NGT to fine thermal plants over fly ash

• The National Green Tribunal (NGT) has imposed penalties of up to ?5 crore on thermal power plants that have not fully disposed of the fly ash they generated.
• The “environmental damages” for not meeting the 100% fly ash disposal criterion will have to be deposited with the Central Pollution Control Board in a month, failing which these power plants will have to pay interest of 12% per annum.
• This makes it legally binding for all thermal power plants to ensure complete disposal of or utilization of fly ash immediately.
• The order is significant because of the high contribution of fly ash to air and water pollution and its impact on crops being grown in villages around these plants.
• According to government’s notification, thermal power plants commissioned before the date of the notification will have to ensure 100% fly ash utilisation in five years. Those commissioned after the notification have to ensure 100% compliance within four years of the date of commissioning.

Fly Ash:

• Fly ash is a byproduct from burning pulverized coal in electric power generating plants. During combustion, mineral impurities in the coal (clay, feldspar, quartz, and shale) fuse in suspension and float out of the combustion chamber with the exhaust gases. As the fused material rises, it cools and solidifies into spherical glassy particles called fly ash. Fly ash is collected from the exhaust gases by electrostatic precipitators or bag filters. The fine powder does resemble portland cement but it is chemically different.
• Fly ash chemically reacts with the byproduct calcium hydroxide released by the chemical reaction between cement and water to form additional cementitious products that improve many desirable properties of concrete.
• All fly ashes exhibit cementitious properties to varying degrees depending on the chemical and physical properties of both the fly ash and cement.
• Compared to cement and water, the chemical reaction between fly ash and calcium hydroxide typically is slower resulting in delayed hardening of the concrete. Delayed concrete hardening coupled with the variability of fly ash properties can create significant challenges for the concrete producer and finisher when placing steel-trowelled floors.

About NGT:

• Principal Bench of the NGT has been established in the National Capital – New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench).
• Each Bench has a specified geographical jurisdiction covering several States in a region. There is also a mechanism for circuit benches. For example, the Southern Zone bench, which is based in Chennai, can decide to have sittings in other places like Bangalore or Hyderabad.
• The Chairperson of the NGT is a retired Judge of the Supreme Court, Head Quartered in Delhi. Other Judicial members are retired Judges of High Courts.
• Each bench of the NGT will comprise of at least one Judicial Member and one Expert Member.
• Expert members should have a professional qualification and a minimum of 15 years’ experience in the field of environment/forest conservation and related subjects.

Powers:
The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:

• The Water (Prevention and Control of Pollution) Act, 1974;
• The Water (Prevention and Control of Pollution) Cess Act, 1977;
• The Forest (Conservation) Act, 1980;
• The Air (Prevention and Control of Pollution) Act, 1981;
• The Environment (Protection) Act, 1986;
• The Public Liability Insurance Act, 1991;
• The Biological Diversity Act, 2002.

By: Vishal