BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL,

Principal Bench, New Delhi

Original Application No. 67 /2019
With
Original Application No. 138/2019

In the Matter of: -

Sumit Kumar Applicant
Vs.
State of Himachal Pradesh & Ors. Respondent( s)
With

Amarjeet Kumar Applicant

Vs.
Union of India & Ors. Respondent( s)
Index

s. Particulars Page
No. No.
1. Compliance Report (Third Report covering status as on 14.07.2020)
in compliance to Hon'ble NGT orders dated 28.03.2019 and 04.07.2019
in the matter of O.A. No. 67/2019 and 138/2019; titled as Sumit Kumar
Vs. State of Himachal Pradesh & Ors. With Arnarjeet Kumar Vs. Union
of India & Ors. before Hon'ble NGT, PB, New Delhi.
2. Annexure-I: Direction issued by CPCB to the Chief
Secretaries/ Administrators of States Governments/Union Territory
Administrations.

3. Annexure-II: Summary of the Action Taken by States/UTs in

compliance to Directions Issued for Preparing Policy on Use of Pet coke
and Furnace Oil.

4. Annexure-III: List of States/UTs which have to inform Action Taken

on CPCB's Directions Issued for Preparing Policy on Use of Pet coke and
Furnace Oil.

5. Annexure-IV: Hon'ble NGT orders dated 28.03.2019 and 04.07.2019.

(Nazimuddin)
Scientist 'E'
Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi-110032
Place: Delhi
Date: 14.07.2020
 Compliance Report on Hon'ble NGT order dated 28.03.2019 and 04.07.2019
in O.A. No. 67/2019 and O.A. No. 138/2019
(Updated Third Report, covering status as on 14.07.2020)

In compliance of Hon'ble NGT order dated 28.03.2019 and 04.07.2019 in O.A No. 67/2019
and O.A. No. 138/2019, CPCB issued directions under Section 5 of the Environment
(Protection) Act, 1986 to the Chief Secretaries/ Administrators of States Governments/Union
Territory Administrations vide letter dated 23.08.2019 (Annexure-1), directing as below:

1. State Government/Union Territory Administration shall formulate and enforce

fuel policy regarding use of pet coke and FO in the State/UT in light of various
orders passed by Supreme Court regarding use of pet coke and FO in Writ Petition
(C) 13029/1985.

2. State Government/Union Territory Administration through respective SPCB/PCC

shall take strict action against any industry if found violating the fuel policy on
use of pet coke and FO that will be enforced as above, using the powers conferred
under environmental laws.

State Governments/UT Administrations were asked to submit action taken report on above to
CPCB through their SPCBs/PCCs within one month i.e. by 23 09.2019 and reminder e-mails
were sent on 1909.2019, 01.10.2019, 11.10.2019, 23.10.2019, 08.11.2019, 20.11.2019 and
27.12.2019. Based on the ATRs received from SPCBs/PCCs, CPCB submitted a report
dated-03.01.2020 covering the status upto 31.12.2019. Hon'ble NGT considered the report
and vide order dated-07.01.2020 further directed as follows:

"13 States which have still not furnished their respective ATRs in pursuance of
direction of the CPCB dated 23.08.2019 may do so positively within one month. If
there is non-compliance after 31.03.2020, the defaulting States will be liable to
pay compensation at the rate Rs. 1 lakh per month from 01.04.2020 till
compliance. "

CPCB vide e-mail/letter dt- 14 01 .2020, 06 03.2020 and 20.03.2020further informed SPCBs
to submit action taken report. Eight more SPCBs have submitted action taken report on
CPCB's directions. Thus, ATRs have been submitted by total 27 States/UTs on CPCB's
direction dated 23.08.2019, whereas ATR from the remaining 05 States/UTs is awaited.

A summary of the AIR of 27 States/U'I's, along with copies of ATRs is annexed at

Annexure-11. List of05 States/UTs which have to inform action taken on CPCB's directions
is annexed at Annexure-UI.

i 1
 SPEED POST
B-33014/07 /'.!0'19/lPC-11/ 5;,-1..r,t --S~1-'f> i\ LI g LI l 2:',, 20 [ ()

To,
The Chief Secret4dministrators,
Govern me dst}t~~j'union Territories
(As per st enclosed -1)

Sub: Directions under Section 5 of the Environment (Protection) Act, 1986 regarding
preparing a policy on use of Pet coke & Furnace oil.

WHEREAS, rising pollution is a matter of serious concern. esp eciallv high lc·vl'h c1!
particulate matter exceeding National ambient air quality standards, 2009; and

WHEREAS, pet coke and furnace oil / fuel oil (FO) emit more S02 as compared lP othvr
conventional fuels due to high sulphur content and also contribute to forming of finer secondary
particulate matter in ambient air, which form ii significant fractions of PM (Pl\-11,1 &· Pl\ 1: ·,); .md

WHEREAS, l lon'ble Supreme Court ol India passed vide dated 24.10.20 I 7 in Writ f'vlilion
(Civil) 13029 / 19R5, banne l use of PPt coke and furnace oil in industries in the NC!{ ~L,1lt' ell
Harvana, Urtarl radesh and Rajasrhan. Accordingly, Central Pollution Control Board ;it Ih« behest

1986 to NCR state; and

WHEREAS, subsequently, Supreme Court passed Order dated 17.11.2017 in the ab ve

mentioned writ petition, noting that pollution caused by pet coke and furnace oil is not r1 problem
confined only to the NCR but appears to be a problem raced by almost all the Sl<1lt:'s ,rnd Union
Territories in the country. Hon'ble Supreme Court· requested all the State Coverruneuts ,1nd Uni 111
Territories to consider taking similar measures as have been taken by the Coverumout Pl lndi»
,u d the Chairman u[ U,l' :cnlr.1l Polluli 111 Control HL,,Hd (tlwr1~by rvfrrrin:.'., t,, l lu: .tl11•\·v
mentioned Directions issued by CPC!3 to state g-0vernments of NCR states for compliouco ol
Supreme Court order dated 24.10.2017); and

WHEREAS, Hon'ble Supreme Court passed subsequent orders dated r-u :Z.2(rJ7,
05.02.2018, 26.07.2018, 09.'102018 in the above writ petition; and

WHEREAS, Hon'ble Supreme .ourt in above mentioned order dated O0.10.'.?.ll lH noted
CPCB's report regarding use of pet coke as feed stock in CFC units wherein it was recormur-udcd
that due to emission of S02 in high concentrations the emissions need to be treated in FCD systems
having removal efficiency more than 90% and also noted that the views expressed by CI'CB hav,,
been considered by tvloEF&CC which is in agreement with the CPCB; and

WHEREAS, for filling r 'Sp nse in cases O.A. No. 67 of 2l119 Sum it Kumar V :-; Sl,lll' ol
Hirnachal Pradesh & Ors. and O.A. No. 138 of 2019 Amarjeet Kumar Vs Union of l nd ia & l"lrs i11
Hon'ble National Cre n Tribunal, CPCB n!quested all stales governments vidc t rn,,il daled
01.02,2019 to pro ide details of measures tnken for banning use of pet coke and furn<1(1-· ()i I in their
state as suggested by the Hon'ble Supreme Court vide its order dated 17.11.20] 7; c1nd

2- i 2
 WHEREAS, Honb le National Creeu Tribunal passed Order dated 28 l13.:2tll9 in U .. ·\ No.
67r>f 1019 and 0.A. No. 138 of :2019, noting the brief on the above Supreme Court urd,.·rs
n,:gMding pct coke ,md furnace t il provided hy CPCB, and diredin5 CPCB tu issue a11prPpri.ite
dirt·chons in this regard lo LhP concerned States and l.luion Ierrrtories indic<1lin3 ,\H'r, iv«
measures against those who foil to comply with the dirvctions: nnrl

WHEREAS, Hou'ble National Green Tribunal passed further Order dated 04.07 20 J li ill
above cases, directing CPCB again to proceed to take further action in the matter (as alreadv
directed bv Order dated 28.03.2019); and ·

WJ-IEREAS, the matter was discussed by CPCB with oil refinery representative on
20.05.2019 wherein it was informed that it is technically pn-;sil,l,• to produu;, low sulphur, iii likt·
slurry oil, LSHS, LDO by refineries and that ii demand of FO is reduced, the refineries will have
to convert it either into pet coke by installing cocker, or into bitumen by enhancing rnp.i,ity c·,!
V6U which may require minimum one-vear lime, or will have to export it; and

\.VfIEREAS, as per notification no. SO. 844 (E) dated 19th November 1986 undur i.t1l1
rule 3 of rule 3, the standards for emission or discharge of environmental pollutants spL~<'ified
under sub-rule (1) or sub-rule j.l) shall be complied with b\ an industrv, oper.ilion or i•n,u--.•.
within d period of one year of being so specified; and

WHEREAS, Ministry of Environment ll',r Forests, Covernment of India, vide NotiliL:.1!1un<;

No. S. 0. 157 (E) of 27.02.1996 and S. 0. 730 (E) datccl Hl.07.2002, has ,folegated llw )lP\\'t•r--;
vested under Section 5 of' the Envirunment (Prntecti,rn) Act, 1986 (:!.SI of llJ86) tu the U 1,1i111 1.111.
Central Pollution Control Iluarcl. lcJ issue directions to any industry or any local bodv or .inv
other uu thoritv for violations of the standards and rules notified under tht: E11vir,,11t,HT1l
I it"! , ,: ; ) _ l, ,, 'fl ·; Ji ,; . I\, '1 :

NOW, THEREFORE, in view the above and in exercise of the powers vested under
Section 5 of the Environment (Protection) Act, 1986, following directions are issued:

l. Slatv Government / Union Tt:rritory Administr.ition sh,ill formulate and enlon v ltwl
poli1·y regMrlin8 use nf pd coke ;ind HJ in the Stale/ LIT in light of Vill'ious order<; i'"-;~,t·d
by Supreme Court regMding usp of pet coke and FO in \Vril Petition (C) 13029 /19~'>.

,., State Government/ Unhm Territory Administr,,liun lliwugl1 respPctive SPCB/PCl sh.ill
take strict action t1gainst any industry if found violatinf, the Juel policy on use of f'l-'l cokP
and FO that will be enforced as above, using llie pcrwPI", cunforred under envinJ11111l'H!.1!
f,l\\'S.

Action takl~Il n~pl)rl sh<1ll be subrnitted through SPCB/PCC by SL1te/UT within one nwnlh i.l'
by 23.09.:2019.

(S.f'.S. l)rtrih,1r)
Chairman
\1~\

3
Copy to:

1. The Chai rm an
SPCBs / PCCs
(As per I i st enclosed - 2)

2. The Joint Secretary (CP Division)

Ministry of Environment, Forests and Climate Ch, nge
Prithvi Wing, Zn d Floor, Room No. 216
Indira Pa ryav a ra n Bh a w an ,
Aliganj, [o r Bag!1 RoMI, New Delhi - 110003

3. The Regional Directors

Central Pollution Control Bo a rd
(As per list enclosed - 3)

J-:rhe Divisional Head - IT, CPCB

-:er~
(Pr ,1 sh <111 I (; .i q•, .i \ . .i)
Member Scrrc t a r y

4
 (
,

List of Chief Secretaries/ Administrators of States/U'I's

S. No. State Designation Address

1 Andhra Pradesh ··- ··············-...

Chief Secretary Government of Andhra Pradesh
lst !ilock, l st Floor
A.P Serretariat Office, Velagapudi - S'.22"i(l\

-
2 Arunachal Pradesh Chief Secretary Covernment of Arunachal Pradesh
Civil Secretariat
1t,ma1}lr - 791111

3 Assam Chief Secretary Govern men! of Assam Block- C, 3rd 1· IL>Pr,

Assam S,1chivalaya
Dispur - 781006, Cuwahati

4 Hih,H Chief Secretary Covr-rnrnent of Bihar

Main 5ecrrl<1riat, Patna - 800015

5 ' Chi ia ttisgarh Chief Secretary Government of Chhattisgarh Mah.madi

llh.1wil.ll, Mnntralava Ndya l~aipu1 - I <J'.:UU~

6 Cod Chi· f Secretary Government oi Goa, Secretariat, Porvruim,

Bardez, c;n,1 - 403521

--- --·--·. I

7 Gujarat Chief Secretary Government of Gujarat !st Block, ··th Floor

Sachivalaya.
Gandhinagar - 382010

8 ![in hKh,d Pradesh Cluef St·cretMy Government of Himachal Pradesh

H P Sent'lari.it, Shimla -
17100~
-
9 [anunu & Kashmir Clue] Secretary Covernment of [arnrnu & Kashmir
!{. No. 2/7, 2nd, Floor Main Uuilc!i11p,
Civil '.)l°CrelMiat, Ji1n11m1 - 18000!
KN .... 07, 3rd Floor
Civil '.~e,retariat, Srinagar - 190001

10 [h.nkh.uid Chief Secretary Goverument of [harkhand l st Flour, Pn,jr>cl

Building.Dhurwa. Ranchi- 8~HOO-l

n Karnataka Chief Secretary Covernement of Karanataka Room No T?O.

13rd Fluor Vidhana Soudha, Bcngalun1 - 0t1U
001

1'.: Kera la Chief Secret.irv Coven, men t of Ker.i !a Secretaria l,

Thiruv.manthapur.nn - b9'.:i001
•-··-·~•~•as

5
r-; Madhya Pradesh Chief Secretary Government of Madh ,a Prad · 11
,

MP Mantralaya, Vallabh Bhavan Bhup,d ...

462004
14 Maharasthra Chief Secretary Government of Maharashtra CS 011 ke Main
Building, Mantralava
6th Floor, Madame Carna Road, Mu mhai -
400032

15 Manipur Chief Secretary Government of Manipur,

South Block, Old Secretariat lmphal-7CJ<=OQ1

16 Meghalaya Chief Secretary Government of Meghalava Main Secretariat

Building Rilang !3uilding, Room No. 321
M ghalaya Secrera ria t, Shillong - 7q om

17 Mizoram Chief Secretary Government of Mizoram

New Secretariat Complex,
'
Aizwal - 79600"1

ta Nagaland Chief Secret: rv Gov .rnment of Nagaland

Civil Secretariat, Kohima-
797004
19 Odisha Chief Secretary Government of Odisha General
.'\d! iiuistr.itior. n,,p,1rtm,·11!
Odishu Secretariat Hhubi.1111-:!>w,11 - /:J IUOJ

2.0 Punjab Cltief Secretary Covernmcnt of Punjab

Ch<1ndig,11h. loOUOI
-----
21 Sikkim Chief Secrcl.uv CovPrnment of Sikkim
New Secretariat.
Langt,ik - 737101

2_ Tamil Nadu
-- I
Chief St·cretrlry Covorruneru of Tamil Nadu
Se .retariat. Chcnnai -
600009

23 Telangana Chit'£ Secretary Government of Telangana Bio k C, 'ird Floor,

Telangana Secretaria t
Khairatabad, Hyderabad, Tclangnn.i
..
24 Tripura Chief Se:::n~t.ll;;--·- Covernrn nt of Tripura New t',' re t.tr i.i t
[Comple«
s-
r~tari;it-799010, Agart<1L1 West Tripura

··~·-···- ··- · --~

6
 (

Uurakhand Chief Secret.irv Coverruncnt of Ull<1r,1khaml

25'
4 Subhash Road, Ut. .. rakh.md St:!U't•lari,ll
Dchrndun - 24800'1

West Bvng,1l Chief St·,rdary Covernmcnt of West B1•11g,1I Nal1,11111,1, 1 )\h

26
Floor, '.125, S,nal Chatterjee Road. 1\'lr111dirl.ilc1
Shibpur. Howrah -Tl 1102

Union Territory Andaman Chief Secretary Andaman and Nicobar Administration

27
and Nicobar Secretariat, Port Blair - 744101

-·-··-
Union Territory of Dadra Adminis.rarn. Secn~larial. Moti. Silvasa. D,1111,m - 39h220
28
and
Nagar Haveli
Union Territory of Daman &. Administrator Secretarial, Moti,
29
Dilt Dr1n1<1n - 3% 220

30· Union Territory Administrator Lakshadwcep. Kavaratti -

of Lal.sh.idweep bS2555
---
Union Territory of Chief Secretarv Chier Secretariat, Coubert Avenue,
31
Puducherry F'udu herry - 605001

.'\ cl :11 i !1 i~ ;J:, t~~•,,-•r Punjab Raj Bhavan. Sector 6,

:r:~. \ ln•<1•1 Tr-nitorv 01
;(,\IU!'I [ 11 '·: :, '
I(.. l 1,111u,g,,rl 1 \'I.._ I•.,t.· II.,i·,·
I (.,~l. I·.
i
i

'I

7
I

List 2: List of SPC.:Hs/PCCs

.---..-----------------------·.---,-----. -··-------- - -·
1. The Member Secretary 9. The Member Se cr e t a r v
An d hra Pradesh Pollution Co n t r I Board ~ujarz\l Pollution Control R1>Md
D. No. 33-26-14 D / 2, Near Sunrise Pt1r av a ra n Bh a v an. Se tor 1U-A,
Hospital, Pu s h pa Hotel Centre, Gandhi Nag a r 382 010, Gujarat
Cha Ia m a l av a r i Stre e t,
Kasturi b a ipe t, Vijayawada - 520 010

2. The Member Secretary 10. The Member Secretary

Ar u nachn l Pradesh State Pollution Control H. i m a ch a I P r a d e sh S t.1 t c Po l l u t. i o n
Board Govt. of Ar u n ach a l Pradesh, Control Board Him Par i v e s h , Phase-
Department of Environment & Forests, III,
Parya var a n Bhawan , Yu p ia Road, Pa pu New Sh i m l a - 171 009
Na lah , Naharlagun - 791 110
f--+--------------- - ·------i--1·-·--
3. The Member Secretary 11. The Member Secretary ( pril-
Pollution Control Board- Assam, Oct o b e r)
Bam un im a i da m , Guwahati - 781 02], J,~K Slate Pollution Control Bo a rd .
Assam Pariv e s h Bhawan, Sh i e k h-u l- Campus,
1
Behind Govt. Silk Factory.
Raj Bagh, Srinagar (J&K

4. The Member Secr e t ary Bihar 12. The Member Secretary

Bi har State Pollution Control Board [h ark ha n d Stale Po l l u t i o n Co n l ro l
Pa r i v e s h Bh awa n , Plot No. NS-B/2, Board
l '. ii i I, L: t :- .i , n, i u •, 1 1 c1: \ 1 ,_. d, . .i, l I t, 11 t 1 1 ' 11 ! , I!', . I : • , I' 1 ,
Patna - 800 023 Dh ur w a , Ranchi-834 004 (fharkhand)

f----t----------------------+---+-------------... -----------· ·-·

5. The Member Secretary 13. The Member Se cr e t a r y
Chhattisgarh State Environment Kar n at a k a St a te I'o l l u l io n ('nnlrul
Conservation Board, Pa ry a v as Bhawan, Board
North Block Sector-19, Aral Na g ar , Raipur "Pa r is o r a Bh av a n" #49,Hh & 5th
- 492 002, Chh a t tis g a rh Floor,
C It u r L h St l"l'. ct, TL1 n g ,ii or,' :i GO 0 0 l
6. The Member Secretary 14. The Member Secretary
Chandigarh Pollution Control Committee Ke r a l a State Pollution Control Bo ar d
Pary av ar a n Bh awa n , Ground Floor, Head Office, Pa t to m l'. 0
Se~tor-19 B, Madhya Marg, Th iru v a n a n t h a p u rarn - 695 OOtJKerala
Chandigarh - 1.60 019

7. The Me m be r Secretary 15. The Member S c re t ary

Pollution Control Committee, Ma d hy a Pr a d e h Po ll ul iuu Co nt r c l
UTs of Daman, Diu and Da d r a & Nagar boa rd
Haveli Fort Area, Courl Co m p o u n d , Pary a v a ran Pa r i sar , E-5. Ar e ra Cul >11\·

Moti Daman - 396 220 Bhopal - 462 016, Ma d h ya Pr ad e s h

t----+------------··- -- .. ----·- ··-··-... --"'··-- --- .
8. The Member Secr e tn r y , 16. The Me mb e r Secretary
Goa State Pollution Control Board Maharashtra Pollution onlrol UuMd,
Nr. Pi l e r ne In d u s t r i a l Estate, Opp. Sa l i g ao Kalp.uaru Points, 3rd & :I lli I'!( 11,r,
Seminary, Sal i g ao-Ba r d e z Goa - 403511 Sim Matunga Scheme R,Md 1 .ii 01,~1. Ci1w
Planet, Sion Circle, Siem (b), Mumbai-400 022

8
 ,,,

~-.. ------------------- ------ - --~·

25.· ··-----
Tlw Mcm--------
b e r Se,·rctary
17 The Member Secretary
Tr ipu ra State Pollution Control Bo ard
Ma n i p u r Pollution Control Board
Pa ri v es h Bhawan, Pandit Ne h ru
Lamphalpat, Imphal - 795 004,
Complex, P.O. Ku n ja b an , Co r k h a bas t l.
Manipur
Agartala - 799 006, Tripuril

!---+----------------------+---+-------------··· ----·-- ···-···

'.26. n,e Me m be r Secretary,
18. The Me m bcr Secretary
Uttc1rakhand Environment Pr o te ct i o n
Mc g hal ay a State Pollution Control Board,
& Pollution Control Board,
"ARDEN"., Lumpyngngad,
Gaura Devi Bh a wa n , 46 BIT Park
Shillong - 793 014,
Salu1stradhara, De hr a dun - 248 001,
lvfeghalaya
Uttarakhand

!---+--------------···-----····· ·-·-'---'·· 27. The --· · ·-------

Member Secretary
19. The Member Secretary
T,:bngan.1 Stale Pollution Cnntr\,I lio.1rd
Mi z.o r a m Po l l ut i on Co nrro l Bo a rd
Paryav<1rana Bhavan.
New Sl.'cretariat Complex,
A·ll I, Ind ustrial Estate, Sanathnagar.
Khutl a , Ai z awl - 796 001, Mizorarn
Hyderabad - 500 018
···-·--1-----------------------+--+-------------·······-·-- .
28. The Me m be r Secretary
20. The Me m b e r Secretary
Wesl l:leng<1l Pollution Ccintrol Bo<Hd
Nagaland Pollution Control Bo a r d
Paribesh Bhavan. 10-A, Block L.:\ .
Signal Point, Dimapur
Sector Ill, Salt Lake City,
Nagaland
Kolkata~700 091

2CJ. Tlw Member Secretary

...,! The !v1emlwr c;f'cret;H\'
;1u1lu<...iH.:n, l'•dhHH-dl ,. 1.·1.:t. l · ·. :1,: ·::i:l't'
Ud1::.ltci :A:tle I'ollutiou c1..,mrul iJv.ucl i
'B' Block, Ground Floor,
Paribesh Bhawan, A-118, Nilakantha Nagar
Chief Secretariat,
Unit VIII Bhubancswar - 751 012,
Puduchcny-euf 001
Odisha
>----1--------------···-----··-·-·· 30.
---··The ...Member
-···Secretary
- · -- -·--
22 The Member Secr e ta r y
Andaman & Nicobar Islands Pc llu lion Control
Punjab Pollution Control Board
Cumrnittee, Department of Science &
Vatavaran Bhawan. Nabha Road
Technology, Dollygunj \',u1 ~· .ulun, I L1dd,,
Patiala 147 0011 Punjab
['0., Port Blair - 744102
'.H. The Member Secretc1 r v
23. The Member Secretary
Lak.shad weep Pollution Cl.ln \rol
Sikkim State Pollution Control Board
Corrnnittee, Depart1nent of ~:it:ience,
State Land Use & Environment Cell
Technology & Environment, Kav.uali·
Govt of Sikkim, Deorali
682555
Gangtok - 737102, Sikkim
>----1---------------------····--+--.. . .1-----···--------
24. The Member Secretary
Tamil Nadu Pollution Control Board
No. 76, Mount Salai. Guindy
Chennai:- 600 032 Tarnilnadu
L--J----------······· .

9
,

List 3. List of RD's

1. The Region a I Director

Central Pollution Control Board
1st & 2nd Floors, Ni s arg a Bh a v a n , A-Block,
Thimmaiah Main Road, 7th D Cross,
Shivanagar, Be ng a lur u -560 079

2. The Regional Director

Central Pollution Control Board
Southend Conclave, Block 502, 5th & 6th Floor
1582, Rajd a nga Main Road
Ko l k at a - 700 107

3. The R gional Director

Central Polluti m Control Board
4th Floor, Sa h k ar Bh a w a n ,
North TT Na g a r,
Bh o p a l - 462 003

4. The Renion,11
0
Director
Central Pollution Control Board
Par ive sh Bh aw an. Opp. VtvlC Ward Office No. 10
Subh a np u r a , Vadodara - 390 023

"i Tlw Rt'~ion.il DirPrtor

Ce11lr,1l l 'u l l u u or. Cu11tr,.,I 1\u,1rJ
PICUP Bhawan, Ground Floor
Vibhuti Kh a nd , Co m t i Nagar
Lucknow-226010

6. The Regional Di r e c to r
Central Pollution Control Board
"TUM-SIR", Lower Mo t ln a g a r
Near fire l.higode 1-1.(J.,
Shillong - 793 014

\0
-if 10
 Annexure - II
Summary of the Action Taken by States/UTs in compliance toDirections Issued for
Preparing Policy on Use of Petcoke and Furnace Oil

SI. State/UT Reply Action Taken by State Govt. I SPCB on CPCB's

No. Dated Directions
1. Andhra 23.03.2020 SPCB has informed vide e-mail dt.-23.03.2020 that:
Pradesh • State Government vide G.O. Ms. No. 71 dt.-01.11.2017
has permitted the use of pet coke as an approved fuel
subject to installation of required air pollution control
systems by the industries using Pet Coke.
• SPCB has framed policy for use of Pet Coke & Furnace
Oil as Fuel on 13.03.2020.
• Industries using petcoke and FO to install the scrubbing
system to reduce SO2 load with minimum efficiency of
90%.
2. Bihar 01.07.2020 BSPCB has informed vide letter dated-01.07.2020 that State
Fuel Policy on use of Pet Coke and Furnace oil is notified on
29.06.2020 by Department of Environment, Forest and
Climate Change, Govt. of Bihar.
3. Chhattisgarh 15.10.2019 Office order and notification issued on 17.07.2017 and
14.08.2017 by SPCB and State Govt., respectively for
banning use of petcoke in all industries except for Cement
Plants which have been permitted subject to specific
conditions formulated by CECB.
Further, use of FO is not prohibited presently and necessary
decision will be taken this regard m future as per
requirement.
4. Goa 20.05.2020 SPCB has vide letter dt.-20.05.2020 has informed thatSPCB
vide circular dated-18.03.2020 notified the approved fuels in
the State.
5. Gujarat 22.06.2020 A Committee constituted by Gujarat SPCB recommended
that use of pet coke as fuel may be permitted only in glass
and cement sectors. On the basis of this the SPCB published
amended notification dated I 2.12.2029 (to amend the original
notification dated 26 10 2017 as amended on 06 02.2018)
6. Himachal 03.10.2019 Draft fuel policyhas been formulated by State Govt. and will
Pradesh be finalized after Bye-Election Model Code of Conduct on
getting approval of the Council of Ministers.
7. Jammu & 15.05.2020 Industries & Commerce Department, Govt. of J&K, vide
Kashmir letter 15.05.2020 informed that the Draft J&K Pet Coke and
Furnace Oil Policy is submitted to J&K PCB for necessary
action.

)1 11
 is allowed in regulated conditions with ermssion
standards for Sulphur Dioxide at 400 mf/Nm3 and
with CTO by SPCB.
17. Sikkim 29.09.2019 Notification issued on 22.03.2018 for prohibiting sale and
use of petcoke and FO as fuel in the State.
18. Tamil Nadu 20.09.2019 SPCB has informed vide letter dt. 20.09.2019 that:
1. Cement Plant is only permitted to use petcoke as fuel in
their Cement Kiln after examining case by case and all
other industrial units which have used petcoke as fuel are
stopped as per TNPCB directions issued during Sept 2017.
2. There is no restriction on use ofFO by the industries.
3. Cement Industries which are usmg petcoke and the
industries usmg FO should comply with prescribed
emission standards.
19. Telangana 09.10.2019 SPCB has informed that State Govt. has decided that petcoke
as fuel does not require to be prohibited in the State subject
to installation of air pollution control system by and
compliance of emission norms. As of now, TSPCB has
permitted only Cement Plants for use of petcoke while
issuing CFO & HWA
20. Tripura 07.09.2019 Notification issued on 0103.2018 for complete ban and
prohibition on the use of pet coke and FO.
21. Uttarakhand 23.03.2020 SPCB has informed vide e-mail dated-23 .03 .2020 that Draft
Fuel Policy is prepared and is under approval of Chairman,
PCB.
22. UT of 04.10.2019 None of the industry is using petcoke and FO in the UT.
Andaman and
Nicobar
23. UT of 25.10.2019 None of the industry is using petcoke. The policy regarding
Chandigarh FO is under consideration that no industry will be allowed to
use FO after 06 months.
24. UTofDaman 14.10.2019 None of the industries permitted to use petcoke. Use of PO is
&Diu permitted subject to compliance of 30 meters stack height
25. UT ofDadra criteria and industry equipped with APCDs for control of
and ermssion.
Nagar Haveli
26. UT of 22.11.2019 None of the industry is using pet coke and FO in the UT.
Lakshadweep
27. UT of 02.12.2019 Puducherry PCC has informed vide letter dt. 02.12.2019 that
Puducherry Draft fuel policy has been prepared and submitted to the
Government for approval

12- 12
8. Karnataka 31.12.2019 Draft fuel policy has been formulated by State Govt. and
draft policy is under process of finalization/notification.
9. Kerala 30.10.2019 KSPCB has informed vide letter dt. 30.10.2019 that Draft
fuel policy regarding use of petcoke and FO as fuel has been
prepared and submitted to the State Govt. for issumg
notification.
10. Madhya 28.09.2019 Order has been issued on 17.07.2017 by State Govt. to allow
Pradesh use of petcoke only after obtaining Consent from MPPCB.
MPPCB can allow use of petcoke on case to case basis after
proper examination of control equipment installed for control
of emission of SO2 and other pollutants. Same policy will be
adopted in case of use ofFO also.
11. Maharashtra 05.02.2020 SPCB has informed vide letter dated-05.02.2020 that:
• Fuel policy regarding use of petcoke and furnace
oilhas been framed with list of approved fuels and
tirnelines for compliance of fuel policy.
• Petcokeis allowed 111 Cement Plant/Lime Kiln,
Calcium carbide and Gasification use.
• Furnace Oil is allowed in units with conditions of 90
% scrubbing and removal of SO2.

12. Manipur 20.09.2019 Manipur SPCB has informed vide letter dt. 20.09.2019 that
none of the industry is using petcoke and FO in the State and
therefore the policy regarding use of petcoke and FO may not
be required.
13. Meghalaya 25.11.2019 Meghalaya SPCB has informed vide letter dt. 25.11.2019 that
Draft fuel policy has been submitted to the Secretary,
Forests & Environment Department, Govt. of Meghalaya for
necessary action.
14. Mizoram 18.10.2019 Mizoram SPCB has informed vide letter dt. 18.10.2019 that
neither petcoke nor FO is in use in the State. State Govt. is
considering relevant information for formulation of policy on
use of petcoke and FO.
15. Nagaland 11. l 0.2019 Nagaland SPCB has informed vide letter dt. 11.10.2019 that
Nagaland does not have any plants or industries where fuel
grade pet coke is used. Further, Dept. of Industries &
Commerce, Nagaland has been asked to prepare a policy on
the same.
16. Punjab 19.03.2020 SPCB has informed vide letter dated-19.03.2020 that:
• Draft notification for regulating the use of petcoke
and furnace oil is submitted to State Government for
issuance of notification.
• The use of pet coke and furnace oil and other liquid

IJ 13
 Annexure-III

List of States/UTs which have to inform Action Taken on CPCB's Directions Issued for
Preparing Policy on Use of Petcoke and Furnace Oil

States

l. Arunachal Pradesh
2. Assam
3. Jharkhand
4. Odisha
5. West Bengal

14
 Annexure-IV

Item Nos.09&10 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 67/2019

(I.A. No. 32/2019)
WITH
Original Application No. 138/2019
(I.A. No. 65/2019)

Sumit Kumar Applicant(s)

Versus

State of Himachal Pradesh & Ors. Respondent(s)

With

Amarjeet Kumar Applicant(s)

Versus

Union of India & Ors. Respondent(s)

Date of hearing: 28.03.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Mr. Arvind Nayar, Senior Advocate, Mr. Soumik

Ghosal, Mr. Gaurav Singh, Dr. Sandeep Singh and
Mr. Vinay Pal, Advocates

For Respondent (s): Mr. Sharat Kapoor and Ms. Salonee Agarwal,
Advocates for SAIL.
Mr. Alokke Aggarwal, Ms. Anushruti Kushagra, Ms.
Kritika Singh and Ms. Rachita, Advocates for
respondent no. 11
Mr. Sanjay Kumar, Advocate for HPSPCB

ORDER

1. The issue for consideration is prohibiting use of Petcoke and

furnace oil as fuel. Prayer of the applicant is to issue direction

15
 to the Steel Processing Unit of the Steel Authority of India in

the State of Himachal Pradesh in the light of order of the

Hon’ble Supreme Court dated 17.11.2017 in W.P No.

13029/1985 in M.C Mehta v. Union of India.

2. Vide order dated 15.01.2019, this Tribunal sought a response

from the Central Pollution Control Board (CPCB) and the

Himachal Pradesh Pollution Control Board (HPPCB).

3. Accordingly, the response has been received vide e-mail dated

15.02.2019 from the CPCB. The conclusion therein is as

follows:

“Considering the various directions and orders of

Hon’ble Supreme Court regarding use of petcoke and
furnace oil containing higher sulphur, it is required
that States and UTs, including Himachal Pradesh,
formulate fuel policies regarding use of petcoke and
FO in light of Hon’ble Supreme Court order dated
24.10.2017 (banning use of petcoke and FO in NCR
States) and 17.11.2017 (suggesting States/UTs to
take similar measures) and further Hon’ble Supreme
Court order dated 13.12.2017, 05.02.2018 and
26.07.2017 allowing use of petcoke in
industries/processes which use petcoke and furnace
oil either as feed stock (Calcined Pet Coke (CPC)
units, Aluminum industries) or where they get
absorbed along with product in manufacturing
process (cement, Lime Kiln, calcium carbide
industries). It is relevant to mention that use of Raw
Petroleum Coke (RPC) in CPC units has been allowed
with condition of 90% recovery of SO2 emission. The
same principal may be followed in industrial
processes where use of FO as feed stock is
considered by States/UTs.”

16
4. The reason for the above conclusion is huge emission of SO2

and other pollutants on account of use of Petcoke and furnace

oil by the industries which has been banned in several States

but continuing in some of the States. A Technical Expert

Committee was constituted to evaluate pollution load and as

per the report of the said Committee, pollution load of SO2 is

four times higher when Low Sulphur Heavy Stock (LSHS) and

LDO are used.

5. On consideration of the matter, we find that in view of

established adverse impact of use of Petcoke and furnace oil by

the industries, prohibition of its use may need consideration on

‘Precautionary’ principle as well as ‘Sustainable Development’

principle statutorily recognised under the National Green

Tribunal Act, 2010, the industries may have to switch over to

alternatives and cleaner fuels. We may note that air quality in

many of the locations in India is not of prescribed quality and

as many as 102 cities have been identified as “non-attainment

cities”. The said cities are spread over almost in all the States,

including the State of Himachal Pradesh. 100 industrial

clusters are declared critically polluted throughout India. This

makes it imperative that any measure which is helpful in

controlling air pollution must be preferred to the extent viable.

These aspects have been considered by the Tribunal in order

dated 08.10.2018 in O.A No. 681 of 2018 in News item

published in "The Times of India" Authored by Shri Vishwa

17
 Mohan Titled "NCAP with multiple timelines to clean air in 102

cities to be released around August 15" and order dated

13.12.2018 in Original Application No. 1038/2018 in News item

published in “The Asian Age” Authored by Sanjay Kaw Titled

“CPCB to rank industrial units on pollution levels” respectively.

6. In view of the above, we accept the report of the CPCB and

direct that the same may be given effect to. The CPCB may

issue appropriate directions in this regard to the concerned

States and Union Territories indicating coercive measures

against those who fail to comply with the directions. Response

of the States be taken and compiled within two months and

further action proposed by way of a report to this Tribunal

before the next date.

7.

List for further consideration on July 4, 2019.

Adarsh Kumar Goel, CP

K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

March 28, 2019

Original Application No. 67/2019
(I.A. No. 32/2019)
With Original Application No. 138/2019
(I.A. No. 65/2019)
AK

18
5

19
 Item No.02 & 03 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 67/2019

(I.A. No. 32/2019)
WITH
Original Application No. 138/2019
(I.A. No. 65/2019)
Sumit Kumar Applicant(s)
Versus

State of Himachal Pradesh & Ors. Respondent(s)

WITH
Amarjeet Kumar Applicant(s)

Versus
Union of India & Ors. Respondent(s)

(I.A. No. 32/2019 for stay and I.A. No. 65/2019 for stay)

Date of hearing: 04.07.2019

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

For Applicant(s): Mr. Arvind Nayar, Senior Advocate with Mr.

Soumik Ghoshal, Advocate
Dr. Sandeep Singh, Advocate

For Respondent (s): Mr. Alok Kumar Aggarwal, Mr. Panni Poddar,
Advocates for R-11
Mr. Rajkumar, Advocate for CPCB
Mr. Sharat Kapoor, Advocate for SAIL
Mr. Sanjay Kumar and Ms. Kalpana Devi,
Advocates for R-5

ORDER

1. The issue for consideration is the steps to be taken for controlling the

use of Pet-coke and furnace oil as fuel. The matter was dealt with vide

order dated 28.03.2019 in the light of the Report of the Central

Pollution Control Board (CPCB) dated 15.02.2019 to the effect that

use of Pet coke and furnace oil can be allowed only in

20
 industries/processes either as feed stock (Calcined Pet-Coke (CPC)

units, Aluminum industries) or where they get absorbed along with

product in manufacturing process (cement, Lime Kiln, calcium

carbide industries). Raw Petroleum Coke (RPC) in CPC units can be

allowed with condition of 90% recovery of SO2 emission.

2. The objection to the use of Pet coke and furnace oil, which has

already been banned in certain States, is causing of huge emission of

SO2 and other pollutants. The pollution load of SO2 is four times

higher when Low Sulphur Heavy Stock (LSHS) and LDO are used.

3. Accordingly, the Tribunal directed the CPCB to take further measures

for enforcing the above directions and to give a report to the Tribunal.

4. The report of the CPCB dated 28.06.2019 is as follows:

“MoEF&CC has replied to CPCB vide letter dated 14.06.2019

that as per Supreme Court orders use and sale of Pet-coke and
furnace oil is banned in Delhi and NCR states with exemption
granted for certain industries and import of Pet-coke across the
country is also restricted to the specified industries, and that in
reference to the other areas that are outside NCR states, the
Ministry is in the process of consultation with State
Government and other stakeholders, as mentioned in Supreme
Court order dated 27.11.2018 – “discussion are being held in a
consultative manner with regard to import of pet-coke. During
the consultation process, the Union of India, Ministry of
Environment, Forest and Climate Change and Ministry of
Commerce and Industry should consider limiting the use of Pet-
coke to industries as per letter issued by the Directorate
General of Foreign Trade to the EPCA.”

Submissions:

In view of the above, it is prayed that MoEF&CC may also be

heard in the matter considering the consultations being held by
the MoEF&CC with States in light of the proceedings in Writ
Petition (Civil) No. 13029 of 1985 in the Hon’ble Supreme
Court, and thereafter Hon’ble NGT may be pleased to pass
orders as appropriate, which shall be abided by the CPCB.”

21
5. We do not find it necessary to hear the Ministry of Environment,

Forest and Climate Change (MoEF&CC). MoEF&CC is free to hold

discussions on the subject of limiting the use of Pet-cock as per letter

of the DGFT and as per the orders of the Hon’ble Supreme Court.

Subject to that, the CPCB may proceed to take further action in the

matter. The Pet-coke and furnace oil may not be allowed except in

terms of the Report of the CPCB dated 15.02.2019 as follows:

“Considering the various directions and orders of Hon’ble

Supreme Court regarding use of Pet-coke and furnace oil
containing higher sulphur, it is required that States and
UTs, including Himachal Pradesh, formulate fuel policies
regarding use of Pet-coke and FO in light of Hon’ble
Supreme Court order dated 24.10.2017 (banning use of Pet-
coke and FO in NCR States) and 17.11.2017 (suggesting
States/UTs to take similar measures) and further Hon’ble
Supreme Court order dated 13.12.2017, 05.02.2018 and
26.07.2017 allowing use of Pet-coke in
industries/processes which use Pet-coke and furnace oil
either as feed stock (Calcined Pet Coke (CPC) units,
Aluminum industries) or where they get absorbed along
with product in manufacturing process (cement, Lime Kiln,
calcium carbide industries). It is relevant to mention that
use of Raw Petroleum Coke (RPC) in CPC units has been
allowed with condition of 90% recovery of SO2 emission. The
same principle may be followed in industrial processes
where use of FO as feed stock is considered by
States/UTs.”

6. Further report in the matter be furnished by the CPCB after three

months by e-mail at [email protected].

The application will otherwise stand disposed of.

List for consideration of the report on 06.11.2019.

Adarsh Kumar Goel, CP

S.P. Wangdi, JM

22
 K. Ramakrishnan, JM

Dr. Nagin Nanda, EM

July 04, 2019

Original Application No. 67/2019
WITH
Original Application No. 138/2019
DV

23