Professional Documents
Culture Documents
179
1
180
2
181
3
182
4
183
5
Annexure-1 21
57199/2022/IPC-V-HO
184
~,t ti-.~.- 33004/99 REGO. No. D. L.-33004/99
Tatar«UT
EXTRAORDINARY
'+fJ1T II-~ 3-'3"'9'" -~ (i)
PART II-Section 3-Sub-section (i)
71fa 7arfa
PUBLISHED BY AUTHORITY
srfrqaa
~ ~. 22 ~. 2022
m.cfiT.f.t 143(i). +ta war, rufazwr (izerv) af1fa, 1986 (1986 91T 29) cFl" mu 6 ~
m 25 wu ™ !?~ 91T ~ +za gr, rzaaw («irrw) sf,far, 1986 91T ~ zj"J?it~ cf)B. ~
f.-l i;;i R-1 f© a mi:r ~ ~:, ar~:-
1. +if@na arr zit qr:
(1) ~ ITTm cf1T ~ ~ 9l.ltclza, (iea) +intra fa, 2022 2
(2) ~ ~ ij ~ ~ >fcfiT!?R cFl" ~it~ ~I
2. qufawr (izau) fan, 1986 ii, 44Rt-I ii, i. 74 rufaf a n r faffeaa faf at
ar srunrr, rrfa:.-
74" "{?:~ mil- it '3 ,ti ;;r;, fafaaa Tara 250 f@frat/uauT3
m,=ft cF)- r<f'i a+=] ~ (~ cF)- ~ rrr«) 14 1TTIT (m-rr cil 2. '-h14 it
cfi1f it~ 7.5 fu)
6
22
57199/2022/IPC-V-HO
2 185
THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11-SEC.
7. fcf>m ITT if~# 3ffilcp ~um·~~~~~ "fl cfi+f "fl cfi+f ~ fctw11412.,c ~ ~
$zwzi#tuna far sa afe
. · 8. ~ ~~~-,cm~ f.-14 ?! 01 at± /7au fviru Fil fa 4 i rnr f.:tmfta- J,l:l ;,r1 mm/~
~ J ct-1 '41 f.-l 4 ?1 0 I Rl?IT-f.nfl<TT cf)T ~ ~ ~ I
7
23
3
57199/2022/IPC-V-HO
[tT II av 3(@)] 186
feuu : 4a fz a ztsua, araU, TT II, aw€ 3, 5r-ave (i) +aria 19 +iaz, 1986 +
a1.a. 844 (r) arr 7afa far nu a sit 04 +4ax, 2021 ft fr+qaar mr.a.f. 724 (3)
rt zifa a +iitfa far
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 22nd February, 2022
G.S.R. 143(E).In exercise of the powers conferred by sections 6 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to
amend the Environment (Protection) Rules, 1986, name\y:-
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Environment (Protection) Rules, 1986, in the SCHEDULE-I, for entry at SI. No. 74, the
following entry shall be substituted, namely: -
250 mg/Nm'
Brick Particulate matter in stack emission
"74
Kilns Minimum stack height (Vertical Shaft Brick Kilns)
Notes:
1. All new brick kilns shall be allowed only with zig-zag technology or vertical shaft or use of Piped
Natural Gas as fuel in brick making and shall comply to these standards as stipulated in this
notification.
2. The existing brick kilns which are not following zig-zag technology or vertical shaft or use Piped
Natural Gas as fuel in brick making shall be converted to zig-zag technology or vertical shaft or use
Piped Natural Gas as fuel in brick making within a period of (a) one year in case of kilns located
within ten kilometre radius of non-attainment cities as defined by Central Pollution Control Board
(b) two years for other areas. Further, in cases where Central Pollution Control Board/State
Pollution Control Boards/Pollution Control Committees has separately laid down timelines for
conversion, such orders shall prevail.
3. All brick kilns shall use only approved fuel such as Piped Natural Gas, coal, fire wood and/or
agricultural residues. Use of pet coke, tyres, plastic, hazardous waste shall not be allowed in brick
kilns.
4. Brick kilns shall construct permanent facility (port hole and platform) as per the norms or design
laid down by the Central Pollution Control Board for monitoring; of emissions.
5. Particulate Matter (PM) results shall be normalized at 4% CO2 as below:
PM (normalized) = (PM (measured)x 4%) (% of CO measured in stack), no normalization in case
CO, measured 4%. Stack height (in metre) shall also be calculated by formula H=I4Q" (where
Q is SO, emission rate in kg/hr), and the maximum of two shall apply.
8
24
57199/2022/IPC-V-HO
4 187
THE GAZETTE OF INDIA: EXTRAORDINARY [PART IISEC.
6. Brick kilns should be established at a minimum distance of 0.8 kilometre from habitation and
orchards. State Pollution Control Boards/Pollution Control Committees may make siting er
stringent considering proximity to habitation, population density, water bodies, sensitive rece1
etc.
7. Brick kilns should be established at a minimum distance of one kilometre from an existing
kiln to avoid clustering of kilns in an area.
8. Brick kilns shall follow process emission/fugitive dust emission control guidelines as prescrib
concerned State Pollution Control Boards/Pollution Control Committees.
9. The ash generated in the brick kilns shall be fully utilized in-house in brick making.
10. All necessary approvals from the concerned authorities including mining department of
concerned State or Union Territory shall be obtained for extracting the soil to be used for I
making in the brick kiln.
11. The brick kiln owners shall ensure that the road utilized for transporting raw materials or brick
paved roads.
12. Vehicles shall be covered during transportation of raw material/bricks".
[F. No. Q-15017/35/2007-C
NARESH PAL GANGA WAR, Add1.
Note : The principle rules were published in the Gazette of India, Extraordinary, Part II, Section 3,
section (i) vide number S.O. 844(E), dated the 19th November, 1986 and lastly amended
number G.$.R. 724(E), dated the 04" October, 2021.
Uploaded by Dte. of Printing at Government oflndia Press, Ring Road, Mayapuri, New Delhi-1 10064
and Published by the Controller of Publications, Delhi-1 10054. A0OK KUMAR E277%
9
Annexure-2 20
57199/2022/IPC-V-HO
188 iarr rarur freirur at±
CENTRAL POLLUTION CONTROL BOARD
qziiaur, aa vi sierara ufaa 1inaa ma art
MIN ISTR Y OF EN VIR ON MEN T, FOR EST & CLIMATE CH AN GE GOVT. OF IN D IA
Speed Post/Email
To
The Member Secretary,
All State Pollution Control Boards/ PCCs
(As Per List)
Sir,
(S.K. Gupta)
Addi. Director & DH, IPC-V
Encl: as above
Copy to:
(S. K. Gupta)
Tatar«UT
EXTRAORDINARY
'+fJ1T II-~ 3-'3"'9'" -~ (i)
PART II-Section 3-Sub-section (i)
71fa 7arfa
PUBLISHED BY AUTHORITY
srfrqaa
~ ~. 22 ~. 2022
m.cfiT.f.t 143(i). +ta war, rufazwr (izerv) af1fa, 1986 (1986 91T 29) cFl" mu 6 ~
m 25 wu ™ !?~ 91T ~ +za gr, rzaaw («irrw) sf,far, 1986 91T ~ zj"J?it~ cf)B. ~
f.-l i;;i R-1 f© a mi:r ~ ~:, ar~:-
1. +if@na arr zit qr:
(1) ~ ITTm cf1T ~ ~ 9l.ltclza, (iea) +intra fa, 2022 2
(2) ~ ~ ij ~ ~ >fcfiT!?R cFl" ~it~ ~I
2. qufawr (izau) fan, 1986 ii, 44Rt-I ii, i. 74 rufaf a n r faffeaa faf at
ar srunrr, rrfa:.-
74" "{?:~ mil- it '3 ,ti ;;r;, fafaaa Tara 250 f@frat/uauT3
m,=ft cF)- r<f'i a+=] ~ (~ cF)- ~ rrr«) 14 1TTIT (m-rr cil 2. '-h14 it
cfi1f it~ 7.5 fu)
11
22
57199/2022/IPC-V-HO
2 190
THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11-SEC.
7. fcf>m ITT if~# 3ffilcp ~um·~~~~~ "fl cfi+f "fl cfi+f ~ fctw11412.,c ~ ~
$zwzi#tuna far sa afe
. · 8. ~ ~~~-,cm~ f.-14 ?! 01 at± /7au fviru Fil fa 4 i rnr f.:tmfta- J,l:l ;,r1 mm/~
~ J ct-1 '41 f.-l 4 ?1 0 I Rl?IT-f.nfl<TT cf)T ~ ~ ~ I
12
23
3
57199/2022/IPC-V-HO
[tT II av 3(@)] 191
feuu : 4a fz a ztsua, araU, TT II, aw€ 3, 5r-ave (i) +aria 19 +iaz, 1986 +
a1.a. 844 (r) arr 7afa far nu a sit 04 +4ax, 2021 ft fr+qaar mr.a.f. 724 (3)
rt zifa a +iitfa far
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 22nd February, 2022
G.S.R. 143(E).In exercise of the powers conferred by sections 6 and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to
amend the Environment (Protection) Rules, 1986, name\y:-
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Environment (Protection) Rules, 1986, in the SCHEDULE-I, for entry at SI. No. 74, the
following entry shall be substituted, namely: -
250 mg/Nm'
Brick Particulate matter in stack emission
"74
Kilns Minimum stack height (Vertical Shaft Brick Kilns)
Notes:
1. All new brick kilns shall be allowed only with zig-zag technology or vertical shaft or use of Piped
Natural Gas as fuel in brick making and shall comply to these standards as stipulated in this
notification.
2. The existing brick kilns which are not following zig-zag technology or vertical shaft or use Piped
Natural Gas as fuel in brick making shall be converted to zig-zag technology or vertical shaft or use
Piped Natural Gas as fuel in brick making within a period of (a) one year in case of kilns located
within ten kilometre radius of non-attainment cities as defined by Central Pollution Control Board
(b) two years for other areas. Further, in cases where Central Pollution Control Board/State
Pollution Control Boards/Pollution Control Committees has separately laid down timelines for
conversion, such orders shall prevail.
3. All brick kilns shall use only approved fuel such as Piped Natural Gas, coal, fire wood and/or
agricultural residues. Use of pet coke, tyres, plastic, hazardous waste shall not be allowed in brick
kilns.
4. Brick kilns shall construct permanent facility (port hole and platform) as per the norms or design
laid down by the Central Pollution Control Board for monitoring; of emissions.
5. Particulate Matter (PM) results shall be normalized at 4% CO2 as below:
PM (normalized) = (PM (measured)x 4%) (% of CO measured in stack), no normalization in case
CO, measured 4%. Stack height (in metre) shall also be calculated by formula H=I4Q" (where
Q is SO, emission rate in kg/hr), and the maximum of two shall apply.
13
24
57199/2022/IPC-V-HO
4 192
THE GAZETTE OF INDIA: EXTRAORDINARY [PART IISEC.
6. Brick kilns should be established at a minimum distance of 0.8 kilometre from habitation and
orchards. State Pollution Control Boards/Pollution Control Committees may make siting er
stringent considering proximity to habitation, population density, water bodies, sensitive rece1
etc.
7. Brick kilns should be established at a minimum distance of one kilometre from an existing
kiln to avoid clustering of kilns in an area.
8. Brick kilns shall follow process emission/fugitive dust emission control guidelines as prescrib
concerned State Pollution Control Boards/Pollution Control Committees.
9. The ash generated in the brick kilns shall be fully utilized in-house in brick making.
10. All necessary approvals from the concerned authorities including mining department of
concerned State or Union Territory shall be obtained for extracting the soil to be used for I
making in the brick kiln.
11. The brick kiln owners shall ensure that the road utilized for transporting raw materials or brick
paved roads.
12. Vehicles shall be covered during transportation of raw material/bricks".
[F. No. Q-15017/35/2007-C
NARESH PAL GANGA WAR, Add1.
Note : The principle rules were published in the Gazette of India, Extraordinary, Part II, Section 3,
section (i) vide number S.O. 844(E), dated the 19th November, 1986 and lastly amended
number G.$.R. 724(E), dated the 04" October, 2021.
Uploaded by Dte. of Printing at Government oflndia Press, Ring Road, Mayapuri, New Delhi-1 10064
and Published by the Controller of Publications, Delhi-1 10054. A0OK KUMAR E277%
14
25
57199/2022/IPC-V-HO
193
List of all State Pollution Control Board & Pollution Control Committee
15
26
57199/2022/IPC-V-HO
194
16
27
57199/2022/IPC-V-HO
195
29. The Member Secretary 30. The Member Secretary
West Bengal Pollution Control Andaman & Nicobar Islands Pollution
Board Control Committee,
ParibeshBhavan, 10-A, Block Department of Science & Technology,
LA, Dollyganj Van Sadan, Haddo P.O.
Sector III, Salt Lake City, Port Blair- 744102 (Andaman &
Kolkata-700 091 (West Bengal) Nicobar)
31. The Member Secretary 32. The Member Secretary
Chandigarh Pollution Control Pollution Control Committee,
Committee UTs of Daman, Diu and Dadra &
Paryavaran Bhawan, Ground Nagar Haveli
Floor, Fort Area, Court Compound,
Sector-19 B, Madhya Marg, Moti Daman- 396 220
Chandigarh- 160 0 I 9
17
28
57199/2022/IPC-V-HO
196
List of all Regional Directorates
18
197 Annexure-3
19
198
20
199
21
200
22
201
23
202
24
203
25
204
26
205
27
206
28
46
44
77735/2022/LAW-HO Annexure-4
207
ANNEXURE A-4
From,
Sanjay Singh,
Secretary
Uttar Pradesh Government.
To,
Sir,
29
47
45
77735/2022/LAW-HO
208
2. Ordinary clay or sand extraction for making clay tiles by manual
mining.
4. Mining of sand and general soil from sources located in the Gram
Panchayat for personal use or community work in the village as per
custom.
7. Digging and siltation of dams, ponds, bunds, barrages, rivers and canals
for the purpose of their maintenance and disaster management.
9. Manual extraction of lime balls, sacred places, etc., within the inter-
tidal zone by the traditional community.
30
48
46
77735/2022/LAW-HO
209
13. "Such activities which have been declared by the State Government
under legislation or rules to be non-mining activities."
"Ordinary soil, done by hand for making bricks and pottery, or by hand
operation to remove ordinary soil, shall not come under mining operations,
provided that the depth of the pits resulting from such excavation or mining
will not be more than 02 meters."
31
49
47
77735/2022/LAW-HO
210
3. Therefore, please ensure compliance of the said notification dated:
28.03.2020 issued by the Ministry of Environment, Forest and Climate
Change, Government of India.
Sd/- Illegible
(Sanjay Singh)
Secretary.
3. Guard File.
Sd/- Illegible
(Bharat Prasad)
Under Secretary
32
50
48
77735/2022/LAW-HO
211
33
51
49
77735/2022/LAW-HO
212
34
Annexure-5
213
35
214
36
215
Versus
ORDER
1. Mr. Abhishek Panwar has filed the present application under Sections
14 and 15 of the National Green Tribunal Act, 2010 in public interest for
agitating the cause of severe level of air pollution and degradation of water
of brick kilns in clusters and near water bodies and due to failure on part of
to the environment of the area which is causing serious damage to the health
under :-
(i) As per the status of brick kilns in the State of Uttar Pradesh provided by
UPPCB in Saharanpur around 263 Brick Kilns have been established out of
which 25 units have not applied for permission for CTO from UPPCB and
37
216
O. A. No.819/2022 Abhishek Panwar Vs. UPPCB & Ors.
-2-
closure order has been issued against them but prosecution has been
launched only against 3 units and no action has been taken against majority
(ii) the closure orders passed by UPPCB are nothing more than a paper
stringent and effective action these illegal bricks kilns are still operating at
the same place just by changing the name on paper as no Khasra number
is mentioned.
(iii)brick kilns are operating very close to each other and not maintaining the
distance of minimum 500 meters between them. Also, the same are
established very close to the residential complex, schools, etc. The siting
criteria provided under the rules is being violated by the brick kiln operators
and the UPPCB has failed to take necessary action against them.
(iv) the Secretary of the Uttar Pradesh Environment Department issued a letter
public good, the MoEF has granted exemption from prior environmental
clearance for certain categories of works in which brick kilns are not
clearance for manual excavation of soil by hand digging, provided that the
depth of pits resulting from such excavation or mining shall not exceed 2
the brick makers to openly exploit and harm the ecology and environment
for own commercial advantage without any check. The brick makers of
Saharanpur do not record the daily data of soil excavation at the project site
and many kiln owners are openly violating the said rules by digging the soil
for more than 2 meters and no action has been taken against them by the
concerned authorities.
38
217
O. A. No.819/2022 Abhishek Panwar Vs. UPPCB & Ors.
-3-
(v) the brick kilns operators of District Saharanpur are using huge quantity of
underground water for casting of bricks and dust suppression but they have
(vi) almost all the brick kilns in Saharanpur have not converted to zig zag
(vii) due to operation and mushrooming of illegal brick kilns in clusters not only
the air quality of the District Saharanpur has become severe but the same
and water quality of the region. The brick kilns are operating next to Yamuna
form of searchable PDF/OCR Supported PDF and not in the form of Image
PDF.
Magistrate, Saharanpur and direct the same to meet within two weeks,
undertake visits to the site, look into the grievances of the applicant, verify the
factual position and submit its report within one month by e-mail at judicial-
not in the form of Image PDF. The State PCB will be the nodal agency for
39
218
O. A. No.819/2022 Abhishek Panwar Vs. UPPCB & Ors.
-4-
the form of searchable PDF/OCR Supported PDF and not in the form of Image
PDF within one month from the date of receipt of a copy of the report of the
Joint Committee.
9. A copy of this order, along with a copy of the application and documents
attached with the same, be forwarded to UPPCB and the District Magistrate,
40