roads costing

Rs.10.65 crore and Rs.48.75 crore respectively. An expenditure of Rs.4.28 crore was incurred

on construction of 16.8 km. by-pass road. The construction of remaining work (3.1 km. road)

was held up due to dispute over land.

The objective of improvement of 20 city roads was to facilitate the smooth traffic flow to

curb vehicular pollution. Out of total cost of Rs.48.75 crore, a meagre amount of Rs.5.66

crore was released (August 2000) by State Government against which Rs.2.30 crore were

spent and the rest (Rs. 3.66 crore) was surrendered as of March 2001. Thus, there was delay

in curbing pollution in Agra.

(e) Uttar Pradesh Power Corporation Ltd.

A sum of Rs.5.55 crore was released for installation of 315 MV Transformer at 400 KV

sub-station at Polipokhar (costing Rs.9.11 crore) during 1999-2001 and Rs.1.67 crore was

spent on civil work. However, the supply of transformer could not be made till March 2001,

i.e. the targeted date of completion. The main objective of the project to provide

uninterrupted power supply to avoid use of air polluting power generator sets could not be

achieved.

6.1.15 Monitoring and evaluation

UP Pollution Control Board is the main regulatory authority in respect of the multifarious

functions assigned to it. No control records/registers were maintained by the Board. The

activities of the UPPCB were never evaluated by any independent prescribed agency.


97

IMPLEMENTATION OF ENVIRONMENT ACT AND RULES RELATING TO AIR

POLLUTION in West Bengal

Highlights.

The Environment Department is responsible for formulation of policies relating to all

environmental issues and their execution through The West Bengal Pollution Control Board

(Board). The Board failed to take appropriate measures against the polluting industries for

violation and disregard of pollution norms. Inspection and ‘stack analysis’ were insignificant to

have any impact on control of pollution. Large number of small industries were operating without

consent. Control of pollution from vehicular emission by the Transport Department was ineffective.

Thermal Power Stations operating within the residential areas in Kolkata Municipal Corporation

(KMC) did not observe ambient air quality standards. Due to pollution, blood lead level of

about 55 per cent of children in Kolkata was above safe limits. Kolkata’s citizens had almost ten

times higher Alveolar Macrophage (AM) count in their sputum. According to an estimate following

a study conducted by World Health Organisation (WHO) based on air quality of Kolkata in 1995-

96, hospitalisation and sickness requiring medical assistance and pre-mature death in Kolkata

were 55 lakh and 0.11 lakh respectively. Calcutta Electric Supply Corporation’s (CESC) Cossipore

Unit alone contributes 64 per cent of Kolkata’s Particulate Matter (PM). In absence of any

notified site, hazardous waste was dumped in low-lying areas causing serious environmental

hazards. Bio-medical waste in most cases are not segregated and dumped along with the domestic

garbages in the water bodies and even on the riverside in one case. The pollution control

mechanism was virtually non-operational in the State.

Against total budget provision of Rs 45.23 crore during the years 1997-2001 the Department

could utilise only Rs 23.05 crore. (Paragraph 3.2.4)

Out of 3.1 lakh industrial units registered in the State, Board could identify only about 10000

polluting units (3.23 per cent). (Paragraph 3.2.5)

Out of 127 grossly Air polluting units, 69 units did not conform to pollution standards set by

Central Pollution Control Board (CPCB). (Paragraph 3.2.6(b))

Out of 9496 industrial units under consent regime, Board conducted 3347 inspections on an

average during 1999-2001 and analysed only 541 stack samples which would be 36.17 per cent and

3.9 per cent respectively of the required number considering at least one inspection/analysis per

unit per year for 4627 red category units. (Paragraphs 3.2.6(c) & 3.2.6 (d))

Due to failure to equip its laboratory, Board could not assess some parameters like Carbon Mono Oxide (CO), Mercury (Hg), Chlorine (Cl2), Hydro Chlorine Vapour (HCl) and mist. (Paragraph

3.2.6(e))

Pollution load from vehicular emission increased from 311 tons per day in 1988 to 486 tons per

day in 2000. Out of 1.93 lakh vehicles checked by Kolkata Police during 1998-2000, 1.36 lakh

vehicles failed to pass the test, of which 0.29 lakh vehicles were running with Pollution under

Control certificates. (Paragraphs 3.2.8 & 3.2.8 (c))

All the five stations of CESC located in densely populated areas could never maintain pollution

standards.


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Durgapur Steel Plant and Burnpur and Kulti units of Indian Iron and Steel company, engaged in

production of steel materials consistently failed to maintain pollution standards but no action was

taken against these units. (Paragraph 3.2.9B (i) & (ii))

Both Kolaghat Thermal Power Station (KTPS) and Santaldih Thermal Power Station (STPS)

were operating with shorter stack heights and consistently failed to maintain pollution standards.

Ash ponds at KTPS were inadequate and frequent overflowing of ash slurry resulted in

deterioration of water quality and siltation of the recipient water bodies (Medinipur and Denun

Canal). (Paragraph 3.2.9C(i))

Board monitored ambient air quality in eight district towns during the period from December 1999 to March 2000, SPM in all cases and NO2 in most of the cases exceeded the standards. (Paragraph 3.2.10)

According to an estimate following a study conducted by World Health Organisation (WHO) based

on air quality of Kolkata in 1995-96, hospitalisation and sickness requiring medical assistance and

pre-mature death in Kolkata were 55 lakh and 0.11 lakh respectively. At Picnic Garden in

Kolkata lead concentration in dust on roof tops, soil around the lead factories and in sediment of

the local ponds were found in alarming quantity. Blood lead level of about 55 per cent of children

in Kolkata was above safe limits. Kolkata’s citizens had almost ten times higher Alveolar

Macrophage (AM) count in their sputum. (Paragraphs 3.2.9 A (iv) and 3.2.11)

3.2.1 Introduction

In order to prevent, control and abate air pollution, Government of India (GOI) enacted The

Air (Prevention and Control of Pollution) Act 1981. In West Bengal transport and industrial

sectors are the major contributors to air pollution. Untreated solid wastes including

hazardous wastes and bio-medical wastes also cause environmental degradation.

The Environment Department (Department) is responsible for formulation of policies

relating to all environmental issues and exercised its control through the West Bengal

Pollution Control Board (Board). The Board is responsible for planning and execution of

programmes for prevention, control and abatement of air pollution and pollution from solid

wastes, inspecting the Pollution Control System (PCS) adopted by industries, analysing stack

samples and prescribing standards for control of industrial and vehicular pollution. Motor

Vehicles Department and Home (Police) Department are the nodal agencies for checking

the standard of vehicular emission while the Municipal bodies are responsible for solid waste

management.


The Principal Secretary of Environment Department is the nodal officer of the State who is

assisted by one Chief Environment Officer and three Senior Environment Officers for

formulation and implementation of policy in respect of environment and pollution matters.

The Principal Secretary of the Department is also the Chairman of the Board and the

Member Secretary is the Chief Executive Officer of the Board, which includes 15 other

members nominated by the State Government. The Board has 11 regional offices with its


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headquarters in Kolkata.


A review on the working of the Department and the Board relating to water pollution was

included in the Report of the Comptroller and Auditor General of India for the year ended

31 March 2000. The present review, on management of air pollution covering the period

from 1996 to 2000, was reviewed in March 2001. Records of the Office of Deputy

Commissioner of Police (Traffic) and 27 municipal bodies were also examined.

3.2.4 Financial management

Expenditure towards management of environmental controls was financed from the State

Budget. Against total grants of Rs 45.23 crore for 1997-2001, the Department spent only Rs

23.05 crore, which included Rs 18.10 crore released to Board as grant. Thus, there was a

savings of Rs 22.18 crore (49 per cent). Government stated (July 2001) that out of Rs 22.18

crore, Rs 20.41 crore was meant for improvement of infrastructural facilities of the Board

which could not be executed due to some problems.

Besides receipt of grants from Government of West Bengal and Government of India as

State‟s share of water cess, the Board‟s own receipt accrued from issuing of NOC, consent,

sale of forms, etc. During 1996-2001 Board‟s receipt and expenditure were Rs 53.36 crore

and Rs 32.91 crore respectively.

3.2.5 Poor identification of polluting industries

The Board had not conducted any district-wise or category-wise survey for identification of

polluting industries and assessment of pollution from such industries. Out of 3.1 lakh

industrial units registered in the state, the Board could identify only about 10,000 polluting

units (3.23 per cent) till March 2001 in relation to the provisions of the Water Act, 1974 and

the Air Act, 1981. However, details of industries attracting the provisions of the Water Act

and the Air Act could not be furnished by the Board. Board contended (May 2000) that only

10,000 major and medium factories registered with the Chief Inspector of Factories (CIF)

were running. This was not tenable since a recent survey (June 2000) sponsored by the

Department and Kolkata Metropolitan Development Authority (KMDA) identified 9600

polluting industries within Kolkata Municipal Corporation (KMC) area. Of those about 4400

units were running only on the strength of trade licenses issued by KMC. Thus, Board

was not aware of the polluting industries or the extent of pollution caused by small industries

in KMC area.

3.2.6 Enforcement of Air Pollution measures

According to the Air Act, 1981, polluting industries should take necessary pollution control

measures including installation of Pollution Control Systems (PCS) for treatment of emission

before discharging into the air. The consent of the Board was mandatory for any industry to


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continue its operations. The provisions of the Act were, however, not enforced effectively by

the Board as discussed below :

(a) Polluting industries running without consent

Consent is granted for 1, 3 and 5 years to Red (4627), Orange (3934) and Green (935)

category of industries respectively. As of March 2001, 3850 industrial units were running

without consent from the Board (Appendix 23). Out of 9496 units brought under its

consent administration, the Board granted consent to 6514 units only during 1999-2000.

Against 2300 red category industrial units (as of April 2000) consent could be granted to

1775 units only, which was indicative of the fact that at least 525 red category units were

running without consent. Board did not maintain consolidated consent register as required

under Air Act, 1981. In the absence of such a register Board had no consolidated information

of the industrial units running without consent or could monitor their units centrally.

(b) Pollution status of grossly polluting units

During 2000-2001, out of 127 grossly (Special Red) Air polluting units, 69 units failed to

maintain pollution standards. The percentage of failure to maintain the pollution standards

in respect of individual units ranged between 25 per cent (4 units) and 100 per cent (46 units).

Thus, performance of the Board in controlling air pollution was grossly ineffective. As a

result, air pollution load of the State was on the rise. Government stated (July 2001) that

Board issued show cause notices for non compliance and some units were asked to submit

action plan to comply with the standard within specific time limit. As seen during

Audit, there was little effective follow up on such notices and industries continued to violate

the norms as stated in the subsequent paragraphs.

(c) Inspections

For planning, control and abatement of pollution, the Air Act, 1981 emphasises compulsory

and regular physical monitoring through field inspections. For grossly polluting units (Air

145 and water 110) the norms for inspection were monthly, bi- monthly, quarterly, half-

yearly or yearly and for other red category units the inspection schedule was at least once a

year. Out of 9496 industrial units, the number of inspections conducted by the board during

1999-2001 was 3347 on an average per year which would be 36.17 per cent of the required

number considering at least one inspection per year per unit for 4627 red category units.

The Board did not maintain any record showing the time schedule of inspection, dates of

inspection, name of units covered under inspection and results of inspection. Thus, there

was no systematic monitoring of inspection and its compliance of controls. Government

admitted (July 2001) the fact and stated that to focus more attention to the gross

polluters, the grossly polluting industries were kept under strict surveillance through a

prefixed inspection schedule with Board‟s limited manpower.

(d) Inadequate monitoring of emission


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For assessment of effectiveness of PCS installed by the units for maintenance of pollution

standard in conformity with the standard set by the Central Pollution Control Board

(CPCB), Board was required to collect and analyse stack samples on a regular basis.

During 1998, 1999 and 2000 Board collected and analysed only 541 stack samples which

would be only 3.9 per cent of required number considering at least one analysis per unit per

year for 4627 red category units. Considering that more than 55 per cent of grossly polluting

units failed to maintain pollution standards, the number of stack analysis done were too

meagre for such an important checking regime. Government admitted (July 2001) the fact

and stated that the Board did not have adequate facility to collect samples from stacks of

industries.

(e) Deviation from testing standard

CPCB developed Minimal National Standards for stack emission to be tested according to

categories of industry. The Board did not follow those standards and except particulate

matter (PM) other parameters were not tested for which the Board relied on the test reports

submitted by the units. Scrutiny revealed that while the report in respect of a unit

submitted by a Board‟s approved laboratory, indicated that all the parameters tested were

within the limit, the PCS of the unit was defunct during the period of the test. The Member

Secretary of the Board stated that in absence of facility, some parameters like CO, SO2, Hg,

Cl2, HCl vapour and mist could not be analysed in its laboratories. This is despite the fact

that till date the Board could not utilise a grant of Rs 4.52 lakh received from

Government of West Bengal during 1995-96 for procurement of laboratory equipment. Thus

due to failure to equip its laboratory properly the Board was not in a position to assess the

pollution status of the units to be monitored by them.

3.2.7 Air Pollution

Major sources of air pollution in the State are industrial and vehicular activities. The

estimated air pollution load of Kolkata during 2000 was about 3.53 lakh tons. No systematic

data on air pollution load of the State as a whole was available. Of the total pollutants,

transport sector contributes 50 per cent, industrial sector contributes 48 per cent and domestic

sector contributes the rest.

3.2.8 Vehicular emission

Automobiles are the largest contributors of pollution load of Kolkata. Due to rapid

urbanisation in and around Kolkata, there had been a sharp rise in the number of

vehicles. The total number of vehicles registered up to January 2001 in the city was 7.21

lakh. Pollution load from this sector increased from 311 tons per day in 1988 to 486 tons per

day in 2000.

(a) Pollution from old vehicles

About 54 per cent of the total vehicles plying in the city of Kolkata were more than 15


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years old. State Government had not implemented any policy for phasing out the old

vehicles off road. The vehicles with two-stroke engines (scooters, motor cycles, auto

rickshaws, tempos, etc.) contribute about 46 per cent of city vehicles. Emissions of pollutants

from two-stroke vehicles are much higher than from the vehicles with four stroke engines.

There had been a steep increase (70 per cent) in two-stroke engine vehicles during the last

ten years. About 40 per cent of the auto rickshaws plying in the city have no authorization

from Public Vehicle Authority.

(b) Excess use of 2T oil

Excess use of 2T oil in two-stroke engines by one per cent increases smoke and particulate

matter by 15 per cent. Though premixed 2T oil dispensers were installed at all the petrol filling

stations in Delhi and sale of loose 2T oil was banned from December 1998, in West Bengal,

sale of loose 2T oil is still continuing contributing to increase in vehicular pollution.

Government stated (July 2001) that the issue of appropriate ban order on the sale of loose

2T oil was under active consideration.

(c) Lack of control of vehicular emission

Though transport sector contributes about 50 per cent of total air pollution, neither the

Department nor the Board made any effort to control the pollution from this sector.

There was no co-ordination between the two agencies. More than 75 per cent of all category

of vehicles plying on the roads emit air pollutants beyond permissible limits. In Kolkata

there were only seven motor vehicle inspectors for checking 7.2 lakh vehicles. Committee

constituted under the order of Kolkata High Court observed that during the last ten years

only 5 per cent of the vehicles registered in Kolkata was tested for issue of Certificate of

Fitness (CF), but the condition of the engines were not seriously checked and emission

standard was never checked. Thus no remedial measures had been taken by the State

Government. In-use vehicles are to obtain PUC certificates from Public Vehicles

Department, which remain valid for six months. In Kolkata, issue of PUC certificates for 7.2

lakh vehicles by conducting auto-emission test were entrusted to 75 private automobile

testing centres by the Public Vehicles Department from time to time. Number of such

testing centres were palpably inadequate. According to a study (2000) conducted by the

Board, the integrity of such centres were not only doubtful but their performance was also

unsatisfactory, due to the absence of skilled and trained manpower, regular maintenance of

equipment and lack of supervision and assessment of the performance of these automobile

testing units. Scrutiny revealed that out of 1.93 lakh vehicles checked by Kolkota Police

during 1998-2000, 1.36 lakh vehicles failed to pass the test (Appendix 24) of which 0.29

lakh vehicles were running with PUC certificates.

3.2.9 Industrial Emission

Emissions from industries including Thermal Power Stations (TPS) is the major source of air

pollution other than the emission from vehicles. Though Durgapur and Howrah have been


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identified as critically polluting zones by CPCB, the Board did not conduct any

comprehensive study to assess the impact of the pollution of these zones on environment and

human health. In the State 16 TPS discharge about 2182 tons of PM per day. A few major

cases of polluting units are discussed below:

A Kolkata Metropolitan Area

TPS, big industries dealing with hazardous chemicals, batteries etc and several clusters of

small industries operating in the Kolkata Metropolitan Area (KMA) are the major

contributors of air pollution. A study conducted by Kolkata Metropolitan Development

Authority (KMDA) for identification of industrial units within KMA indicated the presence

of very large number of tiny hazardous units in densely populated areas.

(i) Calcutta Electric Supply Corporation

Each of the 5 Stations of CESC located in densely populated areas often failed to maintain

pollution standards. Of these Cossipore Station was the most polluting station which alone

contributed 64 per cent Suspended Particulate Matter (SPM) of Kolkata. On prayer, the

Board relaxed (August 2000) the standard of SPM from 150 mg/m3 to 350 mg/m3.

Nevertheless the test reports of November 2000 (SPM –539mg/m3)6 and January 2001

(SPM – 788.27 mg/m3) did not indicate any improvement in emission quality. The station

though located in a densely populated residential area, could never maintain ambient air

quality standard set for such areas. Southern Generating Station of CESC also located in a

densely populated area and in the vicinity of a hospital also could never maintain the

ambient air quality standard even for residential areas (Appendix 25).

(ii) Exide Industries Limited, Shyamnagar

The unit engaged in manufacturing of acid lead battery and grouped under the grossly

polluting industries consistently failed to maintain the pollution standards. Height of the

stacks (11m to 15m) attached to different operational units were much less than the

minimum stack height (30m). During 1996-1997 the company continued its operations

inspite of denial of consent by the Board. In 1998, Board granted conditional consent subject

to upgradation of PCS of the company. The Board again granted conditional consent for two

consecutive years inspite of the failure of the company to comply with its directions. In May

2000, concentration of lead (23mg/Nm3) in stack emission exceeded the set standard (1

mg/Nm3) by 2200 per cent and in January 2001 concentration of SPM (8826 mg/Nm3)

exceeded the set standard (150 mg/Nm3) by 5784 per cent. Government stated (July

2001) that it was Board‟s policy against the errant units to allow a reasonable time period for

erection of pollution control system. The unit is presently under monitoring of a fixed

schedule.

(iii) Small Industries


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Large number of small industries are clustered in different densely populated areas

within KMA area. Rubber industries, dyeing and bleaching units, small pharmaceutical

units, paper board manufacturing units, etc in the eastern and northern part of Kolkata use

various sizes of coal fired boilers. Clusters of small scale foundries and rolling mills at

Howrah, lead smelting units in the eastern fringe of Kolkata and the coal fired ceramic units

at North 24 Parganas were contributing significantly towards atmospheric pollution in the

cities of Kolkata and Howrah. Though such units consume only 4 per cent of total coal

consumed by the industrial units, their contribution towards air pollutants is around 30 per

cent. These units, running with old technology, discharge huge emission. In most cases,

PCS adopted by them are inadequate to meet the standards fixed for different groups of

industries. Another problem in this sector is to keep the PCS idle to save recurring

expenditure on electricity. A good number of such units were running without consent and

without adopting any PCS (Appendix 26). The use of furnace oil fired heating systems in

different industries also contribute greatly to increasing SO2 levels in the city air. However,

neither the Department nor the Board formulated any programme for monitoring and

corrective action for improving the pollution standards of such units. Government stated

(July 2001) that the units using small boiler, ceramic units and rolling mills were directed to

use cleaner fuel like oil, gas etc and Government would provide financial help for such

change in heating equipment.

(iv) Secondary Lead Smelting Units

About 31 units within KMA mostly use battery scraps and lead dross as raw material and

discharge flue gases containing lead which pollute the ambient air quality of the area. It was

seen from stack analysis reports that concentration of lead in the ambient air rose up to 9

times higher than the standard set for residential and sensitive areas. Concentration of lead in

the ambient air quality of working zone also was found up to 14 times higher than the set

standard.

Study undertaken by School of Environment Studies, Jadavpur University in 1995 revealed

that in and around Picnic Garden area in Kolkata the concentration of lead in the dust

collected from the roof tops varied from 30000 to 60000 micro- gram per gram of dust, in the

soil around the lead factory it varied from 1890 to 21330 micro-gram of lead per gram of soil

and in the sediment of the local ponds it was 6347 to 11380 micro-gram of lead per gram of

sediment.

Lead is especially harmful to the developing brain of foetuses and young children as children

absorb lead more readily. Blood lead levels as low as 10 micro-gram/decilitre are associated

with harmful effects on a child‟s learning process and behaviour.

The study by the George Foundation in 1999 disclosed that in Kolkata out of 294 children

below 12 years of age, 164 children (55.8 per cent) had blood lead level more than 10 micro-

gram/deci-litre and 55 children (18.7 per cent) had blood lead level more than 20 micro-

gram/deci-litre. Government stated (July 2001) that increased blood lead level in children


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was not only due to emission of lead from secondary lead smelting units but mainly due to

lead present in automobile exhaust gases. Now supply of unleaded (0.013 per cent gm of

lead/litre) petrol has been arranged in the State from February 2000.

B Durgapur-Asansol Industrial Zone

About 1213 industrial units (Red-693, Orange-440 and Green-80) are located here and

Durgapur town have been identified by CPCB as critically polluted zone. Besides coal mines,

several chemical, steel and ancillary industries and Thermal Power Stations are the major

contributors of air pollution. Pollution status of steel plants are as under:

(i) Durgapur Steel Plant

The industry, engaged in production of steel materials, consistently failed to maintain

pollution standards. The report on the surprise check conducted by a team led by

Adviser to the Ministry of Environment and Forests, Government of India disclosed that in

May 1999, fugitive emission from coke oven and sintering plant was not working and

leakage through door, lid and off take points were much beyond the standard. Monthly

inspection reports by the Board for 1999 and 2000 revealed that stack emissions were all

along unsatisfactory. Concentration of SPM, SO2 and NO2 in the ambient air was also

much higher than the standard set for residential areas. Government stated (July 2001) that

directions had been issued for compliance with emission norms by 31 December 2001.

(ii) Indian Iron and Steel Company, Burnpur and Kulti units

The Burnpur unit of Indian Iron and Steel Company (IISCO) engaged in production of

different steel materials all along failed to meet emission standards during 1999 and 2000.

Concentration of SPM, NO2 and SO2 in ambient air was also higher than the standard

set for residential areas. Similar was the case of Kulti unit. Here also concentration of

SPM in September 2000 was 988.32 mg/Nm3 against permissible limit of 150 mg/ Nm3 and

SO2 ranged between 391 to 578.5 mg/Nm3 (October-November 1999) against permissible

limit of 300 mg/Nm3. Government stated (July 2001) that the company was directed to take

steps for compliance with the pollution norms.

C Haldia-Bankura-Purulia Industrial Zone

This zone, particularly Haldia, is a fast developing industrial area where several chemical

manufacturing units and thermal power plants are major sources of pollution. About 509

units (red-252, orange-189 and green-68) are located in this area. There was a severe public

agitation (July 2000) against a chemical company (Hind Chemicals Limited) for discharging

toxic gaseous effluents that caused destructions of agricultural products. Pollution status of

some of the units are as under:

(i) Thermal Power Stations


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Both Kolaghat Thermal Power Station (KTPS) and Santaldih Thermal Power Station (STPS)

were operating in this zone with shorter stack heights and consistently failed to maintain

pollution standards. Concentration of SPM in Stack emission of KTPS ranged between

10647 mg/Nm3 (6998 per cent) and 16301 mg/Nm3 (10767 per cent) during July 2000 against

permissible limit of 150 mg/Nm3 while the same for STPS ranged between 712.56 mg/NM3

(375 per cent) and 9495 mg/NM3 (6230 per cent) during 1999 and 2000. Ash ponds at

KTPS were inadequate and frequent overflowing of ash slurry resulted in deterioration of

water quality and siltation of the recipient water bodies (Medinipur and Denun Canal).

There were several complaints from the public for degradation of water quality, which was

being used for agricultural purposes. Surprise check by CPCB in STPS revealed that the ash

ponds were filled up and ash slurry were being discharged in Kadma river. Government

stated (July 2001) that KTPS submitted an action plan for upgradation of its PCS by 2003.

D. Siliguri-Jalpaiguri Industrial Zone

Teesta Agro Industries

The unit falling under grossly polluting category was engaged in production of super

phosphate and sulfuric acid (H2SO4). In the process of production of H2SO4, sulfur is burnt

in the air resulting in huge emission of SO2. Considering the pollution potential, this type of

industry is not allowed to operate in residential areas. The unit, however, started its business

in the residential area of Rajgunj in Jalpaiguri district since January 1991 in the name of

Sundarban Fertilisers Limited for production of single super phosphate and was

renamed as Teesta Agro Industries in 1995 and started production of H2SO4 without

obtaining NOC from the Board. On the basis of several public complaints the Board

conducted an inspection (28 September 1999) and found that the unit was operating without

any valid permission from the Board and without adopting any pollution control system. In

February 2000 the unit for the first time applied for consent to operate which was granted in

June 2000 with the condition to complete the PCS within December 2000. The bank

guarantee for Rs 1 lakh submitted by the unit for maintaining time bound programme for

installation of PCS expired in March 2001 and was not renewed though the installation

was not completed.

Scrutiny revealed that the unit was discharging SO2 beyond permissible limit (150

mg/Nm3) ranging between 972.6 mg/Nm3 to 1291.5 mg/Nm3. Government stated (July

2001) that as the unit complied with load based standard of 4 Kg per ton, the Bank

Guarantee was released (May 2001). Action taken by the Board is not tenable as the unit

even while complying with load based standard, failed to comply with the concentration

based standard of 150 mg/NM3.

3.2.10 Ambient air quality monitoring

The Board monitored ambient air quality in eight district towns during the period from

December 1999 to March 2000 (Appendix 27). Scrutiny revealed that SPM in all cases and


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NO2 in most of the cases exceeded the standard. Strangely, the annual average

concentration of SO2 and NO2 in Kolkata was however within the national standard (60

µg/M3 both for SO2 and NO2). Though annual average concentration of NO2 was within

the permissible limit, during peak hours it was alarming. During a survey conducted by the

Board (January 2000) to assess the level of exposure to air pollution during journey through

major traffic corridors of the city, concentration of NO2 inside the car was found to be 171

µg/m3. The air quality of Kolkata (Appendix 28) had been significantly altered during

the last decades due to severe air pollution. The annual average concentration of SPM and

Respirable Particulate Matter (RPM) was much higher than the national standards for

residential areas (140 µg/M3 for SPM and 60 µg/M3 for RPM). The monthly average of

hourly mean concentration of O3 measured in the noon hours during 1999 was between

129 µg/M3 and 315 µg/M3 which was higher than WHO‟s permissible limit. The monthly

average concentration of CO during 1999 ranged between 3500 µg/M3

and 6500 µg/M3

against national standard of 2000 µg/M3. During winter season 10 percent of Kolkata‟s PM

contained Benzene Soluble Organic Fraction. This fraction is rich in some of the

carcinogenic compounds like benza-a-pyrene and other polycyclic aromatic hydrocarbon

compounds.

3.2.11 Impact of Air pollutants on human health

The Board never conducted any comprehensive study to assess the impact of air pollutants

on human health. As per WHO estimate based on air quality of Kolkata during 1995-96, pre-

mature death and hospitalisation and sickness requiring medical assistance due to air

pollution in Kolkata were 0.11 lakh and 55 lakh respectively.

Alveolar Macrophage (AM) count in sputum is an indicator reflecting the lungs tissue

reaction to the inhaled pollution. In 1995-96 the Department sponsored a study to assess the

direct health effects due to air pollution in Kolkata, the AM response of the selected people

of Kolkata and that of a control group chosen from non-polluted areas. The study

revealed that Kolkata citizens had about 10 times AM in their sputum compared to the

control group. Moreover presence of iron in AM of the study group was much higher than

that of the control group. According to the study, accumulation of iron in AM was due to

secretion of blood from lungs. The study also indicated that while only 14 per cent of rural

children suffered from cold in winter, 46 per cent of children in Kolkata suffered from

different lung diseases. Genetic changes in AM cells were also noticed. Government stated

(July 2001) that the study improved the understanding as to how air pollution affects

respiratory system of human beings and several measures had been taken for controlling

vehicular emission by introducing stringent standard in automobile engines and fuel.

3.2.14 Environment Audit Report (EAR)

Submission of EAR by 31 May each year is mandatory for the units falling under any of the

prescribed 17 categories of industries. Scrutiny revealed that time limit for submission was not maintained and those were submitted along with the consent applications only. Board did not make any effective use of the EARs for assessment of extent of pollution and its


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impact on human health and environment. Thus, an important control mechanism remained non-operational.


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Audit of Environmental Act and Rules relating to air pollution in Orissa

Review of implementation of environmental acts and rules relating to air pollution and

waste management in the State revealed that the enforcement of provisions of the

relevant Acts was weak. Industrial solid waste generated from Rourkela Steel Plant,

Talcher Thermal Power Station, Captive Power Plant (CPPs) of National Aluminium

Company Limited and solid waste arising out of mining activities at the Sukinda Valley

posed potential threat to environment in the State. Orissa Pollution Control Board

(OPCB) the agency responsible for enforcement of relevant provisions of Acts did not

take appropriate follow up action on the above. The system existing in major towns and

cities of the State for disposal of Municipal Solid Waste (MSW) was unsatisfactory. No

effective action was taken by OPCB to bring the Urban Local Bodies (ULBs) under its

administration as required under the Act.

Highlights

12 air polluting industries continued their operations despite notification issued by government for

establishment of facilities to control air pollution and continued discharge of air pollution load in

excess of the prescribed standard. (Paragraph 3.1.5.1)

91 stone crushing units were not brought under consent administration of OPCB under Air Act as of

31 March 2001. (Paragraph 3.1.5.2)

OPCB failed to tackle chromium VI pollution caused by mining activities in Sukinda valley area.

(Paragraph 3.1.5.4)

3.1.1 Introduction

Orissa Pollution Control Board (OPCB) was constituted with effect from 15 July 1983

after the Orissa Legislative Assembly adopted Water (Prevention & Control of Pollution)

Act, 1974 and Air Act, 1981. The function of the Board is defined in the Water and Air

Act and can broadly be classified into three main categories i.e. (i) Enforcement (ii)

Advisory and (iii) Monitoring, Research, Creation of Public Awareness etc. Subsequently,

Environment (Protection) Act, 1986 (EP Act) was enacted wherein OPCB has been

delegated with wide variety of responsibilities. Mention was made in para 3.2 of the

Report of the Comptroller and Auditor General of India for the year ended 31 March

2000 regarding implementation of Environmental Acts and Rules for water pollution in the

State. The present review deals with air pollution and waste management.State Government

in consultation with OPCB notified between 1984 and 1993. Air Pollution Control Areas

in terms of higher concentration of Suspended Particulate Matter (SPM) mainly owing to

construction and mining activities.

3.1.2 Organisational Set-up

The Forest and Environment (Environment) Department, Government of Orissa is the nodal

agency in the State for the protection of the environment. OPCB in co-ordination with the

Environment Department is responsible for enforcement of various provisions of


110

Environmental Acts and Rules for prevention and control of air and water pollution in the

State.


Implementation of the Provisions of Environmental Acts and Rules relating to air

pollution and waste management (Industrial, urban bio-medical and hazardous wastes) was

test checked from the records of OPCB, various Government Departments like Environment,

Housing and Urban Development, Industries, Health and Family Welfare and ULBs Puri,

Cuttack and Bhubaneswar, Chief District Medical Officers -Puri, Cuttack and Sambalpur,

SCB Medical College and Hospital, Cuttack V.S.S Medical College and Hospital, Burla,

Ayurvedic College and Hospital, Puri and State Transport Authority, Cuttack for a period

of five years 1996-97 to 2000-01.

3.1.4 Financial outlay and expenditure

Financial resources of OPCB comprised grants from State Government, financial assistance

from Central Pollution Control Board (CPCB), reimbursement of water cess from Central

Government and consent fees and other receipts. Financial outlay and expenditure of the

Board during the years 1996-97 to 2000-01 was as under:

(Rupees in lakh)

Year Openi

ng

balanc

e

Grant

s from

State

Govt.

Grant

s from

GOI.

Water

cess

reimburs

- ement

Consent

fees and

other

receipts.

Total Expen

di

-ture

durin

g the

year

Closi

ng

balan

ce

Percen

t- age

of

availab

le

balanc

e

1996-

97

349.11 12.93 3.75 134.00 106.34 606.1

3

194.4

9

411.6

4

67.91

1997-

98

411.64 8.00 26.45 114.25 120.70 681.0

4

225.4

7

455.5

7

66.89

1998-

99

455.57 7.00 26.85 147.65 160.74 797.8

1

287.7

4

510.0

7

63.93

1999-

2000

510.07 8.05 51.98 90.96 138.82 799.8

8

302.4

0

497.4

8

62.19

2000-

01

497.48 8.40 27.36 87.20 177.12 797.5

6

301.7

8

495.7

8

62.16

Total - 44.38 136.3

9

574.06 703.72 3682.

42

1311.

88

- -

It would be seen that the percentage of unspent funds ranged from 62.16 to 67.91 of

total fund available during the respective years. However, included in unspent balances were

amounts of Rs.26.09 lakh which comprised funds received from CPCB between 1993-94 and

2000-01 towards reimbursement assistance for operation of seven National Ambient Air

quality monitoring stations in the State (Rs.19.42 lakh) and closing balances of 5

inoperative/closed schemes (Rs.6.67 lakh) which had neither been refunded nor utilised

but incorrectly taken as 'income' in the books of accounts. Government, however, stated


111

(September 2001) that out of unspent balance of Rs.6.67 lakh pertaining to

inoperative/closed schemes, Rs.4.28 lakh had been spent after 31 March 2001 in respect

of the schemes, „Assessment of water and Soil quality in cyclone affected areas of Orissa‟

and that the OPCB agreed to refund closing balances in respect of two other closed schemes

i.e. „Zoning Atlas for siting industries‟ and „Industrial Estate Planning‟ to CPCB.

3.1.5 Setting of standards and compliances thereto

Pollutant agencies were required to control /treat their emission/waste upto standard as

prescribed by OPCB/CPCB under the Air Act, 1981, EP Act, 1986 and Rules and

provisions made thereunder and also as per Motor Vehicles Acts and Rules. Section 21 of

Air Act, 1981 requires consent from Board for establishment or operation of an Industrial

Plant in Air Pollution Control Areas and in respect of existing Industries operating in an air

pollution control area immediately before commencement of Section 9 of the Air

Amendment Act 1987 (47 of 1987) application for consent will have to made within 3

months. OPCB is the prescribed authority for enforcement of Bio-medical waste

management Rules, Municipal Solid Waste (MSW) Management Rules and Hazardous

waste management Rules under EP Act through issue of authorisation to occupiers

(Industries/Institution) and local bodies for setting up of waste prevention system including

disposal facilities after proper examination and stipulating compliance criteria and

standards as specified in the rules.

3.1.5.1 Air Pollution by Industries where delay in compliances to standards exceeded 8

years

According to the GOI Notification (February 1992), any industry, operation or process

which had commenced production on or before 16 March 1981 and had shown

adequate proof of at least commencement of physical work for establishment of facilities

was to meet the standards by 31 March 1993. Similarly, any industry, operation or process,

which had commenced production after 16 May 1981 but before 31 December 1991

would comply with such standards latest by 31 December 1993. It was however, noticed

that in violation of the Government Notification, 12 highly air polluting industries in the

State vide Appendix-XVIII continued their operation or production till March 2001 even

though pollution load discharged to the environment exceeded the prescribed standards

since their inception/more than 8 years.

(i) In case of Talcher Thermal Power Station OPCB filed two cases under Water and Air

Act, on 31 December 1991 in the Court of SDJM, Bhubaneswar for non-compliance to

consent conditions which were still pending for hearing. No directions such as closure,

prohibition etc. were issued under Section 33 -A and 31- A of the Water and Air Act

respectively either by OPCB or by the Government so far.

(ii) In Rourkela Steel Plant (RSP), consent for operation of integrated steel plant was

refused in 1998 by OPCB under Air Act. The industry was operating without consent under

Air Act even though the discharge of emission of load was in excess of prescribed standard


112

from its Fertiliser plant and captive power plant. No further action was taken by OPCB

even though it could have issued closure notice under 31A of Air Act for RSP's fertiliser and

captive power plant.

(iii) M/s Oswal Chemicals and Fertilisers Limited. was granted consent upto 31 March 2000

by OPCB. But the industry operated beyond 31 March 2001 without consent even though

GOI issued direction to it for non- compliance U/S 5 of EP Act, 1986 on 27 July 2000.

Government stated (September 2001) that OPCB filed a case against the industry on 17

March 2001 in the court of SDJM, Jagatsinghpur and issued directions for closure under

31(A) of Air Act in May 2001. However, the industry continued its operation discharging

pollution load to the environment in violation of direction of OPCB. The remaining nine

industries continued discharging pollution load to the environment in excess of prescribed

standards. OPCB failed to take any penal action against them even though they were under

its administration.

3.1.5.2 Operation of stone crushers without complying with location criteria and

consent condition

514 stone crushing units were identified in the State by OPCB upto May 1999 as polluting

industries. Labour and Welfare Department restricted (August 1995 their location within

certain parameters. As most of the units did not follow the location criteria, nor adopt

required pollution control devices, OPCB in May 1999 sent detailed inventorised list to the

Government advising them to issue instructions to the stone crushers for re-locating their

units etc. satisfying the pollution norms under the EP Act. OPCB stated in August 2001

that due to limited and inadequate fund position it was not possible for them to handle cases

of inspection and monitoring. This was not acceptable, as there were substantial savings

each year during 1996-2001 with reference to budget provisions.

Ninety one stone crushing units located in the Air pollution control zone (Bhubaneswar

Development Area- 27, Angul -Talcher Development Area- 16, Rourkela Industrial

Development Area-39, Greater Sambalpur Improvement Trust- 9) could not be brought

under the consent administration of OPCB under Air Act, 1981 till the end of March 2001

and none of these followed the location criteria and possessed pollution control devices.

Ambient Air quality monitoring conducted for different stone crushers in Angul- Talcher

Development Area showed SPM level between 900 to 8000 mg/nm3 against prescribed

standard of 600 mg/nm3. Similarly, average concentration of SPM at 10m distance from

a cluster of Stone Crushers in Bhubaneswar was 2091 mg/nm3 against prescribed

standard of 600 mg/nm3.

Thus, both OPCB and Environment Department failed to enforce the Act and Rules and

to take penal action against the defaulting Stone Crushers.

Government stated (September 2001) that Environment Department as well as OPCB had

taken steps and were continuing to issue show cause notice and followed it up with closure

notices along with disconnection of electric supply to stone crushing units violating the

pollution norms. However no specific case has been cited in support of the reply and the


113

Board failed to take effective measures of imposing penalty and imprisonment as envisaged

in Section 39 of Air Act 1981.

3.1.5.3 Increase of Air Pollution at Talcher and Jharsuguda Coal Field

Areas - Mahanadi Coal Fields Limited (MCL)

Audit scrutiny revealed that out of 11 open cast mines (Jharsuguda-5 and Talcher-6), 3

units at Jharsuguda area (Samaleswari, Belpahar and Lijkura) and 5 at Talcher area

(Kalinga, Bharatpur, Ananta, Jagannath and Balada) were operating without complying

with consent conditions and non-operation of air pollution control measures such as dust

extraction system in their Coal Handling Plant. OPCB failed to take penal action under

Section 31 A of the Air Act, 1981.

Air quality-monitoring results of industrial (Mining) and residential (village) areas

adjacent to MCL Coal Fields, Talcher revealed high degree of SPM ranging between 408

and 575 in industrial areas and 311 to 468 in residential areas.

Monitoring results (one time monitoring) of OPCB at Talcher by pass Chowk in 1999-

2000 showed that SPM concentrations in the morning and evening hours was as high as

1032 and 2554 mg/nm3 (24 hours average) which were attributed by OPCB to mining

activities.

Government stated (September 2001) that most of the mines had adequate pollution

control measures and violations observed were temporary in nature which could be

redressed with better management and it was not considered necessary to invoke the

provision of Section 31 A of Air Act. The reply was not tenable since the mines were

allowed to continue without consent even though ambient air quality in respect of SPM did

not meet the prescribed standard.

3.1.5.4 Failure of OPCB/Government to tackle chromium pollution at Sukinda Valley

Sukinda valley of Jajpur district had been witnessing Chromium VI pollution in its air,

land and water due to twelve operating chromite mines. About 7.6 million tonne of

overburden (reject) containing 0.7% nickel was dumped in the valley releasing 11.73 T of

Chromium VI in the environment every year.

By March 1999, about 97.08 MT Nickliferrous overburden was dumped at the dumping site

of four operating mines which affected the water quality of river Damasella as well ground

water. Besides, there were many abandoned quarries and rehabilitated dumps containing

huge quantity of overburden (actual quantity not ascertained) posing constant threat to the

environment. It was seen that water sprinkler methods used in most of the mines were

inadequate to control dust emission. Despite impact on air quality, no norms had been

suggested by OPCB to be complied with by the mines. Clean technologies required to be

adopted by the miners for control of Chromium-VI pollution was not recommended either

by OPCB or by the State Government, neither were methods of disposal of chromium

waste suggested.

Although OPCB had identified the nature and magnitude of Chromium VI pollution


114

generated at Sukinda valley and apprised Government in May 2000 for conducting an

environmental study and preparation of action plan including formulation of overburden

rehabilitation strategy for abatement of Chromium–VI pollution, nothing had been done

so far. Government stated (April 2001) that the proposal was under examination for

submission to financial institutions for funds. Thus, Sukinda valley continued witnessing

Chromium–VI pollution in its environment with no respite.

Government admitted (September 2001) that no standard was prescribed for Chromium-VI

for ambient air quality and as such there was no evidence of hexavalent chromium

pollution in air in Sukinda valley. They further stated that since the problem of

hexavalent chromium was unique to Sukinda Valley and was gigantic, extremely complex

and required multi disciplinary approach for its solution, it was not within the means and

purview of the Board to solve it.

The reply was not tenable since the Government did not take up the matter with

CPCB/ Ministry of Environment and Forest to prescribe the standard of chromium for

monitoring the ambient air quality of Sukinda Valley.


(i) Inadequate Monitoring & Non-installation of Laboratories

State Transport Department (STA) was directly responsible for implementation of vehicular

(MV) Acts and Rules. As per Rule 115 of MV Rules 1993, idling CO (Carbon Monoxide)

emission limits prescribed by STA for 2-3 wheeled petrol driven vehicles and four wheeled

petrol driven vehicles by volume were 4.5 per cent and 3 per cent respectively. OPCB was

responsible for formulation of standards, assessment, monitoring and control of air

pollution as per Air Act and EP Act.

In Orissa, a number of private service stations were authorised by STA during 1995-96 to

2000-2001 for routine check of vehicular emission and issuing certificate under MV Rules.

The STA was also advised (December 1996 and June 1998) by OPCB for setting up

vehicular pollution control laboratories to facilitate cross checking of calibration of testing

instruments of authorised testing stations.

Besides, surprise checks of vehicles on roads by expert monitoring team attached to each

laboratory were to be conducted. But no such laboratories were set up and no surprise

checks conducted. Thus, monitoring and control of vehicle emission norms were non-

existent.

(ii) High concentration of lead in Rourkela from vehicular sources

High concentration of lead was found on the road side vegetation in 1997-98 (one time

monitoring) at Panposh (53 to 512 mg/gm dry wt), Bisra Chowk (56 to 656 mg/gm dry

wt) and traffic tower area (62 to 468 mg/gm dry wt) in and around Rourkela Industrial

Town which indicated that live stock were at risk from lead pollution from automobile

sources. In the same year lead concentration in the ambient air of Panposh, Ambagan and

Uditnagar areas of Rourkela was 9.507, 5.283 and 5.570 mg/M3 respectively against


115

permissible limit of 1.5 M3.

Conclusion

Due to lack of enforcement of provisions of the Environmental Acts and the Rules

thereunder pertaining to Air Pollution and waste Management there was increase in air

pollution in the vulnerable areas of the State. Further, failure of OPCB to bring ULBs under

its authorisation administration under EP Act and rules made thereunder led to haphazard

and indiscriminate disposal of MSW. There were instances noticed of delays in compliance

to standards, failure to tackle chromium pollution and inadequate monitoring. OPCB had

sufficient powers under various Sections particularly those of closure under 31 A and

imposition of penalty and imprisonment under Section 39 but had not enforced them.

Government reply on various aspects of non-implementation revolved around lack of

infrastructure and funds. However, this is to be seen in the background of consistent

savings in OPCB's budget year after year.


116

Environmental Acts and Rules relating to Air Pollution in M i zo r a m

Highlights

Despite its existence since 1989, the Mizoram Pollution Control Board has remained

ineffective and has not been able to plan, control, study and prevent the effects of

environmental pollution. This was mainly due to non- utilisation of funds made available

to it, lack of technical/scientific manpower, non-functioning of its laboratories and the

non-involvement of Non-Government Organisations (NGOs) for creating mass

awareness on issues concerning pollution. Some of the major findings are highlighted

below :

The Board had not prepared its Annual Accounts since its creation in 1989 or its Annual

Reports for presentation to the Legislature. (Paragraph 3.3.6)

Out of Central assistance of Rs.97.73 lakh provided, Rs.55 lakh was surrendered (31 March 2001),

Rs.15.10 lakh remained unutilised and Central funds of Rs.5.36 lakh was unauthorisedly diverted

by the Board. (Paragraphs 3.3.8 & 3.3.9)

Out of Rs.43.90 lakh provided by Government of India (GOI), for setting up of two laboratories,

the Board utilised Rs.28.42 lakh for partial procurement of instruments thus making the

laboratories non-functional. (Paragraph 3.3.16)

Though an expenditure of Rs.58.25 lakh was incurred by the Board on pay & allowances, it

virtually remained non-functional since its creation, as there were inadequate technical/scientific

manpower to implement the provisions of Acts and Rules relating to prevention and control of

pollution. (Paragraph 3.3.25)

Introduction

3.3.1 For the prevention, abatement and control of air pollution, the Indian Parliament

enacted (March 1981) the Air (Prevention & Control of Pollution) Act 1981. The

Environment (Protection) Act, an umbrella Act which was more comprehensive and covering the specific and general provisions relating to pollution of the environment

including the management of hazardous, bio-medical and solid waste, was enacted by Parliament in May 1986. The Bio-Medical Waste (Management and Handling) (BMWMH)

Rules were drawn up by the GOI and came into effect from July 1998. The Acts and

Rules are applicable throughout the country.

3.3.2 The Mizoram Pollution Control Board (Board) was constituted by the Government of

Mizoram in September 1989 pursuant to the Central Acts. The Board is responsible for compliance to the Central Acts and Rules and is principally concerned with laying down

standards, planning and execution of programmes for prevention, control and abatement of pollution in the State.

Organisational set-up

3.3.3 The organisation structure of the Board is detailed below :


117

Chart 3.3

Audit coverage

3.3.4 The records relating to the receipts and expenditure of the Board for the periods

from 1996-1997 to 2000-2001 were checked cent per cent. Enforcement and implementation of

the Environment Acts and Rules was reviewed in audit through test check of the records of the Board and the Departments of Health and Family Welfare, Transport, Animal

Husbandry & Veterinary, Industries and Local Administration Department.

Finance & Accounts and Annual Report

3.3.5 The source of funds of the Board consists of grants-in-aid from the state

government to meet its Non-Plan expenditure and financial assistance from the Central Pollution Control Board (CPCB).

Non-preparation of accounts by the Board since its constitution

3.3.6 The Board has not prepared its accounts since its constitution (1989) and thereby

violated the provisions of the Acts. The Board is also required to prepare an Annual Report

giving full account of its activities during the previous financial year and forward a copy of the same to the state

government within four months from the end of the previous financial year so that the report can be laid before the State Legislature within a period of nine months from the end of the previous financial year. The Board had not prepared any Annual Report during the period

from 1996-1997 to 2000-2001 and its functioning was therefore kept out of the purview of the Legislature.

3.3.7 The overall position of Budget allotment and expenditure during the years 1996-


118

1997 to 2000-2001 based on information furnished by the Board is shown below:

Table 3.17

Year

Budget allotment

Expenditure

Savings (-) Excess

(+)

State Central State Central State Central

( Rupees in lakh )

Opening

Balance

-- 0.08*

1996-1997 10.00 14.25 10.00 0.25 Nil (-) 14.00

1997-1998 8.00 0.90 8.00 9.85 Nil (+) 8.95

1998-1999 5.75 14.25 5.75 7.00 Nil (-) 7.25

1999-2000 10.00 5.25 10.00 9.08 Nil (+) 3.83

2000-2001 8.00 63.00 8.00 1.45 Nil (-) 61.55

Total 41.75 97.73 41.75 27.63 Nil (-) 70.10

3.3.8 Of the total available Central funds of Rs.97.73 lakh pertaining to the period 1996-

1997 to 2000-2001, the Board could utilise only 28 per cent of the same as of March 2001.

Out of the savings of Rs.70.10 lakh, Rs.55 lakh released (September 2000) to the Board for

providing facilities for management of Bio-medical waste at Civil Hospital, Aizawl was

surrendered in March 2001. As on 31 March 2001, the Board had an unspent balance of

Rs.15.10 lakh.

Diversion of funds

3.3.9 The total expenditure of Rs.27.63 lakh out of Central funds included Rs.0.66 lakh

being the payment of staff salary, rent of office building, etc., relating to the year 1998-1999,

which has not been recouped by the Board from the state government. Similarly, an

expenditure of Rs.4.70 lakh relating to the year 1994-1995 met out of Central funds

towards payment of staff salary, etc., was awaiting recoupment as of March 2001. The

Board had diverted Central funds made available to it for payment of staff salaries (Rs.5.36

lakh) which otherwise should have been met by the state government.

Year

Received from G.O.I

Expenditure

(Rupees in lakh)

1992-93 5.00 --

1993-94 2.40 2.28

1994-95 -- 5.02

1995-96 1.00 1.02

Total 8.40 8.32

Balance (Rs.8.40 lakh – Rs.8.32 lakh) = Rs.0.08 lakh.


119

Compliance aspects

Inadequate number of meetings of the Board

3.3.10 The Board is required to meet at least once every three months. During the period

1996-1997 to 2000-2001, the Board was due to have held 20 meetings but met only on 8

occasions. The attendance of members in these meetings was also very irregular. The Board

thus did not function effectively.

Control of Industrial Pollution

3.3.11 For prevention and control of industrial pollution, the Board has to exercise its

power, to grant or refuse „No Objection Certificate‟ (NOC) for establishing new industry or

industries and to consent to allow all the existing industries to operate by ensuring that the

industries do not exceed the limit of pollution standards fixed from time to time by it.

3.3.12 As per information supplied by the Board it was seen that between September

1991 and March 2001 the Board had issued 25 NOCs for setting up different types of new

industries at different places in the state.

3.3.13 The Industries Department informed that there were 5496 industries of various

categories operating in the state. The Board did not have an account to show if consent had

been given to these industries to continue to operate.

Non-framing of rules under Water and Air Acts

3.3.14 Two draft Rules under the Water and Air Acts framed by the Board and submitted

(July 1991) to the state government for approval were returned to it (May 1995) for

redrafting. The redrafted Water Rules were re-submitted (January 1996) but are still awaiting

government‟s approval (May 2001). The Board is yet to take action to redraft the Air

Rules (June 2001). Lack of prompt action by the government and the Board did not allow

the latter to discharge its statutory functions.

Diversion of Funds

3.3.15 For establishment of a Central Laboratory (CL) and a Mobile Monitoring Laboratory

(MML) to support the CL, the CPCB provided Rs.35.90 lakh during the period 1992-1993 to

1997-1998 to the Board. Out of this amount, the Board spent Rs.28.42 lakh for procurement

of equipment for the CL and MML, a van, diverted Rs.4.70 lakh in 1994- 1995 to meet

Non-Plan expenditure (yet to be recouped from the Development Commissioner,

Government of Mizoram) leaving an unutilised amount of Rs.2.78 lakh (June 2001).

Non-utilisation of Funds

3.3.16 For strengthening both the laboratories, the CPCB had released additional funds of

Rs.8 lakh (March 2000) to the Board but this amount was not utilized (June 2001). Partial

utilisation of funds available led to the non- operation and equipping of both the laboratories

and an idle investment of Rs.28.42 lakh.

Vehicular Pollution Control


120

3.3.17 As per information furnished (May 2001) by the Commissioner of Transport, the

total vehicular population of Mizoram as of 31 March 2001 was 26,239 consisting of

23,247 petrol-driven and 2,992 diesel-driven vehicles. The Board stated (May 2001) that

the Transport authorities were requested to enforce the provisions of the Act but has not

issued necessary guidelines nor laid down standards for emission of air pollutants into the

atmosphere by automobiles. From a report dated 14 May 1997 of the Chairman, it was

noticed that the level of auto-exhaust emission in respect of only 74 diesel driven buses that

had been tested by the Transport Department till date (June 2001), 61 per cent of these had

exceeded permissible standards of emission of pollutants. The Transport Department was

advised by the Board to take corrective action but information of compliance was not

available on record.

Non-availability of equipment and technical personnel to control noise pollution

3.3.18 The Board in its meeting of 30 May 1990 entrusted the responsibility of

investigation of noise pollution in Aizawl town and collection of data thereon, to the

Scientific Officer (SO), Department of Science and Technology. Though the SO has not

furnished his investigation report no inquiries were made by the Board on the progress of

work. Only after seven years the Board in its meeting of 20 December 1997 observed that it

could not exercise its power for monitoring and control of noise/sound pollution for

want of necessary equipment and absence of suitable technical personnel. The Board has

failed to control noise/sound pollution in the state.

Non-setting up of Ambient Air Quality Monitoring Station

3.3.19 Minutes of the Board‟s meetings of February 1991 and May 1992 indicated that

a decision had been taken by the CPCB to set-up two Ambient Air Quality Monitoring

Stations at Aizawl. Till date (June 2001) these stations had not been set up and this was

because the Board did not follow up on the proposal. Surprisingly, the Board in its

meeting held in September

1998, observed that ambient air quality in Mizoram was being adversely affected by

vehicular emission, pollutants from other sources and also due to rapid deforestation but did

not refer to its earlier Minutes or cause to inquire as to why the Ambient Air Quality

Monitoring Stations were not set-up.

Monitoring and evaluation

3.3.27 The Board has not developed any mechanism to monitor or to evaluate the

compliance of the provisions of the Acts and Rules, as it did not have the required scientific

and technical officials. The inaction of the Government was also instrumental in not

allowing the Board to discharge its statutory functions.

3.3.28 The foregoing points were reported to the Government in August 2001; their reply has

not been received (December 2001).

Recommendations

3.3.29 The Board has to immediately take steps to strengthen its technical and scientific wing


121

so that the Acts and Rules concerning pollution are implemented in the State.

The Board may like to review the need to freeze the recruitment of other officials.

The Board may like to interact more closely with the state government and the CPCB.

The state government is required to ensure that funds made available to the Board are utilized

efficiently and not surrendered.

The government must take steps to ensure that the Water and Air Rules are examined and

approved at the earliest.

The government must take immediate action to appoint the prescribed authority and also to

constitute an Advisory Committee under the BMWMH Rules, 1998.


122

Performance audit of Environmental acts and rules relating to Air pollution, Punjab.

Environmental Acts and Rules relating to Air Pollution and Waste Management

Highlights

Implementation of the provisions of the "Air (Prevention and Control of Pollution) Act,

1981" and the "Environment (Protection) Act, 1986” and implementation of Rules made

thereunder with regard to Air Pollution, Hazardous Waste, Bio Medical Waste and Solid

Waste was not satisfactory. The Punjab Pollution Control Board did not frame any

comprehensive programme for prevention, control and abatement of air pollution.

Pollution caused by industries, thermal power plants and vehicles remained grossly

unchecked in the absence of effective monitoring by the Board.

Out of Rs. 76.85 crore available, Rs. 37.34 crore remained unspent during 1996-2002. 5 schemes

remained unimplemented during Ninth Five Year Plan despite availability of funds. (Paragraph

6.1.4)

Comprehensive Programme for the prevention, control and abatement of air pollution although

mandatory under the provisions of Air Act was not prepared by the Board. (Paragraph 6.1.5.1)

The Board identified 8,406 industrial units as air polluting. These units were required to apply for

'consent' from the Board to operate. Of these, only 2,935 units (35 per cent) applied for consent and

remaining 5,471 units (65 per cent) were running without consent. Even out of 2,935 units, 2,015

(24 per cent) were granted consent and the remaining 920 units were either refused consent or their

applications were under process. (Paragraph 6.1.6(i))

3,416 units out of 8088 did not install Air Pollution Control Devices. (Paragraph 6.1.6(ii))

For 29.10 lakh vehicles in the State, only 187 Pollution Check Centres were authorised by the State

Transport Authority. As per study conducted in Ludhiana, 74 per cent three wheelers, 91 per

cent buses and 97 per cent trucks did not meet the prescribed smoke emission standard. No

action was taken against the defaulters. (Paragraph 6.1.9)

6.1.1 Introduction

In the process of industrialisation and urbanisation, the environment is being contaminated,

damaged and destroyed which leads to air pollution apart from other effects. The increase in

air pollution attracted the attention of Central Government and the Parliament enacted the

Air (Prevention and Control of Pollution) Act, 1981 (Air Act) for prevention and control of

air pollution. In order to prevent and control air pollution and to manage and handle

different types of wastes viz. Hazardous Waste, Bio-Medical Waste and Municipal Solid

Waste, relevant rules under the Environment (Protection) Act, 1986 were framed in the

years 1989, 1998 and 2000 respectively.


The Principal Secretary to Government of Punjab, Science, Technology and Environment is

the administrative head in the Government. The Punjab Pollution Control Board (Board)


123

constituted in July 1975 was entrusted with the responsibility of implementing the Acts and

Rules relating to control of various types of pollution. The Board has 17 members

comprising of one Chairman, a full time Member Secretary, five official members

representing the State Government, five members nominated from local bodies, three non-

officials to represent the interests of agriculture, industry, trade, etc., and two members

representing Companies, Corporations, etc. The Board implements its programmes and

policies through 11 Regional offices.


A review of the activities of the Board relating to Air Pollution and Waste Management for

the period 1996-2001 was conducted during October 2001 to March 2002. Records of the

Board's office at Patiala and 5

out of 11 Regional offices, 23 out of 142 Municipal

Corporations/ Councils, Punjab Water Supply and Sewerage Board, State Transport

Commissioner, Secretary to Government of Punjab, Local Bodies Department and

Directorate of Local Bodies were test checked and points noticed are discussed in succeeding

paragraphs:

6.1.4 Financial Resources and Expenditure

The Board derives its income mainly from its share of water cess, consent fee, interest on

fixed deposits with banks and sample testing fee besides grants received from the Central and

State Governments. Separate accounts of receipts and payments relating to air pollution

and waste management were not kept. The financial position of the Board was as under:

(Rupees in crore)

S.N

o.

Particulars 1996-

97

1997-

98

1998-99 1999-2000 2000-01 2001-02

1. Unspent balance from

previous year

13.84 17.84 23.47 24.51 27.29 32.57

2. Grants received from

(i) State Government

(ii) Central Government

--

0.07

--

0.11

--

0.02

--

0.11

--

0.13

--

0.12

3. Share of water cess 3.35 3.49 3.46 3.13 4.35 3.90

4. Other Receipts 4.54 6.40 6.10 6.74 9.09 7.90

5. Total funds available 21.80 27.84 33.05 34.49 40.86 44.49

6. Expenditure

(Percentage of utilization)

3.96

(18%)

4.37

(16%)

8.54

(26%)

7.20

(21%)

8.29

(20%)

7.15

(16%)

7. Unspent balance 17.84 23.47 24.51 27.29 32.57 37.34

It would reveal that expenditure ranged between 16 and 26 per cent of the funds

available, which reflected tardy implementation of the various schemes/projects by the

Board. Of the total unspent balance of Rs.37.34 crore, Rs. 35.33 crore (95 per cent) was

invested in fixed deposit accounts. Further, five1 schemes costing Rs.2.72 crore which were

1 Hazardous Waste Management (Rs.95 lakh), Monitoring of ambient air quality of cities of Punjab (Rs.75 lakh),

Environment Impact Assessment Study of industries/focal points/industrial areas (Rs.30 lakh), Providing assistance to

District Transport Authorities to control vehicular pollution (Rs.35 lakh), Noise Pollution Control (Rs.37 lakh).


124

included in the Ninth

Five Year Plan remained unimplemented. The Board contended (February

2002) that in case unspent balance was also utilized, the total budget and functions of the

Board would crumble. The contention of the Board is not tenable because it is the

primary function of the Board to utilize available funds for the implementation of

projects/schemes rather than placing them in bank account by ignoring programme

implementation. In the context of huge unspent balances, Rs.2.72 crore meant for the

implementation of five schemes under the Ninth Five Year Plan (1997-2002) was not

released by the Government.

6.1.5 Air Pollution

6.1.5.1 Comprehensive programme not prepared

Section 17(i)(a) of the Air Act provides that the Board was to prepare and execute a

comprehensive programme for the prevention, control or abatement of air pollution. The

Board did not prepare any comprehensive programme and attributed (December 2001) it to

lack of adequate scientific and technical manpower. The reply was not tenable as the Board

failed to take timely action for filling 79 vacant posts which were eventually abolished by the

Government (November 2000) as these had remained vacant for more than 2 years ending

October 2000.

(i) Ambient Air Quality (AAQ)

The Government declared the whole of Punjab State as an air pollution control area in 1988

and sanctioned (1990) 25 Ambient Air Quality Monitoring (AAQM) stations against which

only 17 were set up by 1991-92 and only 11 AAQM stations were functional as on April

1997. In addition, 8 stations set up under National Ambient Air Quality Monitoring

Programme were also in operation. Although number of industrial units had increased

from 5,861 to 10,147 by 2000-01, no more AAQM stations were set up.

The Board stated (November 2001) that additional AAQM station could be set up only after

receipt of funds and manpower. The reply is not tenable as unspent funds were available

with the Board.

(ii) Under Section 16(2) (h) of the Air Act, Central Pollution Control Board laid down the

ambient air quality standards for residential, sensitive and industrial areas for various air

pollutants viz Suspended Particulate Matter (SPM) and Respirable Particulate Matter

(RPM).

These air quality standards in different locales were not monitored and were much higher

than the norms. In residential, rural and other areas, against the norm of 140ug/m3, it

ranged between 293ug/m3 and 548ug/m3and in respect of industrial areas against the

norms of 360ug/m3, it ranged between 323ug/m3 and 588ug/m3 in four cities (Appendix

XXXIV). Preventive measures taken to install Air Pollution Control Devices (APCDs) by all


125

industrial units discharging the emission of air pollutants were not adequate.

6.1.6 Consent Management

Under Section 21 of the Air Act, 1981, consent of the Board is required to establish or

operate any industrial plant in an air pollution control area. Sub Section 4 provides that the

Board can grant the consent applied for subject to conditions and for such period as may be

specified or refuse consent.

(i) Out of 10,147 industrial units as of March 2001, 8,406 (83 per cent) industrial units

were identified as air polluting and only 2,935 units had applied for consent. Of 2,935 units,

2,015 (24 per cent) were granted consent, 148 were refused consent and the remaining cases

were under process. The Board was also deprived of Rs.76.59 lakh due as consent fee from

5,471 units that did not apply for consent.

Although under Section 31-A of the Air Act, the Board was vested with coercive powers

such as restraining the units from operation etc., no action was taken. Thus, the consent

regime was ineffective.

(ii) Installation of Air Pollution Control Devices (APCDs)

As of March 2001, the Board had identified 8,088 industrial units requiring installation of

APCDs but only 4,672 had installed the device. For the remaining 3,416 (42 per cent) units,

no action was taken. The Board inspected APCDs of 2,328 units and noticed that 136 units

were emitting excess pollutants. Action against erring units had been initiated by the Board

and final outcome was awaited (March 2002).

(iii) 715 brick kilns, 37 cupola furnaces and 2 cement plants were granted consent without

testing of stack emission and the units were, thus, allowed to operate unchecked, causing air

pollution and health hazards to the public.

(iv) Guru Nanak Dev Thermal Power Plant at Bathinda was discharging chemical

emission in excess of the prescribed norms since 1987-88. The Board, however, granted

consent for one-year upto May 1992 and directed the plant authority to alter/ replace the

existing control devices. As per sample of August 2001, the emissions ranged between 348

and 416 mg/Nm3 against the norm of 150 mg/Nm3. No effective action was taken by the

Board to enforce its directions.

6.1.7 Targets and achievements

6.1.7.1 Shortfall in collection and testing of air samples

The targets fixed by the Board for collection and testing of air and stack samples and

achievements thereagainst were as under :

Perio

d

Ambient

Air

Stac

ks

Target Achieveme Percenta Target Achieveme Percenta


126

nt ge

shortfal

l

nt ge

shortfal

l

1996-

97

Not

fixed

14775 -

-

Not

fixed

1

8

2

-

-

1997-

98

20000 18806 6 1100 7

4

9

3

2

1998-

99

40000 19776 5

1

6

5

0

8

3

1

-

-

1999-

00

40000 35542 1

1

4

5

0

12

72

-

-

2000-

01

40000 36591 9 9

0

0

8

5

8

5

The Board attributed (November 2001) the shortfall to shortage of staff. The reply was not

tenable as the Board had no financial difficulties to recruit staff.

6.1.7.2 Periodical Inspection of Industries

The Board decided (July 1997) that RED category (viz. High polluting Industries) of small

scale industries would be inspected by the field staff at least once in 12 months and all

large and medium industries once in 6 months.

The inspections carried out and shortfall thereagainst were as under :

Year

Total

No. of

small

Industri

es of

RED

categ

ory

No.

of

unit

s

visit

ed

Perce

ntag

e

shor

tfall

Total

No.

of

large

and

medi

um

scale

indu

stries

Vi

sits

req

uire

d

. of

unit

s

visit

ed

Perce

ntag

e

shor

tfall

1997-

98

7006 2282 67 616 1232 431 65

1998-

99

7756 2843 63 632 1264 467 63

1999-

2000

8397 3113 63 652 1304 494 62

2000-

01

9058 3632 60 645 1290 497 61

The Board again expressed its inability to achieve the targets due to shortage of staff. The

reply was not tenable as the Board had no financial constraint to recruit more staff.

6.1.7.3 Prosecution under Air Act


127

Under Section 37 of the Air Act, the Board was empowered to launch prosecutions for

restraining the units which engendered pollution. During 1996-2001, 250 prosecutions

were launched. Of which, 67 were pending in courts, 37 withdrawn after compliance, 30

decided in favour of the Board, 21 consigned to records, 83 decided against the Board and 12

were dismissed in default. Scrutiny of 24 cases decided against the Board (pertaining to 4 test

checked Regional offices) revealed that dismissal was mainly on technical grounds as either

procedure for drawal of samples had not been observed or correct name and address of the

accused was not available. Failure of the Board in plugging these loopholes leads to collusion

and defaulters remaining unpunished.

6.1.7.4 Self Monitoring of Pollution Load

According to guidelines of the Board (June 1998), the industries discharging air pollutants

beyond specified

levels were required to self-monitor the emissions daily and forward

monthly return to the Board.

Audit observed that though the Board had identified 40 such industries, only 19 were

submitting the returns. The defaulting units were not flagged and the Board failed to ensure

proper monitoring of pollution load.

6.1.7.5 Non-submission of Environment Statements

An environmental audit report called Environment Statement was required to be submitted

on or before 30 September to work out Action Plan for pollution control measures. During

the period 1996-2001, only 2 to 3 per cent of industries identified by the Board submitted

the returns as detailed below:

Period No. of units required to

submit environment Audit

Statements

No. of units

submitting the

reports

(percentag

e)

1996-97 4383 69(2)

1997-98 4958 82(2)

1998-99 6031 175(3)

1999-2000 6255 199(3)

2000-2001 6465 203(3)

No action was taken against the defaulting industries except issuing notices.

6.1.7.6 Delay/ Non-submission of Annual Reports

Under Section 35(2) of Air Act, the Board was required to prepare the Annual Report

including annual accounts by 31 July every year and that Government was required them to

be laid by 31 December before State Legislative. The reports for 1996-97 to 1998-99 were

submitted as late as in November 2000 (1996-97) and February 2001 (1997-98 and 1998-

99). Reports for 1999- 2000 and 2000-2001 were not submitted as of November 2001.

6.1.8 No control on noise pollution


128

The Air Act and Noise Pollution (Regulation & Control) Rules, 2000 vested the Board

with the responsibility for controlling noise pollution. In the absence of funds during Ninth

Five Year Plan, no specific scheme was formulated by the Board. The Board, however,

intimated (January 2002) that noise level was being monitored as and when any complaint

was received.


Every motor vehicle is required to carry a valid "Pollution Under Control Certificate"

(PUCC) issued by the Transport Department or by any Pollution Checking Center

authorized by the Transport Department.

(i) There were 29.10 lakh registered vehicles of different categories as of March 2001 in the

State. The State Transport Authority (STA) had authorized only 187 Pollution Check

Centres (PCC) as of January 2002. Data regarding number of PUCCs issued, number of

vehicles challaned due to excess emissions, etc. which was essential for effective

implementation of the provisions of the Act, was not available either with STA or Board.

(ii) A study conducted by the Board for vehicular air pollution at Ludhiana during 1997

concluded that about 74 per cent three wheelers, more than 91 per cent buses and 97 per cent

trucks did not meet the prescribed standards of the smoke density and recommended (August

1998) to Government that all the three wheelers not using standard fuel should be banned

and no vehicle should ply in the State without a valid PUCC. Acton taken by the

Government to control the vehicular pollution was not intimated.

6.1.10 Limitations of the Act

The air pollution caused by spray of pesticides/insecticides/weedicides, etc. as well as by the

diesel generating sets used for supply of power in the various trading establishments in the

cities/ towns was admitted (November 2001) by the Board as health hazards but expressed

its inability to initiate action as the Air Act did not cover environmental pollution caused by

them.

Documents

CAG environment Audit Reports on Air Pollutioniced.cag.gov.in/wp-content/uploads/2013/02/ARs-on-Air-pollution.pdf · Environmental pollution due to air pollution and hazardous waste