ENVIRONMENTAL REGULATIONS

 What is a Diesel Generator?

A diesel generator is used to generate electric energy by using a diesel engine along with an
electric generator. A diesel generator can be used as an emergency power supply in case of
power cuts or in places where there is no connection with the power grid.

 Satish Govind vs President and Secretary Windsor (1 November, 2022)

National Green Tribunal directs for replacing 15 years old diesel generator sets with
new ones which run on cleaner fuel

The bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial
Member), JJ., and A. Senthil Vel (Expert Member), directed that old diesel generator sets
must be discarded and be replaced with new ones.

In the instant matter, an application was filed by the applicant, Satish Govind with regards to
violation of air quality norms by operation of diesel generators by the Management Board of
the Windsor Park Residents Welfare Association (WPRWA) at Ghaziabad, UP.

Facts of the case-

The Applicant contended that the Windsor Park society has 12 towers of 10 to 23 floors, but
the chimneys of all DG sets end right above the DG sets, thus releasing all exhaust emissions
at the ground floor level. These chimneys are not extended to above the roof heights of the
residential towers. The applicant also contended that many residents, especially ones living
on lower floors, have been suffering from pollution for years and despite complaining to the
Management Board of WPRWA verbally in meetings, no action was taken.

Tribunal order-

The Tribunal vide order dated 18-10-2021, directed them to enforce Graded Response
Action Plane (GRAP) with regards to DG sets and called for remedial action for upholding
the air quality and noise quality standards in the operation of DG sets. The Tribunal further
directed the CPCB, State PCB and District Magistrate to take further remedial action and
furnish an action taken report. The Tribunal stated that

"Potential for air pollution by diesel generator sets is well known. This requires effective
safeguards and regulation by the statutory authorities for protection of public health and
enforcement of rule of law. Air Act empowers the PCBS to take remedial action against
operation of DG sets violating air quality norms."

The Tribunal vide order 16-3-2022, issued the notice to Residents Welfare Association and
directed the State of UP to issue a State-wide policy and monitoring mechanism to deal with
similar violations.

 What is GRAP, Delhi-NCR’s action plan to combat rising air pollution?

To fight air pollution effectively, the Central Pollution Control Board (CPCB) rolled out the
graded response action plan (GRAP) in 2016. It was implemented in January 2017 by the
Ministry of Environment, Forest and Climate Change.

The GRAP is a set of emergency measures that are implemented incrementally in four stages
depending on the severity of air pollution. The latter is determined by air quality index (AQI).
When particulate matter (PM) 2.5 level in the air is between 61 and 120, it is is considered
‘moderate to poor’ AQI; 121 to 250 is ‘very poor’, 251 to 350 is ‘severe’ and more than 350
is ‘severe plus’.

The first stage of GRAP is imposed when air quality is in the ‘poor’ category. The
government imposes heavy fine on garbage burning and sweeping without sprinkling water.
The action also includes sprinkling water on roads with heavy vehicular movements.

When the air quality is observed in the 'very poor' category, the next phase is rolled out,
necessitating a ban on diesel generators, increased parking fee, increased bus and metro
frequency and issuing advisories for children, elderly and people with respiratory problems to
remain indoors.

Once the air quality breaches 'severe' category, the next phase can be imposed with ban on
hot mix plants, brick kilns and crushers. All construction materials are to be covered and
heavy fine can be imposed for non-adherence.
The fourth and final phase is enforced when the air quality enters the 'severe plus' category. In
such an emergency, GRAP implementation can suspend all the construction works, heavy
vehicles can be stopped from entering Delhi's borders, and schools can be shut down.

 What is CAQM?

The Commission for Air Quality Management (CAQM) is a statutory body formed under the
Commission for Air Quality Management in National Capital Region and Adjoining Areas,
Act 2021.

The Commission basically aims at better coordination, research, identification, and resolution
of problems related to air quality in NCR and adjoining areas.

Adjoining areas refer to areas in the neighbouring states of NCR namely, Punjab, Haryana,
Uttar Pradesh and Rajasthan.

The air quality around Delhi-NCR has been monitored and managed by multiple bodies
before the CAQM was established. The bodies included the Central Pollution Control Board
(CPCB), the state pollution control boards, the Environment Pollution (Prevention and
Control) Authority (EPCA) of NCR, and the various state governments concerned.

These bodies are further monitored by the Union Ministry of Environment, Forests and
Climate Change and also the Supreme Court.
ARTICLE SUMMARY
  Guidelines issued w.e.f July 1, 2023-

The Central Pollution Control Board in collaboration with the Ministry of Environment and
Forest has laid down fresh emission regulations for diesel genset. The standards will apply to
all the sets assembled, manufactured and imported to India. The new guidelines will be
implemented from July 1, 2023.

As per the guidelines,

 the emission of oxides of nitrogen and hydrocarbons in a diesel generator with up to 8

kW power should not exceed 7.5 g/kWh.
 The emission of carbon monoxide should not exceed 3.5 g/kWh and the particulate
matter should be under 0.30 g/kWh.
 For generators between 8 kW and 19 KW power, the emission limits of oxides of
nitrogen and hydrocarbons have been decreased.

While the previous guidelines by the board in 2019 had set this limit at 7.5 g/kWh for gensets
with power up to 19 kW, it has now been brought down to 4.7 g/kWh. However, the emission
limit of carbon monoxide and particulate matter for this category of genset remains the same
at 3.5 g/kWh and 0.7 g/kWh respectively.

 CAQM issues Sept 30 deadline for retrofitting DG sets in NCR

 All establishments have been given time till September 30, the CAQM
said, post which the use of diesel generators will not be allowed in
any circumstance anywhere in the NCR.

 It also stressed that DG sets under 19 kW will not be allowed even

for emergency services, and both private and government
establishments must ensure compliance of these directions.

 By installing a dual fuel kit, a generator can use both diesel as well as
greener fuels such as CNG or PNG to produce electricity. The
generator sets running on gas are cleaner and produce less pollution
as compared to DG sets, according to energy experts.
 The direction issued by CAQM on June 28 said,” The commission
issued a revised schedule for regulated operations of DG sets across
all sectors in the NCR, including industrial, commercial, residential and
office establishments etc. which would come in force in the entire
NCR strictly w.e.f 01. 10.2023. It was accordingly also directed that
retrofitting of dual fuel kits or ECDs, wherever warranted as per the
revised schedule, must be targeted to be completed latest by
30.09.2023, failing which the use of the diesel genset shall not be
permitted under any circumstance, anywhere in the entire NCR
including for use in essential services.”