ORDER
1. The Applicant who was appearing earlier in person is not present today nor was present on the previous date.
2. Heard Mr. Sakya Singh Chaudhary, learned Counsel (appearing in Virtual Mode) assisted by Mr. Sibojyoti Chakraborty, learned Counsel and Ms. Astha Sharma, learned Counsel appearing for Respondent Nos. 1 & 4, Kolaghat Thermal Power Station & West Bengal Power Development Corporation, Mr. Dipanjan Ghosh, learned Counsel appearing for Respondent No.3, West Bengal Pollution Control Board, Mr. Rajib Ray, learned Counsel appearing (in Virtual Mode) for Respondent Nos. 2 & 5, State Respondents, Govt. of West Bengal, and Mr. Surendra Kumar, learned Counsel appearing for Respondent No.6, Central Pollution Control Board.
3. No one is present for Respondent Nos. 7, West Bengal State Electricity Transmission Company Limited, although the link of Virtual Court Proceedings has been sent to it from the office of the Tribunal.
4. This Original Application has been filed by the Applicant alleging that the Respondent No.1, Kolaghat Thermal Power Station, ('KTPS' in short), in the course of its activity is producing fly-ash which is
2
causing pollution and due to fly-ash discharge is covering the residential area as well as the agricultural fields and the river Rupnarayan resulting in death of fishes.
5. Notices were issued in the case by the Tribunal in order to enquire into the matter and counter-affidavits have been filed by the Respondent No.1, KTPS, West Bengal Pollution Control Board, Central Pollution Control Board as well as by the State Respondents.
6. Previously in the affidavit of the Respondent No.6, Central Pollution Control Board, it was pointed out that the units 5 & 6 of Respondent No.1, KTPS, were not operational and from the monitoring result of the stack emission samples of Unit 4, analyzed value of Particulate Matter (PM) was exceeding the permissible limit of 150 mg/Nm3. The Tribunal, therefore, directed that immediate steps be taken by the Respondent No.1, KTPS, to get these units environmentally compliant.
7. Subsequently, another order was issued on 22.02.2017 wherein the following directions of the order dated 01.11.2016 were given which are being reproduced herein below:-
i) Unit No. 1 shall be closed within seven days from hence and shall be repaired within a period of one month as prayed for.
ii) After completion of the work under (i) above, Units No. 2 and 3 shall be closed and subsequently repaired in a phased manner within intervals of one month for each phase.
iii) Units No. 4, 5 and 6 shall be inspected jointly by the CPCB and NEERI (Kolkata Region) to verify the correctness of the claim that those are compliant by maintaining stack emission level of PM within the prescribed limit, i.e., 150 mg/Nm3.. The Regional Head of CPCB, Kolkata will coordinate the inspection and collect stack emission data for a consecutive three days period
3
within one month from today and file a report before the next date without fail.
iv) iv) It is made abundantly clear that repair of the unit No. 1 of respondent No. 1 shall be completed within a month and the other two i.e., Units 2 and 3 in the two months following thereafter. This schedule shall be strictly maintained and no further time shall be granted.
v) v) In the event they fail to comply with this direction, we shall be constrained to issue closure order of the entire plant........"
8. The Respondent No.1, KTPS, was also required to file a report of compliance in terms of the previous order of the Tribunal which was quoted in the order of the Tribunal dated 22.02.2017 which reads as under:-
"Today, Respondent No. 1, instead of filing an affidavit of having complied with the direction, has chosen to seek for further time on the ground that it would not have been possible in any case to comply with the order and to bring down the emission level to 150 mg/Nm3 as directed within such short period.
We are rather surprised that respondent No. 1 should make such a prayer considering the fact that the respondent No. 1 was expected to have taken steps and measures to comply with the pollution norms way back from 14.12.2011 and later from 4.11.2015 which are the dates more than four years and 11 months preceding today.
Considering the immense amount of public interest involved in the matter, we had desisted ourselves from issuing any coercive order against the respondent No. 1 on the last occasion, but it appears that the indulgence has been misconstrued as a concession since obviously no serious steps appear to have been taken by them to comply with the direction. As already noted, Respondent No. 1 has grossly failed to comply with our order dt.
16.8.2016.
In view of the above, the respondent No. 1 shall show cause within ten days from hence as to why their units should not be closed down. List on 1.11.2016."
4
9. Subsequently, another affidavit was filed by the Respondent No.1, KTPS, contents of which have been reproduced in the order of the Tribunal dated 27.02.2017 which read as under:-
" 5. I state that subsequent to commissioning and synchronization of Unit No. 1 the ESP repairing work of Unit No. 2 shall be undertaken and it is expected that the said job shall be completed by April, 2017.
Upon completion of the foresaid repairing job and subsequent application of ammonia dozing on regular basis, the SPM level shall be substantially reduced from the designed emission level of 750 mg/Nm3. However, it is humbly submitted that it may not be possible to achieve the emission level within 150 mg/Nm3 by this short term repairing work specially considering the design emission level of 750 mg/Nm3. It will only be possible by complete R&M work which has been envisaged by WBPDCL and a detailed schedule in this regard has also been submitted before the Hon'ble Tribunal vide affidavit dated 08.12.2016. WBDCL has already initiated necessary actions in this regard.
6. I further state that the designed value of SPM level of Unit No. 4,5 and 6 which were set up in the year 1995,1991 and 1994 respectively is 150 mg/Nm3. This was as per standard as then fixed by the statute. However, non-availability of the designed quality of coal, from the coal companies was unforeseen adverse factor to maintain the permissible limit of emission level of 150 mg/Nm3 all the time. It may kindly be appreciated that availability of the designed quality of coal is beyond the control of WBPDCL. Therefore, even after best effort on the part of WBPDCL, the emission level could not be maintained within the statutory limit for all the times. The aforesaid contention may also please be testified from the affidavit dated 08.12.2016 filed by the CPCB before the Hon'ble Tribunal. The relevant portions runs as follows :-
" As informed, the plant is receiving coal from BCCL, ECL and MCL having ash content between 35% to 60% leading to high PM emission from stack. The ESP is designed to cater 35%-45% of ash containing coal."
5
10. The Tribunal, therefore, concluded at this stage that it may not be possible for the Respondent No.1, KTPS, to achieve the emission level within 150 mg/Nm3. It was also noted by the Tribunal that availability of designed quality of coal is beyond the control of Respondent No.4, West Bengal Power Development Corporation Limited. The Tribunal, therefore, vide its order dated 22.02.2017 directed closure of the Unit Nos. 1, 2 & 3 forthwith. It was also directed that once these units are fully repaired and upgraded, the Unit Nos. 4, 5 & 6 shall also be shut down and similarly upgraded and repaired. The Tribunal also directed the Central Pollution Control Board and NEERI to conduct a joint inspection of the Unit Nos. 4, 5 & 6 and submit its report.
11. The Joint Committee submitted its report which the Tribunal in its subsequent order dated 12.04.2017 observed to be adverse. The Tribunal again directed the Central Pollution Control Board and NEERI to inspect the Units on 14thand 15thday of operation starting from Monday, the 17thApril, 2017 and submit its report on emission level of PM from Unit No.1.
12. By another order dated 15.05.2017, the Tribunal directed trial run for Unit No.2 to commence on 20.06.2017 but its commercial operation shall be subject to joint inspection by the Central Pollution Control Board and NEERI after 15 days to verify as to whether the emission level of Particulate Matter (PM) is within the permissible limit with Plant Load Factor (PLF) upto 69%. Similar direction was given for Unit No.3 also and the Central Pollution Control Board and NEERI were also directed to carry out an inspection on 05.07.2017 or any suitable date or dates and submit its report.
6
13. Thereafter, an affidavit was filed by the Respondent No.6, Central Pollution Control Board, placing on record the action taken by the Central Pollution Control Board and the NEERI in terms of the previous order of the Tribunal dated 24.08.2017. The report reads as under:-
1. The Stack of Unit #2 was monitored by CPCB and NEERI jointly. PM value of Stack #2 was found exceeding the prescribed limit of 150 mg/Nm3 and it was found between 153mg/Nm3 - 172mg/Nm3.
2. The plant was using blended coal (ECL coal and Washed coal) having ash content of 30% -35%.
3. The stack monitoring results indicate noncompliance of WBPCB norms of particulate Matter (PM) all times during for Stack of Unit # 2 at 60% PLF.
4. CPCB and NEERI monitored the plant on 23.11.2016,14.3.2017, 30.4.2017, 6.7.2017 and 3.8.2017 repeatedly as per direction of Hon'ble NGT and always found non-complying except one time i.e. 30.4.2017 for unit No. 1) that too at 60% PLF. Thus CPCB is of the view that Air Pollution Control Device (APCD) needs to be retrofitted by allowing unit to shutdown till it modify the system, so that it complies the norms of PM."
14. Based on the findings of the Committee, the Tribunal observed that Unit No.2 is not complaint. Mr. Anindya Mitra, learned Senior Counsel appearing for Respondent No.1, KTPS, at that point of time submitted that the entire unit itself would be dismantled for modification and upgradation. This submission of the learned Senior Counsel was not accepted by the Tribunal since the emission level was not within the prescribed limit of 150 mg/Nm3 as prescribed by the West Bengal Pollution Control Board. The Tribunal, therefore, vide its order dated 23.10.2017 directed that the Unit No.2 shall remain shut as recommended by the Central Pollution Control Board in its report in order to undertake
7
necessary works for modification of the system so that it complies with the norms of PM. The Central Pollution Control Board and the West Bengal Pollution Control were also directed to monitor the compliance and submit a compliance report in this regard before the next date.
15. Accordingly reports were submitted before the Tribunal by the Central Pollution Control Board as well as by the West Bengal Pollution Control Board and thereafter an affidavit was filed by the Respondent No.1, KTPS, wherein it is stated that although the emission standard of 100 mg/Nm3 as prescribed by the Ministry of Environment, Forests and Climate Change in its Notification dated 07.12.2015 was required to be achieved by 07.12.2017 but with the steps now taken by the Respondent No.1, the emission level is expected to reach the prescribed limit of 150 mg/Nm3.
16. The Tribunal, therefore, vide its order dated 15.11.2017 allowed the Unit to run on trial basis for a period of three weeks and it further directed the Central Pollution Control Board and the West Bengal Pollution Control Board to independently inspect the Unit on 06.12.2017 and ascertain as to whether it has achieved the standard of 100 mg/Nm3 or not.
17. The Tribunal also by its order dated 15.01.2018 had directed the Units in question to act in accordance with the letter of the Central Pollution Control Board and comply with the following:-
i. That plant shall install/retrofit Elestrostatic Precipitators (ESP) by June 30, 2022, March 31, 2021, September 30, 2021, March 31, 2022, June 30, 2021 & December 31, 2021 in unit 1,2,3,4,5&6 respectively so as to comply PM emission limit.
ii. That plant shall install FGD by June 30, 2021, 4 March 31, 2021, September 30, 2021, March 31, 2022, June 30,
8
2021 & December 31, 2021 in unit 1,2,3,4,5&6 respectively so as to comply SO2 emission limit.
iii. That plant shall take immediate measure like installation of low NOx burners, providing Over Fire Air (OFA) etc. and achieve progressive reduction so as to comply NOx emission limit by the year 2022.
The time line mentioned above (i to iii) for compliance of PM, SO2 & NOx emission limits shall be reviewed by CPCB within a period of three months and shall be brought down further considering the location specificity of the plant such as critical polluted area/closeness to habitation/urban area. The time line for compliance of water consumption limit shall also be finalised in consultation of plants. M/s Kolaghat Thermal Power Station, WBPDCL shall ensure compliance of directions mentioned above (i to iii) failing which action will be taken under the appropriate provisions of the Environment (Protection) Act 1986."
18. The Regional Office of the Central Pollution Control Board and the West Bengal Pollution Control Board were also directed to monitor the performance of the Respondent No.1, KTPS, and ensure that it complies with the proposal of the Central Pollution Control Board.
19. On 28.07.2020 an affidavit was filed by the Respondent No.1, KTPS, wherein the following averments were made which read as under:-
i. Unit No. 1 has been kept under shut down from 07.06.2018 and the up-gradation and retrofitting job for the said unit is in progress.
ii. Unit No. 2 is non-operational.
iii. Unit No. 3- The Unit is presently under shut down for shortage of power demand sand shall be put in operation again when the power demand increases and the Performance Guarantee (PG) Test shall be carried out to ensure compliance of other applicable operation parameter, viz., Auxiliary Power Consumption (APC).
9
iv. Unit No. 4 overhauling of the said Unit has been completed and the said Unit has been put on operation on 22.06.2020 on trial basis for stabilization purpose & to measure the applicable parameters. The Unit has again been shut down on 15.07.2020. During this period, the emission level of the said Unit is below 150 mg/Nm3.
v. Unit No. 5 is presently in operation maintain SPM level below 150 mg/Nm3.
vi. Unit No. 6: The Unit is presently kept under shut down due to low power demand increases and Performance Guarantee (PG) Test shall be carried out to ensure compliance of all applicable operation parameters. Therefore at present Unit No. 5 is in operation and Unit Nos. 3, 4 & 6 are available for generation of power and the said units shall be put on operation based on increase of demand of power.
5.1 State that the action plan for complete up-gradation and retrofitting of the Units of KTPS is indicated herein below:
i. Unit No. 1 Unit No. 1 has been shut down on 07.06.2018 for upgradation and retrofitting job by way of Renovation & Modernisation (R&M). The concerned Agency, being M/s K.C. Cotrell India Pvt Ltd has completed the work of dismantling of ESP and construction of civil pile work. The mechanical erection work is presently in progress and on completion of the same, necessary electrical and instrumentation jobs 3 shall be taken up. The Unit is scheduled to be commissioned by May, 2022.
ii. Unit No. 2- Unit No. 2 is non-operational. The work order for upgradation and retrofitting job by way of Renovation & Modernisation (R&M) of the said unit has already been place upon M/s K.C. Cotrell India Pvt Ltd. The work is scheduled to start from August, 2020 and will be completed by December, 2022. The Work Orders awarded to M/s K.C. Cotrell India Pvt Ltd in respect of Unit No. 1&2 are annexed and collectively marked as Annexure-"B".
iii. Unit No. 3- The up-gradation and retrofitting of Unit No. 3 by way of Renovation & Modernisation (R&M) has been completed on
10
14.09.2019 and the Unit had accordingly been commissioned and put in operation. The Unit is presently under shut down for shortage of power demand and shall be put in operation again when the power demand increases and the Performance Guarantee (PG) Test, viz., in respect of Auxiliary Power Consumption (APC) shall be carried out. The same shall be intimated to CPCB& WBPCB in due course.
iv. Unit No. 4- The Work Order for up-gradation and retrofitting job for the said Unit has been placed upon M/s Soil& Enviro Industries Pvt Ltd to reduce the SPM level below 100 mg/Nm3. The work for up- gradation and retrofitting is scheduled to start form January, 2022 and shall be completed by March, 2022.
v. Unit No. 5- The Work Order for up-gradation and retrofitting job for the said Unit has been placed upon the same Agency as stated in case of Unit No. 4 and upgradation & retrofitting is scheduled to start from April, 2021 and the said job shall be completed by June, 2021. The Work Orders awarded to M/s Soil& Enviro Industries Pvt Ltd in respect of Unit NO. 4&5 are annexed and collectively marked as Annexure-"C".
vi. Unit No. 6- The up-gradation and retrofitting job of Unit No. 6 has been completed and the Unit has been commissioned on 10.09.19. The Unit is presently under shut down due to low power demand. The Unit shall be put in operation again when the power demand increases and Performance Guarantee (PG) Test shall be carried out to ensure compliance of all applicable operation parameters. The same shall be intimated to CPCB&WBPCB in due course.
6. That the Respondent No. 1 humbly submits that the design value of the emission level of Unit Nos. 1, 2 & 3 is 750mg/Nm3. Therefore the Respondent No. 1 had to go for complete Renovation & Modernisation (R&M) by dismantling the existing ESP and replacing with a new ESP and for doing such job substantial time would be required. Since the design value of the emission level of Unit Nos. 4, 5 & 6 is 150 mg/Nm3, lesser period of shut down of the Units would be required for upgradation and retrofitting job.
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7. In this regard it is humbly stated that CPCB vide its letter dated 11.12.2017 had rescheduled the timeline for achieving SPM level of 100mg/Nm3, which the Hon'ble Tribunal had been kind enough to refer to in its solemn Order dated 15.01.2018. The rescheduled time line as fixed by CPCB for achieving SPM level of 100mg/Nm3 for each of the Units of KTPS is appended below:
i. Unit No. 1- June 30, 2022
ii. Unit No. 2- March 31, 2021, iii. Unit No. 3- September
30, 2021
iii. Unit No. 4- March 31, 2022, v. Unit No. 5-June 30,
2021
iv. Unit No. 6- December 31, 2021 In this regard, the Respondent No. 1 humbly submits that the up-gradation and retrofitting job of all the Units except Unit No. 2 shall be completed within the time schedule as stated herein above. However, the upgradation and retrofitting job of Unit No. 2 shall be delayed and is scheduled to be completed by December, 2022.
8. In terms of the order dated 12.05.2020 of the Hon'ble Tribunal, WBPCB had conducted an inspection on 04.06.2020 in respect of Unit No. 5 of KTPS and as per their report, the SPM level of Boiler (Unit No. 5)pass- A was 59.05 mg/Nm3 and it was 70.58 mg/Nm3 in respect of Boiler (Unit No. 5) PassB. 5 Similarly, the CPCB has conducted an inspection on 10.06.2020 i.r.o Unit No. 5 of KTPS and as per their report in the forenoon session, the SPM level of Boiler (Unit No. 5) Pass- A was 68 mg/Nm3 & it was 62mg/Nm3 in respect of Boiler (Unit No.5) Pass B and in the afternoon session, the SPM level of Boiler (Unit No. 5) Pass A was 80mg/Nm3 & it was 81mg/Nm3 in respect of Boiler (Unit No.
5) Pass B. Copies of the inspection reports conducted by WBPCB and CPCB are enclosed and collectively marked as Annexure-"D". Therefore the SPM level of Unit No. 5 of KTPS is well within the emission norms."
20. The only matter before the Tribunal, at that time, was relating to the installation of Flue-gas Desulphurization (FGD) which was
12
required to be sorted out by the Kolaghat Thermal Power Station. The comprising of the Central Pollution Control Board and the West Bengal Pollution Control Board in its report relating to inspections carried out on 04.06.2020 and 15.05.2020 made the following remarks which are extracted below:-
"Remarks
1. The stack emission monitoring of Unit no. 5 was carried out at Pass A (rectangular cross section at sampling point - 3.581m x
3.048 m) & Pass B (rectangular cross section at sampling point - 3.581m x 3.048 m) of ESP outlet ducting. PM values of both passes of stack of unit no. 5 were found well within the permissible limit. Analysis report is attached as Annexure I &
II. 6
2. Ash utilization status of the unit of for the month of March & April, 2020 is attached as Annexure III & IV.
3. Timeline for compliance of water consumption limit yet to be finalized as per CPCB direction.
4. It has been reported that Renovation and Modernization (R&M) of ESPs and ash handling system was under progress for each to unit no. 1 and 2.
5. It has been reported that Renovation and Modernization (R&M) of ESPs and ash handling has almost been completed for unit no. 3 and 6.
6. It has been reported that Renovation and Modernization (R&M) of ESPs and ash handling system has not yet been started for each of unit no. 4 and 5.
7. Installation of FGC to be provided after boiler has not yet initiated for each of all six units.
8. Installation of low NOx burners/overfire air (OFA) has not yet initiated for each f all six units.
9. At present, the unit has 01 no. Ambient Air Quality Monitoring Station near its Gate No. 2 which was found functional at the time of inspection. Installation of another 02 nos. Ambient Air Quality Monitoring Stations is under progress.
10. During April, 2020, % ash utilization by the plan was low as compared with that of MoEF recommendation which may be due to COVID-19 lock down period. Unit had achieved 94.94%
13
ash utilization on March, 2020 and this % is somewhat lower than that of MoEF recommendation.
11. The unit progress for plantation of 1500 nos. sapling during forthcoming 'Aranya Saptaha' within its plants as well as township area.
12. During the last six months, no complaints from the neighbouring locality regarding waste water discharge from pond ash or air pollution has been received by WBPCB."
21. The Joint Committee in its report has noted that installation of FGD was unavoidable if the prescribed norms were to be achieved. The Tribunal, therefore, directed the Central Pollution Control and the West Bengal Pollution Control Board to monitor compliance and not permit the Unit to operate unless all necessary requirements have been fulfilled in terms of the commitment made by the Respondent No.1, KTPS, in their previous affidavit and in the report of the Committee.
22. In compliance of the above directions, the Respondent No.1, KTPS, thereafter filed an affidavit, relevant contents of which read as under:-
"3. It is submitted that Member Secretary / Chairman, CPCB vide letter dated 11.12.2017 had indicated the following timelines:-
"Now, therefore, taking into consideration all material facts including environmental concerns and ensuring stability of power supply and need for phasing the implementation, in exercise of powers vested under Section 5 of the Environment (Protection) Act, 1986, following directions are issued to M/s Kolaghat Thermal Power Station, WBPDCL.
i. That plant shall install/retrofit Electrostatic Precipitators (ESP) by June 30, 2022, March 31, 2021, September 30, 2021, March 31, 2022, June 30, 2021 & December 31, 2021 in unit 1,2,3,4,5&6 respectively so as to comply PM emission limit;
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ii. That plant shall install FGD by June 30, 2021, March 31, 2021, September 30, 2021, March 31, 2022, June 30, 2021 & December 31, 2021 in unit 1,2,3,4,5&6 respectively so as to comply SO2 emission limit.
iii. That plant shall take immediate measure like installation of low NOx burners, providing Over Fire Air (OFA) etc. and achieve progressive reduction so as to comply NOx emission limit by the year 2022.
The time line mentioned above (i to tii) for compliance of PM, S02 & NOx emission limits shall be reviewed by CPCB within a period of three months and shall be brought down further considering the location specificity of the plant such as critical polluted area/closeness to habitation/urban area.
The time line for compliance of water consumption limit shall also be finalised in consultation of plants. M/s Kolaghat Thermal Power Station, WBPDCL shall ensure compliance of directions mentioned above (i to iii) failing which action will be taken under the appropriate provisions of the Environment (Protection) Act 1986." The contents of the above letter dated 11.12.2017 was duly noted by the Hon'ble National Green Tribunal — Eastern Zone in its order dated 15 January, 2018 in OA No.114/ 2015/ EZ. The above-letter sets out the respective deadlines with regard to emission parameters to be achieved by Kolaghat Thermal Power Station ("KTPS") as under:
| Unit No. |
Deadline ESP |
Deadline FGDs |
Low NOx burners |
| Unit 1 |
30.06.2022 |
30.06.2021 |
Immediate measures for installation of low NOx burners providing OFA etc. to progressively comply with NOx emission limit by year 2022. |
| Unit 2 |
31.03.2021 |
31.03.2021 |
| Unit 3 |
30.09.2021 |
30.09.2021 |
| Unit 4 |
31.03.2022 |
31.03.2022 |
| Unit 5 |
30.06.2021 |
30.06.2021 |
| Unit 6 |
31.12.2021 |
31.12.2021 |
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* The deadline for installation of FGD has been recognised by the Hon'ble Supreme Court vide its order dated 10.12.2018 passed in W.P. (C) 13029/1985 titled as M.C. Mehta v. Union of India & Ors. Copy of order dated 10.12.2018 passed in W.P. (C) 13029/1985 passed by the Hon'ble Supreme Court is annexed herewith as "ANNEX URE- "P-l "
4. This Hon'ble Tribunal in its order dated 28.07.2020 also took note of the recommendations made by in the report of the Joint Committee of CPCB dated 14.07.2020 and WBPCB report dated 24.07.2020.
5. In view of the recommendations made by the Joint Committee Report, KTPS would like to submit the following:
i. Units 3, 4, 5 and 6 are Operational. However, some of the units have been under shutdown from time to time, on account of low system demand. In Unit 1, R&M job is under progress and is expected to be completed by June 30, 2021. Unit 2 has been taken under shutdown for R&M job.
ii. SPM levels have been achieved and maintained within the present prescribed levels of <150 mg/Nm3 in Units
3,4 and 5.
iii. The requirement in relation to reduced NOx stands duly complied for Units 3, 4, 5 and 6.
iv. The requirement with regarding to specific water consumption already stands complied in view of the reports of specific water consumption for the months of April-June' 2020.
v. With regard to installation and retrofitment of ESP, the status shows that the compliance is scheduled well within the prescribed deadline provided under the letter dated 11.12.2017 of CPCB.
vi. With regard to installation of FGD, the last date for compliance is December, 2022, WBPDCL is undertaking efforts to install FGD for all the six units at Kolaghat thermal power station. Technical & financial assessment have been done. It has been found that the conventional technology for FGD is not suitable at the station due to severe space constraint. As such, some
16
alternative technology is being explored for this particular station.
vii. The Central Electricity Authority ("CEA"), Ministry of Power, Govt. of India issued an advisory on 07.02.2020 regarding selection of FGD technology for different unit size in reference to the Notification of MoEF & CC dated 07.12.2015. In the said advisory, for the units having capacity within 60MW to 250MW with balance operating life within 7 to 9 years, the 'Dry Sorbent Injection (DSI)' type of FGD has been suggested. The Clause is reproduced herein below:
"The FGD technologies based on dry sorbent injection is particularly preferable for small unit size ie. 60 MW-250 MW range since the reagent cost in this technology is relatively higher then Wet-lime stone and ammonia based FGD, hence units running on low PLF and with less balance operating life (07-09 years) is more preferable for DSI. The adaptation of this technology may be finalized on the base of conducting Techno- economic feasibility considering following factors;
a) PLF of the Unit
b) Required efficiency of the FGD system
c) Balance operating life
d) OPEX (Reagent Consumption) Additionally DSI based technologies have considerably low CAPEX (1/4th) and very less APC (1/10th) compared to Wet Limestone and Ammonia based FGD technologieés............ "
Photocopy of advisory on 07.02.2020 issued by The Central Electricity Authority ("CEA"), Ministry of Power, Govt. of India is annexed as "ANNEXURE P-2" viii M/s ION Exchange has come out with an indigenous technology to control the SOx by 'Dozing of INDION 6354 a multi-fuel additive'. The technology is significantly cheaper and does not require the space needed for setting up of conventional FGD system. Since this technology has not been a proven one in Indian
17
context, West Bengal Power Development Corporation Ltd. ("WBPDCL") has started the dozing on trial basis in KTPS Unit 5 from 15.09.2020 by M/s. ION Exchange. The result is expected in the month of October, 2020; and if the results are found encouraging, the same would be placed before the WBPCB and CPCB for their necessary clearance with an intimation to CEA. Intimation of this kind of trial run is given to both CPCB and WBPCB. ix WBPDCL will opt for this indigenous technology developed by M/s. ION Exchange subject to clearance by WBPCB and CPCB else WBPDCL shall go for DSI type FGD installation in line with the latest CEA advisory. Parallely, WBPDCL is preparing for floating of NIT in November, 2020 for installation of DSI type FGD for unit Nos. 4, 5 & 6 with a target to complete the same in phased manner by March, 2022, pending result of trial run of indigenous technology and subsequent approval by appropriate authority. Similarly, for the remaining unit No.: 1,2 & 3 WBPDCL shall place a repeat order based on the result of indigenous technology so that the entire work of installation of FGD for KTPS to be completed within the stipulated deadline of December, 2022. x As on date, one AAQMS station is in operation. NIT for balance two numbers has already been floated on 25.07.2020 and the work is expected to be completed by December, 2021.
It may be seen from the table provided herein below, wherein KTPS has responded to / addressed each and every recommendation of the Joint Committee Report :
| Sl. No. |
Recommendations |
Status update |
|
The stack emission monitoring of Unit no. 5 was carried out at Pass A (rectangular cross section at sampling point — 3.581m x 3.048 |
This shows that the PM level of Unit 5 is within limits. In this regard, KTPS would like to point out the PM levels that are being achieved at an average by the other units of |
18
m) & Pass B KTPS:
(rectangular cross section at sampling Unit 3:
point - 3.581m x
3.048m) of ESP outlet SPM level — average of 60 ducting. PM values of mg/Nm3 for the period 11-06- both passes of stack of 2020 to 13-06.2020, when the unit no. 5 were found unit was operational of 150 well within the (within prescribed limit permissible limit. mg/Nm3)
Analysis report is
attached as Annexure I NOx level — average of 168 & II. mg/ Nm3 for the period 11-06- 2020 to 13-06-2020(within
prescribed limit of 600mg/
Nm3)
SOx level — average of 883
mg/ Nm3 for the period 11-06-
2020 to 13-06-2020. (The SOx
level is beyond the prescribed
which will limit, get addressed
on installation of FGD. The
deadline for compliance of SOx
level and installation of FGD is
December 2022 and there is
no immediate non-compliance
on_ this account).
Unit 4:
SPM level — average value
was 203mg/ Nm3 for a short
period of time in June, 2020
during stabilization of the Unit
(including the month of start-
up) after Overhauling.
However, we have achieved
an average of 63.57 mg/ Nm3
in the month of July, 2020 i.e.
within present prescribed limit
of 150 mg/ Nm3
19
NOx level — average of 232 mg/Nm3 for the period of June, 2020 and 252 mg/Nm3for July, 2020 (within prescribed limit of 600 mg/Nm3)
SOx level — average of 502 mg/Nm3 for the period of June, 2020 and 589 mg/Nm3for the period of July, 2020 (within prescribed limit of 600 mg/Nm3 with a maximum value of 718.92 mg/Nm3. (The SOx level is beyond the prescribed limit, which will get addressed on installation of FGD. The deadline for compliance of SOx level and installation of FGD is December 2022 and there is no immediate non-compliance on this account).
Unit 6:
Has been under shutdown since 16.01.2020 due to low system demand. Before 16.01.2020, the levels were as under:
SPM level — average of 208.99- mg/ Nm3 for the period of 27.12.2019 to
16.01.2020.
(Presently, the SPM level is beyond the permissible limits). NOx - average of 184.94 mg/Nm3 for the period of
20
|
|
27.12.2019 to 16.01.2020 (within prescribed limit of 600 mg/ Nm3). SOx — average of 757.23 mg/Nm3 for the period of 27.12.2019 to 16.01.2020. (The SOx level is beyond the prescribed limit, which will get addressed on installation of FGD. The deadline for compliance of SOx level and installation of FGD is December 2022 and there is no immediate non-compliance on_ this account) |
| 2. |
Ash utilization status of the units of for the month of March & April, 2020 is attached as Annexure III & IV, |
The Committee had raised a concern regard ash utilization by KTPS being lower than 100% during the months of March and April 2020. In March 2020, the ash utilization was 94.94%. The plant saw limited disposal of ash during April 2020 due to the nation- wide lockdown on account of COVID-19 and its impact on related industries e.g. cement and brick manufacturing. The reports of ash utilization for the subsequent months have been enclosed with this report, which would ash disposal has achieved 272.62% in June 2020, thereby having a cumulative ash utilization of 115% for FY 20-21 till June 2020. Annexure [A of P-3] The ash utilization for FY 2019-20 was 164.35%. These |
21
|
|
facts show that KTPS has been maintaining ash utilization at a level higher than that prescribed by CPCB. |
| 3. |
Timeline for compliance of water consumption limit yet to be finalized as per CPCB direction |
The limit for specific water consumption is 3.5 m3/ Mwh. Please find enclosed the data of Specific water consumption of KTPS for the period April to June 2020 which shows the average consumption level of 3.48 m3Mwh which is less than the permissible limit of 3.5 m3Mwh. Annexure [B of P- 3] To such extent, the compliance of water consumption limit stands achieved. |
| 4. |
It has been reported — that Renovation and Modernization (R&M) of ESPs ash handling under and system was progress for each to unit no. 1 & 2 |
Member Secretary / Chairman, CPCB 11.12.2017 had dead upgradation / retro-fitment of ESP by vide letter dated indicated the line for June 30, 2021, and March 31, 2021, in unit 1 and 2 respectively. Unit-#1 R&M job is under progress and is expected to be completed by June 30, 2021. Unit-#2 has been taken under shutdown for R&M job. |
| 5. |
It has been reported that Renovation and Modernization (R&M) of ESPs and ash handling has almost been completed for unit no. 3 and 6. |
Member Secretary / Chairman, CPCB vide letter dated 11.12.2017 had indicated the line for dead line for upgradation / retro-fitment of ESP by September 30, 2021, and December 31, 2021, in unit 3 and 6 respectively. Unit 3: |
22
|
|
ESP R&M work of U#3 has been completed after that unit- 3 was synchronised on 14/09/2019 and PG test is pending. Expenditure Detail U#3 ESP R&M work order value at Rs. 48.21 crores U#3 AHP R&M work order value at Rs. 31.43 crores. Unit 6: 1st time, Unit 6 ESP Up- gradation work had been taken up to reduce SPM at Stack emission to 150 mg/Nm3 in June’2017- Jan’ 2018. Expenditure totalling to Rs. 10.85 crores on work order value through OEM M/s BHEL. For further SPM control, to bring SPM < 100 mg/Nm3, ESP upgradation work has been done [through M/S Soil & Enviro Industries Pvt. Ltd.] in August — Sept’ 2019. However, PG test is pending. Expenditure totalling to Rs. 9.95 crores on work order value. Unit-6 is under shut down since low 16.01.2020 due to system demand. |
| 6. |
It has been reported that Renovation and Modernization (R&M) of ESPs and ash handling system has not yet been started for each of unit no.4 and 5. |
Member Secretary / Chairman, CPCB vide letter dated 11.12.2017 had indicated the dead line for upgradation / retro-fitment of ESP by March 31, 2022, and June 30, 2021, in unit 4 and 5 respectively. Unit 4: |
23
U# 4 ESP Up-gradation work had been taken up to reduce SPM at Stack emission to < 150 mg/Nm3 in Feb-March
2018.
Expenditure on order value for ESP Up-gradation work, through OEM M/s GE Power totalling to Rs. 4.03 crores. Unit-4 is available but presently under shut-down due to low system demand. However, when unit was in running condition in June-July 2020 (from 23.06.2020 to 15.07.2020), SPM level was at 63.57mg/ Nm3 (average), i.e., well within permissible limit
(<150 mg/Nm3) is not most of
the time. Again, Unit 4 further Up- gradation ESP work will be taken up [through M/S- Soil & Enviro Industries Pvt. Ltd.], if required, to reduce SPM at Stack emission to (100 mg/Nm3 as per Statutory requirement of MoEF & CC guidelines but this ESP-4 R&M will be taken up after checking the performance of Unit#6. Expenditure for ESP up- gradation on order work value would amount to Rs. 9.95 crores.
Unit 5:
U# S ESP Up-gradation work had been taken up to reduce SPM at Stack emission to <150 mg/Nm3 in Jan-March 2019.
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|
|
Expenditure detail on order value for ESP Up-gradation work, through OEM M/s BHEL totalling to Rs. 10.85 crores. Unit-5 is presently running and SPM level is well within permissible limit (<150 mg/Nm3) in most of the time. Again, Unit- 5 ESP Up- gradation work will be taken up [through M/S Soil & Enviro Industries Pvt. Ltd.], if required, to reduce SPM at Stack emission to <100 mg/Nm3 as per Statutory requirement of MoEF& CC guideline but this ESP-5 R&M will be taken up after checking the performance of Unit#6. Expenditure details for ESP upgradation on order work value would amount to Rs. 9.95 crores. |
| 7. |
Installation of FGD to be provided after boiler has not yet initiated for each of all six units. |
Member Secretary / Chairman, CPCB vide letter dated 11.12.2017 had indicated the deadline for the plant to install FGD by June 30, 2021, March 31, 2021, September 30, 2021, March 31, 2022, June 30, 2021 & December 31, 2021 in unit 1,2,3,4,5&6 respectively so as to comply SO2 emission limit. The deadline for the implementation of FGD has been extended by the Hon’ble Supreme Court to December 2022. |
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|
Units # 1, 2 and 3 have already exceeded thirty years of operation as compared with that of MoEF recommendation which may be due to COVID- 19 lock down period. Unit had achieved 94.94% ash utilization on March, 2020 and this % is somewhat lower than that of MoEF recommendation. |
| 11. |
The unit progress for plantation of 1500 nos. sapling during forthcoming ‘AranyaSaptaha’ within its plants as well as township area. |
Already 1000 saplings have been planted and the growth of the saplings are around 300 — 400 mm |
| 12. |
During the last six months, no complaints from the neighbouring locality regarding waste water discharge from pond ash or air pollution has been received by WBPCB.” |
No Comment. |
6. Meanwhile, M/s ION Exchange has come out with an indigenous technology to control the SOx by 'Dozing of INDION 6354 a multi- fuel additive'. Since this technology has not been proven in Indian context, WBPDCL has started the dozing on trial basis in KTPS Unit 5 from 15.09.2020 by M/s. ION Exchange. The result is expected in the month of October, 2020; and if the results are found encouraging, the same would be placed before the WBPCB and CPCB for their necessary clearance with an intimation to CEA. This indigenous technology would be used for the other units subject to clearance by WBPCB and CPCB. Intimation of this kind of trial run is given to both CPCB & WBPCB.
26
7. KTPS has already provided an action taken report to both CPCB and WBPCB to this effect on 10.08.2020. Copy of the letters dated 10.08.2020 is annexed herewith as ANNEXURE [P-3].
8. In view of the above, it is submitted that as on date, all the compliance requirements of KTPS stand fulfilled and there are no instances of non-compliance of any of the parameters."
23. The West Bengal Pollution Control Board has also filed a monitoring report. The overall observations of which are being reproduced herein below:-
Overall Observation:
1. During inspection all the units of M/s KTPS, Kolaghat were not in operation except Unit #5.
2. The Stack Monitoring was carried out for Unit#5 in the ESP Pass (namely Pass # A & Pass # B- rectangular cross section of
5.7 mx 4.2 m) as monitoring porthole was not available in the Stack.
3. PM value of Unit#S (Pass # A & Pass # B) was found between 58 mg/ Nm3- 60mg/ Nm3that is meeting the prescribed limit of 150 mg/Nm3,
4. Online stake emission monitoring (Opacity meter) is installed at ESP outlet ducting Pass # B. The data of PM as retrieved from Online monitoring system {date-logger} during inspection and it was found between 41 mg/ Nm3 to 50 mg/ Nm3-
5. The ESP of Unit #5 is having 2 Pass & 10 fields in each Pass and is connected with single stack. During inspection & monitoring 1 No. of field (namely "2D" of Pass #B) was nonoperational.
6. The Online Monitoring system installed at Unit # S (Pass # B) was calibrated on 23/06/2020. However, the SOx analyser was not providing the accurate values. However, the time limit for complying SO, parameter for Unit 5 is June 2021. Status of Regulatory Compliances:
Sl. Particular Validity Remark
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| No. |
|
|
|
| 1 |
Consent to Operate |
Valid till 31/08/2023 |
Complied |
| 2 |
Hazardous waste authorization under Hazardous Waste (Management & Transboundry Movement) Rules 2016 |
Valid till 30/09/2022 |
Complied |
| 3. |
Public Liability Insurance (PLI) |
Valid till 09/05/2021 Policy No: 41052673 Policy Provider: M/s IFFCOTOKIO General insurance Co Ltd |
Complied |
| Sl. No. |
Particular |
Status as observed by Committee on 09/09/2020 |
Remark |
|
Stack Emission Monitoring |
During visit, Unit#S was found Operational. Accordingly, stack Monitoring work was carried out. PM value at Pass# A and Pass# B were found 60 mg/c and 58mg/ Nm3 respectively. SOx value at Pass# A and Pass# B were found S10 mg/Nm? and 518 mg/ Nm3 respectively. |
Stack analyses reports (dt. 09.09.20) shows compliance with Environmental Standard: (PM: 150 mg/Nm3 SOx: 600 mg/Nm3and NO,: 600mg/Nm3). In this regard, it may be stated that WBPCB also conducted stack sample monitoring for Pass #A & Pass #B of Unit #5 on |
28
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|
NOx value at Pass# A and Pass# 8 were found 228 mg/ Nm3and 230 mg/ Nm3 respectively. |
02.09.20 and the analyses results attain compliance with Env. Std. (PM: Pass HA ~ 33.21 mg/Nm3& Pass 4B — 45.27 mg/Nm3, SOx: Pass HA ~ 596.9 mg/Nm3& Pass #B ~ 549.3 mg/Nm3and NOx: Pass #A = 412.7 mg/Nm3& Pass #B - 398.6 mg/Nm3as well as in consistence with analyses results of joint stack sample monitoring of CPCB & WBPCB on 09.09.20. |
| 2. |
Ash Utilization Status |
In the FY 2019-2020 Ash utilization was 164%. During FY 2020-2021 Ash utilization is~ 115%. |
|
| 3. |
Compliance of water consumption as per CPCB direction |
The norm for Specific consumption is 3.5 m3/Mwh. In the current FY, Specific water consumption is 3.48 m3Mwh |
|
| 4. |
Renovation and Modernization (R&M) of ESPs and ash handling system |
Status of Renovation and Modernization of ESPs for Units #1, #2, #4 & #5 are following: It has been reported that R&M of ESPs for |
R&M work for ESP of Unit #3 and Unit #6 already completed, Performance Guarantee test is |
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|
|
Unit #1 was under Progress and is expected to completed by June 30, 2021. It has been reported that the unit #2 has been taken under shut down for R&M job. R&E job of Unit # will be taken up after checking the performance of Unit 6 as its expenditure would amount to Rs. 9.95 crore. R & M job of Unit #5 will be taken up after checking the performance of Unit 6 as its expenditure would amount to Rs. 9.95 crore. As informed, all Units will be upgraded in phased manner by March 2022. |
pending. |
| 5. |
Installation of GDG |
The installation of FGD for units #4, #5 & #6 is under active consideration for implementation within March 31, 2022. Unit # 1, 2 and 3 have already exceeded 30 years of operation and are expected to be decommissioned in the next 3-4 years after R &M. Plant representative |
|
30
|
|
has written letter to West Bengal Electricity Regulatory Commission for its view about installation of FGD. |
|
| 6. |
Installation of low NOx burners/overfire air (OFA) |
It is reported that the industry (Units #1, #2, #3, #4, 45 & #6) should install within December, 2022, |
|
| 7. |
Installation of another 2 nos. Ambient Air Quality Station (AAQMs) |
Installation of 2 Nos. of AAQMS is under progress. As informed, NIT has been floated and installation Quality work is expected to be completed by Monitoring December 2021. |
1 No. of AAQM is operational near Gate No. 2 of the Industry. |
| 8. |
The unit Progress for plantation of 1500 nos. sapling during Forthcoming ‘Aranya Saptaha’ within its plants as well as township area. complaints Wastewater discharge and Air pollution from KTPS |
Industry has already completed about 800 nos. saplings within plant and township area during last Aranya Saptaha. Another 200 nos. plantation to be done very shortly. Received by this office during current FY. |
|
24. The Respondent No.1, KTPS, in its affidavit has stated that the conventional FGD would not be suitable at the Station due to
31
severe space constraint and, therefore, it was exploring the possibility of alternative technology. The option available with the Respondent No.1, as stated, was either the Dry Sorbent Injection (DSI) type of FGD which was referred to in the advisory of the Central Electricity Authority, Ministry of Power, Government of India on 07.02.2020 in terms of the Ministry of Environment, Forests and Climate Change Notification dated 07.12.2015 or an indigenous technology developed by M/s ION Exchange to control SOx by 'dozing of INDION 6354 a multi-fuel additive'. It is stated that this technology is significantly cheaper and did not require much space compared to the conventional FGD system which has been started on a trial basis in the Kolaghat Thermal Power Station Unit No. 5 from 15.09.2020 by M/s ION Exchange and result of which was expected in the month of October, 2020.
25. The Tribunal, therefore, permitted the Thermal Power Station in question to consider either of the two technologies subject to verification and approval by the Central Pollution Control Board. The Central Pollution Control Board and the West Bengal Pollution Control Board were also directed to submit a joint inspection report within three months.
26. Thereafter, an affidavit was filed by the West Bengal Pollution Control Board stating therein that the data of Particulate Matter (PM) as retrieved from Online Monitoring System (data logger) during inspection was found between 75 mg/Nm3 to 95 mg/Nm3 but the Tribunal found this report contradictory to the facts stated at page no. 1656 of the affidavit and, therefore, directed the West Bengal Pollution Control Board to file a better affidavit. Mr. Apu Mazumder, General Manager and Head of the Technical Team of
32
Respondent No.1 Plant was also directed to be present in the Court to explain the technicalities of the mechanism being adopted by the
KTPA.
27. An affidavit dated 15.09.2021 has been filed by the West Bengal Pollution Control Board which refers to inspections carried out on 07.09.2021 and 08.09.2021 in which the current status as on the above two dates is mentioned which is extracted below:-
"Current Status' M/s Kolaghat Thermal Power Station (M/s KTPS), Mecheda, Purba Medinipur was inspected by Board official on 07.09.21 and 08.09.21 along with stack gas sampling. During inspection, it was observed that Unit #3, 4, 5 and 6 were running. Unit #3, Pass-A & Pass-B of Unit #4, Pass-A & Pass-B of Unit #5 and Pass-A & Pass-B of Unit#6 to analyze Particulate Matter (PM), Sulpher di oxide (SOx) and Nitrogen di oxide (NOx) present in stack gas samples. Analyses results show compliance with respect to PM (150 mg/Nm3) for stacks of Unit#3, Pass-A & Pass-B of Unit#4, Pass-A & Pass-B of Unit#5 and Pass-B of Unit#6. Marginal failure for PM (152.32 mg/Nm3) in stack sample of Pass-A of Unit #6 is observed. For Sox, analyses reports of all stacks show non-compliance (above 600 mg/Nm3). As per unit representative at the time of inspection, no multi-fuel additive injection at boiler was carried out as such injection could not achieve desired result on previous occasions (before December' 21). In future, the industry will implement new technology for FGD as proposed by unit representative at the time of inspection. For NOx, analyses reports of all stacks show compliance (600 mg/Nm3)."
28. Para 4, 5, 6, 7, 8 & 9 of the affidavit dated 15.09.2021 may be reproduced herein under for better appreciation of the case:-
"4. At the outset, it may be submitted that presently Unit No. 3,4,5 & 6 of KTPS are in operation and the SPM & NOx levels of all the four units are within the statutory limit.
33
5. With respect to Unit 5, it is important to highlight that KTPS conducted trial operation of the INDION 6354 Technology between 15.09.2020 to 15.10.202. The test was carried out by injecting multi-fuel additive INDION 6354 at two elevations of boiler through variable frequency drive for control of low. During the test, all important parameters were monitored on regular basis in addition to the SOx value. It was observed that the value of Sox has been reduced by around 100-150 mg/Nm3 trough chemical dozing. However, the resultant SOx level could not be brought down below 600 mg/Nm3 consistently though on several occasions, the SOx3 level was below 600 mg/Nm3.
6. With respect to Unit 6, it is submitted that the same process of dozing of INDION 6354 technology has been undertaken again from 26.12.2020. In the second stage trial of Unit 6, more than two points of injection were made, with further fine tuning to achieve the desired result. However, the desired result could not be achieved, and KTPS is not continuing with the INDION 6354 technology. KTPS is now opting for DSI type of FGD.
7. Vide affidavit dated 08.01.20201, it was informed to this Hon'ble Tribunal that KTPS has floated a tender bearing No. WBPDCL/CORP/NIT/E1277/20-21 dated 12.11.2020 for DSI system package of KTPS Units 3,4,5 and 6. However, the said NIT was cancelled due to non-submission of bid.
8. Subsequently, re-tendering has been done on 26.06.2021, bearing no. WBPDCL/CORP/NIT/E1439/21-22 (Revised NIT) by revising the qualification criteria. The timelines for the Re- tendering process are as under:
| Pre-bid Meeting |
19.07.2021 |
| Techno-Commercial Bid Submission end date (extended on request of the prospective bidders due to the ongoing pandemic situation) |
07.10.2021 |
| Techno-Commercial Bid Opening |
07.10.2021 at 15:30 hrs. |
34
Date Financial bid shall be submitted by the Techno-Commercially Qualified bidders on a subsequent date to be decided later.
9. It is submitted there was a delay in floating the Revised Tender dated 26.06.2021, for various reasons, such as, since the DSI technology is new in India, KTPS had to consult other power utilities, while reviewing the qualifying requirements under the tender. Secondly, all tender publications were put on hold due to the imposition of Model Code of Conduct for West Bengal Assembly Elections from end of February, 2021 till 03rd May, 2021. Lastly, owing to the lockdown imposed due to the pandemic there were various operational restrictions. It is submitted that the West Bengal Power Development Corporation Ltd. issued the Revised NIT for KTPS at the earliest, dealing with these operational difficulties."
29. It is also stated that Unit falls under category 'C' of the Ministry of Environment, Forests and Climate Change Notification dated 31.03.2021. The chart which is quoted in the affidavit dated 15.09.2021 reads as under:-
| S. No. |
Category |
Location/Area |
Timeline for compliance |
| (1) |
(2) |
(3) |
(4) |
(5) |
| 1. |
Category A |
Within 10 km radius of National Capital Region or cities having million plus population |
Upto 31st December, 2022 |
Upto 31st December, 2022 |
| 2. |
Category B |
Within 10 km radius of Critically Polluted Areas or Non- attainment cities |
Upto 31st December, 2023 |
Upto 31st December, 2025 |
| 3 |
Category C |
Other than those included in category A and B |
Upto 31st December, 2024 |
Upto 31st December, 2025 |
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30. The Tribunal, therefore, directed the West Bengal Pollution Control Board to submit a fresh inspection report with regard to the steps taken to reduce the SOx and NOx.
31. The West Bengal Pollution Control Board in compliance of our directions has filed affidavit dated 31.03.2022 bringing on record the current status which need to be reproduced herein and read as under:-
"4. That, the State Board caused an inspection of the site in question, namely, M/s Kolaghat Thermal Power Station, on 16.02.2022, 17.02.2022 and 07.03.2022. The inspection report reveals as follows:
As per direction of the Hon'ble National Green Tribunal, the said unit was inspected by the Regional Office of the West Bengal Pollution Control Board on 07.03.2022. As per the directives o Hon'ble NGT dated 24.02.2022, it has been noted that the West Bengal Power Development Corporation Limited (WBPDCL) has already floated tender for installation of Dry Sorbent Injection System (DSI) for Kolaghat Thermal Power Station for their 4X210 MW units (Unit#1, Unit#2, Unit#3 and Unit#4). It has also been reported that the DSI system for SO2 control shall be based on Sodium Bicarbonate as reagent. Sodium Bicarbonate shall be milled before injection at appropriate location at Air Pre Heater inlet/outlet for capturing of SO2 in the flue gas. ESPs installed at the downstream will be used to collect the reactants along with the particulate matter i.e. fly ash. The West Bengal Pollution Power Development Corporation Limited (WBPDCL) authority prefers Dry Sorbent Injection Technology (DSI) more over the wet limestone based Flue Gas Desulphurization due to the low Plant Load Factor operation regime and low residual life of the Kolaghat Thermal Power Station.
Also, the State Board monitored the performance of the M/s Kolaghat Thermal Power Station on regularly basis as per the directives of the Hon'ble NGT. The recent performance of the industry was tabulated below:
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Date of Sample Concentration of parameters @ 6% O2 sampling collected from (mg/Nm3)
PM SOx NOx
16.02.2022 Pass A of Unit 62.26 653 2.15 No.4
Pass B of Unit 70.37 620 239.5 No.4
16.02.2022 Pass A of Unit 29.6 767 224.7 No.5
Pass B of Unit 2991 839.5 235.7 No.5
16.02.2022 Pass of Unit No.6 32.22 556.3 287.6 Pass B of Unit 103.32 526.9 240.2 No.6
* Permissible limit of PM is 150 mg/Nm3 as per the CFO issued by the State Board vide memo no. 6863-hl-co-r/14/0142 dated 08.08.2018 which was valid up to 31.08.2023.
5. That, from the said inspection, the following remarks were obtained:-
a) The results of stack emission of all the four units in respect of the particulate matter were found within the permissible limit. The ESPs of all these units were found in operation and all the fields were charged (operational) during visit.
b) As per the MoEF&CC notification dated 31.03.2021,the time line for compliance of particular matter (permissible limit -100 mg/Nm3), SO2 (permissible limit-600 mg/Nm3) and NOx (permissible limit-600 mg/Nm3), is 31st December, 2024 for the Kolaghat Thermal Power Station.
c) The unit is in the process of installation of Dry Sorbent Injection Technology (DSI) to reduce SO2.
d) It has been stated by the unit representative that since the emission level of NOx is within the permissible limit, therefore, there was no such immediate proposal for controlling ofNOx. However, many studies reveals that Dry Sorbent Injection System (DSI) is capable of reduction of NOx to some extent.
37
e) The West Bengal Pollution Control Board has issued a direction vide memo no. 940-344/WPB(HRO)-K/211 (Pt-
V) dated 20.12.2021 to submit Environmental Compensation of Rs. 1000000/- (Rupees ten lakh only) and Bank Guarantee of Rs. 2000000/- (Rupees twenty lakh only).
f) The main challenges of proposed DSI technology is that the sodium content in fly ash may effect the quality of fly ash which may find restricted application, if any limitation of sodium content is imposed by the cement industries and also the sorbent has a natural tendency to absorb moisture and clog at atmosphere condition.
6. That, in terms of the direction of the State Board issued vide memo dated 20.12.2021, M/s Kolaghat Thermal Power Station vide letter dated 06.01.2022 submitted Bank Gurantee dated 05.01.2022 of Rupees Twenty Lacks in favour of the State Board, validity upto 04.01.2023 and also a Bank Draft of Rupees Ten Lacks as Environmental Compensation in favour of the State Board dated 05.01.2022."
32. From a perusal of the above affidavit of the West Bengal Pollution Control Board, what transpires is that the timeline given for compliance of PM (permissible limit of 100 mg/Nm3), SO2 (permissible limit 600 mg/Nm3) and NOx (permissible limit 600 mg/Nm3) is 31.03.2024 for the Kolaghat Thermal Power Station, Respondent No.1.
33. From the chart giving concentration of the parameters in para 4 of the affidavit of the West Bengal Pollution Control Board dated 31.03.3022, we find that the Particulate Matter (PM) is within the norms and is below 150 mg/Nm3 and NOx is also within the limit of 600 mg/Nm3 but the parameters of SOx is still not under control and needs to be addressed by the Plant in question for which time till 31.12.2024 has been sought.
38
34. The Respondent No.1, KTPS, in its affidavit dated 04.04.2022 has stated that the KTPS falls under category 'C' and the last date for compliance is 31.12.2024. It is further stated that for installing of Dry Sorbent Injection type FGD for which there is a space constraint at the KTPS, the land required for DSI type of FGD of 4X210 MW KTPS Units is approximately 300m X 24.5m = 7350 square meters. Para 6,7 & 8 of the affidavit read as under:-
"6. It is further informed that one of the primary consideration for installing DSI type FGD is the space constraint at KTPS. The allotted land for DSI type of FGD of 4X210 MW KTPA Units is approximately 300mX24.5 = 7350 sqm. The said land requirement would be met by the KTPS plant.
7. Requirement of land for installing wet lime FGD system is around 50 m3/MW. Hence, land required for KTPS 4X210 MW would have been around 42,000 m3. Such quantity of land is not available at KTPS considering technical suitability.
8. It is submitted that sulphur content of Indian Coal is low and in the line of 0.5 to 1%. Hence the required amount of sorbent to be injected is also very low which in turn shall keep the sodium content of fly ash well below 5%. Furthermore, the cement industries have not issued any notice stating that they would not accept fly ash with sodium content beyond any fixed limit. Further, there is humidity control mechanism in the sorbent storage system to prevent the sorbent from getting clogged. Thus, the remark of Respondent No.3/WBPCB at point 5 (f) may not be relevant in these circumstances."
35. The Respondent No.1 in its affidavit dated 04.04.2022 has further stated that Environmental Compensation of Rs. 10,00,000/- (Rupees Ten Lakhs) which was levied on the non-retiring Thermal Power Stations on the expiry of the timeline stipulated in the Notification dated 31.03.2021 has been submitted. Further a Bank
39
Guarantee of Rs. 20,00,000/- has also been submitted to the West Bengal Pollution Control Board.
36. Considering the averments made in the affidavits filed by the West Bengal Pollution Control Board and the Respondent No.1, KTPS, giving timeline of 31stDecember, 2024 for compliance of PM, SOx and NOx, we dispose of this Original Application with a direction to the West Bengal Pollution Control Board to monitor the emission norms of the Respondent No.1, KTPS, Unit Nos. 3, 4, 5 & 6 which are stated to be now in operation as the Plant Unit Nos. 1 & 2 have been de-commissioned. The West Bengal Pollution Control Board shall ensure that the Plants achieves the permissible standards of PM, SOx and NOx by 31.12.2024. The Respondent No.1 shall ensure that suitable land is made available for installing the Dry Sorbent Injection type of FGD.
37. The Respondent No.1, KTPS, shall ensure that Pollution Control System work efficiently to comply with the environmental norms and it will take steps for enhancement of dry fly ash utilization to achieve 100% utilization of fly ash. It is further direct that Respondent No.1, KTPS, shall ensure that ash water recovery system is functional and recovered water from ash pond be fully recycled/re-used in the Plant.
38. The I.A. No. 19/2020/EZ is also stands disposed of.
39. There shall be no order as to costs.
.....................................
B. Amit Sthalekar, JM
...................................
Saibal Dasgupta, EM
April 05, 2022, Original Application No. 114/2015/EZ (I.A. No. 19/2020/EZ)
AK
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