Environment ministry eases norms for industry expansion
NEW DELHI: The environment ministry has allowed companies operating in several industries, including some polluting ones, to expand capacities on the basis of a self-certification that this will not “increase the pollution load”, creating the room for potential misdeclaration (and misuse), especially in the light of a traditionally poor monitoring regime.
Earlier this week, the ministry released a user manual for online submission of an undertaking on no increase in pollution load due to expansion, on its Parivesh website.
This follows a notification issued by the ministry on March 2 which states that the Centre deems it necessary to permit increase in production capacity of processing, production and manufacturing sector with or without any change in raw material-mix or product-mix or any change in configuration of the plant without the requirement of prior environmental clearance provided that there is no increase in pollution load.
The March 2 notification is applicable to industries such as coal washing, mineral processing, pesticides, fertilizers, synthetic chemicals such as paint, cement , petrochemicals, and sugar, some of which do have a significant environmental footprint. The motivation behind the notification isn’t clear.
However, the notification itself claimed the environment ministry has received several requests from processing, production and the manufacturing sector for permitting increase in production capacity without having to go through the entire environmental clearance process again.
Independent experts said this could mean benefitting most polluting industries who may already have a very large pollution footprint.
The Centre amended the EIA (environmental impact assessment) notification 2006 on November 23, 2016 and January 16, 2020 providing flexibility. The 2016 and 2020 amendments introduced the principles of “no increase in pollution load” and exemption from seeking environment clearance if resultant increase of production capacity was less than 50%. This applied to a change in product mix, change in quantities within products, or number of products within the same category of industry. The March 2021 notification takes this further and allows any amount of expansion.
The manual on the Parivesh website provides a questionnaire and provisions for uploading documents on expansion and an undertaking that the expansion will not lead to increase in pollution load. Industries will also have to upload a “no increase in pollution load certificate” from an environmental auditor or institutions empanelled by the State Pollution Control Board or Central Pollution Control Board or Ministry of Environment, Forest and Climate Change.
If on verification, the CPCB or SPCB , after giving the project proponent the opportunity of being heard, holds that such expansion or modernisation results in increase in pollution load, the exemption claimed under the clause shall become invalid. Also, such an exemption will be applicable if the industry installs Online Continuous Monitoring System (OCMS) with at least 95% uptime, connected to the servers of the CPCB or SPCBS.
“The ease of “no increase in pollution load” was introduced to the environment clearance process from 2016, to gradually exempt project expansions from the purview of carrying out impact assessments or public hearings. Until now, this exemption was applicable up to 50% expansion.
The new amendment has ensured that expansion of some of the most polluting industrial operations, i.e.chemical fertilizers, coal washing, mineral processing, petroleum refining, asbestos and cement production, can be carried provided a “no increase in pollution load certificate” can be produced by the project authorities,” said Kanchi Kohli, legal researcher, Centre for Policy Research. for the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, signalling the emergence of MK Stalin, 62, as one of the most powerful regional leaders in the country; an unprecedented return to power for the Left Democratic Front (LDF), headed by Pinarayi Vijayan, in Kerala; and a successful defence by the incumbent Bharatiya Janata Party (BJP) in Assam.
Meanwhile, the Election Commission – criticised for allowing the poll campaign to go on with thousands attending rallies without following any Covid appropriate behaviour despite a raging pandemic – has now introduced measures for counting of votes.
In view of the rising coronavirus cases, all EVMS and VVPATS at the counting centres will be sanitised before the process begins on Sunday.
“Masks, face shields and sanitisers will be kept outside the centres for those involved in the exercise. At least 15 rounds of sanitisation will be done at each centre during the process. We have made a special arrangement for this,” an EC official told news agency PTI.
The poll panel has decided to place tables in a counting hall in such a way so that social distancing norms are maintained.
Separately, candidates and their agents will have to produce a negative Covid test report or a double dose of vaccination certificate to get an entry into a counting centre.
The measures come as Bengal saw an exponential rise in the number of Covid-19 cases in the state as the campaign went on in the recent weeks. On Friday, the state recorded its highest single-day toll linked to the viral illness, with 96 people succumbing to the disease. It also added 17,411 new cases – also a record – that took its tally to 828,366. informed by multiple hospitals about the shortage of oxygen due to supply scarcity.
The court also warned that it may consider initiating contempt proceedings against the Centre if the allocated oxygen is not supplied to Delhi.
“Water has gone above the head. Now we mean business. You (Centre) will arrange everything now,” the court said.
Noting that eight patients died at the Batra Hospital due to oxygen shortage, the court questioned: “Will we shut our eyes to people dying in Delhi?... Enough is enough and you [Centre] will make an arrangement.”
It also observed that since the allocation of oxygen quantities were finalized on April 20, Delhi has not received its complete quota for even a single day.
Additional solicitor general Chetan Sharma, appearing for the Centre, said that everybody is stretched.
“You (Centre) made an allocation. You fulfill it. You comply it,” the high court said.
On Saturday, chief minister Arvind Kejriwal described the news of more patients dying due to shortage of oxygen as “very painful”
“These lives could have been saved by giving oxygen on time,” he said in a tweet, reiterating his government’s demand for medical oxygen.
“Delhi should get its quota of oxygen. We can’t see our people dying like this any more. Delhi needs 976 MT of oxygen and yesterday received only 312 MT. How will Delhi breathe with inadequate oxygen?”
On Friday, the Supreme Court had also asked the Centre to consider increasing Delhi’s medical oxygen quota from the current 490MT and ensure that supply reaches the Capital. The allotted 490MT, the bench said, has not reached the Capital even once because of logistical constraints.
According to the Batra hospital, it had raised an alarm with all the government-appointed officials at 7am after not receiving its allocated oxygen. Despite this, the hospital did not receive its oxygen supply and completely ran out of liquid oxygen at 12:15pm on Saturday.
“We have been allocated less quantity of oxygen than is needed, so we are constantly running around to get oxygen every day. We have also been linked to two suppliers both of whom do not deliver the oxygen on time. And, the Delhi government tanker that was on SOS duty reached the hospital only at 1:35pm despite having been informed at 7am,” said Dr Bankata.
The hospital has currently received 1,000 litres of oxygen from the Delhi government’s SOS tanker, “which is only going to last for another 1.5 hours,” said Dr Bankata. protocol for safety and security is followed.
The bench also noted that the State Election Commission has also agreed to notify the names of people who will be in-charge of the counting centres concerned and who will be made accountable for any lapse regarding compliance of the guidelines and the assurances recorded herein.
“That designated official shall be the nodal officer to whom the candidates contesting the election or anyone interested in giving suggestion for improvising the facilities in and around the counting centres can be pursued,” the apex court said.
The bench said government officials, candidates and their agents will have to produce RT-PCR tests to show they are Covid-19 negative before entering the counting centres.
“Needless to observe that the norms specified for candidates and authorised representatives of the candidates in notification dated April 19, 2021 to produce RT-PCR or Rapid Antigen Test report or COVID-19 vaccination completion report would also apply to officials deployed or entering at the concerned counting centres as in the case of the candidates and their authorised representatives,” it said.
The top court’s directions came on a plea seeking directions for the observance of Covid-19 protocols during the counting of votes in view of the second wave of the pandemic sweeping the country.
The bench also directed the state government to ensure there will be strict curfew in and around the counting centres till the process goes on and that no victory rallies are carried out after the announcement of results.
“It is stated across the bar that additionally strict curfew would be imposed in areas as may be notified by the authorities concerned, in particular, in and around the counting centres and will be continued until the counting process of the counting centre concerned is completed in all respects, including declaration of results. “That will ensure that only the candidates and their authorised representatives would be able to visit/enter the counting centres and gathering of general public is avoided,” the bench said.
The court passed the order after taking note of several notifications and assurances from the UP SEC that Covid-19 protocols would be followed at the 829 counting centres.
It said the poll panel should preserve CCTV footage of counting centres in the state till the Allahabad high court concludes its hearing on related petitions before it. “We also place on record the undertaking given by the UP SEC through counsel that the CCTV recording at the designated counting areas and centres will be done and duly preserved until such time, as the HC may direct in the proceedings being PIL pending before it,” it said.
While disposing of the petitions, the apex court said it will be open to the parties to make application before the HC in the pending proceedings for further directions, as may be required from time to time.
During the hearing, advocate Shoeb Alam, appearing for petitioner Sachin Yadav, said there are lakhs of candidates in the fray. The congregation of a huge number of poll officials and counting agents at the counting centres should be avoided in view of the surge of infections, he said. Yadav had challenged an Allahabad high court order allowing panchayat elections to continue in the state.
His lawyer Alam said there should be adequate safeguards as the counting process will go on for a couple of days. Over 60 crore ballot papers were printed and have to be counted, he pointed out.
He also referred to a note from the UP primary teachers association saying more than 700 people had lost their lives during the polls.
Appearing for the UP SEC, additional solicitor general Aishwarya Bhati said directions have been issued from time to time and senior officials have been given the responsibility for maintaining Covid-appropriate behaviour. She gave an assurance that there would be strict compliance of such behaviour at the counting centres and the counting would be done in shifts so there are no congregations at any particular time.