TN allows reopening of Sterlite plant for 4 mths to produce O2

CHENNAI/NEW DELHI: Tamil Nadu on Monday granted temporary permission to a shuttered copper plant in Thoothukudi to reopen for medical oxygen production for four months, almost three years after the facility was closed over pollution concerns after the deaths of 13 protesters in police firing.

Hours later, Vedanta Industries, the plant’s owner, opposed the Supreme Court’s suggestion to let Tamil Nadu government operate the oxygen producing unit at the plant, saying “it is just beyond the competency and financial ability of the government to run this oxygen plant.” The next hearing in the case is on Tuesday.

Last week, Vedanta moved the Supreme Court for permission to operate its oxygen producing unit at the Thoothukudi’s Sterlite copper plant, which was shut down in May 2018, citing dire oxygen shortages across the country dealing with surging Covid-19 infections. The Madras high court in August 2020 rejected Vedanta’s petition to reopen the plant. The Supreme Court also rejected requests to reopen the plant for a trial run on January 22 this year.

To be sure, the Tamil Nadu government order didn’t mention that the administration will run the plant but mentioned that a government committee, including civil society members, will be set up to oversee the plant’s functioning.

Submitting its affidavit in the apex court, Vedanta said the oxygen plant must be operated by its own team, under possible supervision of a central government’s expert body such as the Central Pollution Control Board or the Ministry of Environment, Forest and Climate Change (MoEF).

“The running of the oxygen plant by the state government is likely to pose grave danger not only to the assets but to the personnel deployed for operation, as the operation critically involves the operation of highpressure vessels, heavy duty compressors, high voltage equipment and proprietary control systems. There is a high probability that if untrained personnel were to operate the oxygen plant, the quality of oxygen produced can be substandard and may not be safe for use,” stated its affidavit in the top court.

The Tamil Nadu government decision came after an all-party meeting passed a unanimous resolution that set five rules: only the oxygen unit will function, not the copper smelter; preference for oxygen will be Tamil Nadu; a supervising committee under the district collector, superintendent of police, Tamil Nadu Pollution Control Board, two state officials knowledgeable in oxygen production along with civil society, non-governmental organisations and anti-Sterlite protestors, will be formed ; admission passes will be given to workers operating the oxygen unit; and the state will provide security and supply electricity, or howsoever long the plant functions, depending on oxygen needs. “This is only a temporary permission and attempts shouldn’t be made to turn this into a permanent permission to produce oxygen or to reopen the facility,” Thoothukudi MP K Kanimozhi said.

The meeting led by chief minister Edappadi Palaniswami was attended by representatives from eight political parties including the ruling All India Anna Dravida Munnetra Kazhagam, opposition Dravida Munnetra Kazhagam, Bharatiya Janata Party, Congress, Left and other regional parties.

The copper unit was sealed by the state government in May 2018, days after 13 agitators were killed in police firing during a violent protest against pollution caused by the facility in the southern district.

Reopening of the plant continues to be a sensitive issue in Tamil Nadu as local residents and activists fear that the company is attempting to gain backdoor entry. “This polluting company made it hard for us to breathe and now they want to help in oxygen production? It seems suspicious to us and we will never accept for it to be reopened,” said S Gunaseelan, an anti-Sterlite activist in Thoothukudi.

In the top court last week, Vedanta’s plea was opposed by the Tamil Nadu government, citing law and order and local residents’ anger towards the company.

The state’s resistance had prompted the court to asks the Tamil Nadu government if it was willing to operate the plant on its own. In its response, Vedanta maintained that its oxygen plant had a capacity of 1050 MT per day and that this plant is a non-polluting unit which can be operated without touching the copper smelter.

THE TAMIL NADU GOVERNMENT’S DECISION CAME AFTER AN ALL-PARTY MEETING PASSED A UNANIMOUS RESOLUTION