Though the Union Ministry of Environment, Forest and Climate Change (MoEFCC) took a bold step by notifying the latest amendments to the Environment (Protection) Act for better monitoring and utilisation of fly ash by coal-based thermal power plants (TPPs) in the country, its implementation is going to be a hectic task for the Government. Fly ash can be used extensively in construction works but due to improper handling, it ends up in neglected ash ponds in dangerous quantities, polluting surface and ground water. This draft is the fifth amendment to the fly ash notification which came into existence in 1999. This notification has introduced a three-year cycle to achieve average ash utilisation of 100 per cent. In the three year cycle, the ash utilisation should not fall below 80 per cent in any year. However, the first three-year cycle is extendible by another one year or two years for power plants with ash utilisation percentage in the range of 60-80 per cent or less than 60 per cent, respectively.

 

Non-complying power plants are directed to provide ash free-of-cost to agencies engaged in construction activities within a 300 km radius. Transportation cost is also to be borne be power plants. The notification also mandates that all power plants share the real-time data on ash availability with CPCB. Measures for ash utilisation by new thermal plants and all mines have also been outlined in the draft, along with ash pond maintenance guidelines. Since last several years Vidarbha region has become a major hub of Coal based power generation in Maharashtra. Coal based power plants of more than 17,000 MW installed capacity are already established in Vidarbha. Which is 73% of installed capacity of 2,300 MW in entire State. Demand for power in Vidarbha is only 1,700 MW and balance 15,300 MW is supplied to rest of Maharashtra.

 

“Consumption of electricity in Pune Division alone is more than the consumption of entire Vidarbha region. Inspite of such a huge demand in Pune region there is no power plant in Pune,” Sudhir Paliwal, Convenor, Vidarbha Environmental Action Group (VEAG) told The Hitavada. “The existing TPPs in Vidarbha are generating over 1,00,000 tons of fly ash per day, most of this is unutilised and dumped in ash ponds which frequently breach due to pressure from excess quantity and pollute the rivers. Therefore, we welcome the new fly ash notification because it will help in 100% utilisation,” said Paliwal. Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB) shall be the enforcing and monitoring authority for ensuring compliance. The District Magistrate of the provisions and shall monitor the utilisation of ash on quarterly basis. “The TPPs are normally acquire agriculture lands from farmers and use these lands for fly ash dumping. These fly ash ponds damages the crops in its surrounding. Now the new notification will help to curb land acquisition from farmers and also help to reduce crop drop,” said Paliwal. 

 

Penalty regime for non-compliance The latest amendment, introduced a penalty regime for non-compliance for the first time. In case of legacy ash (Ash Ponds), if the plant has not achieved utilisation of ash generated then the environmental compensation of Rs 1,000 per ton of unutilised legacy ash during that financial year shall be imposed. If the ash is to be transported then it shall be the responsibility of the transporters or vehicle owner to deliver ash to authorised purchaser or user agency. If it is not complied, then an environmental compensation of Rs 1500 per ton on such quantity as mis-delivered to unauthorised users or non-delivered to authorised users will be imposed besides prosecution of such non-compliant transporters by State Pollution Control Board (SPCB). The purchasers or user agencies must have to utilise the fly ash in an eco-friendly manner and if it is not compiled, then a penalty of Rs 1,500 per ton shall be imposed by SPCB on the purchaser. Similarly, compensation on building constructions shall be levied at Rs 75 per square feet of built up area of construction.