Once There is Damage To The 'Air Quality' Adversely Affecting The Health Of The Inhabitants, No Polluter Can Escape Liability : NGT [Read Order]

GreenPeace noted in its report Airpocalypse: Assessment of Air Pollution in Indian Cities that deadly air pollution is not a problem restricted to Delhi-NCR (National Capital Region) or even to India's metros. It is a national problem that is killing 1.2 million Indians every year and costing the economy an estimated 3% of GDP. If the country's development is important, fighting air pollution has to be a priority. Green Tribunal with its orders and judgments is also working towards that end. One such remarkable order was given by it in Charudatt Koli v. M/S Sea Lord Containers Ltd. in which it observed that "once there is damage to the air quality adversely affecting the health of the inhabitants, no polluter can escape liability for the polluting activities." Tribunal found that there was damage to the "air quality" and did not accept the stand of the respondents' that their contribution to the air pollution was not established. It observed: "Even a suspect polluter can be held accountable and precautionary principle as well as prohibitory remedial action can be required to be taken. Action may be closure of unit, requiring steps to check pollution and also requiring payment of compensation for damage to the environment. The principle of precaution, which is an established norm for sustainable development, involves the anticipation of harm and taking measures to avoid it or to choose the least environmentally harmful activity. Lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Action may be closure of unit, requiring steps to check pollution and also requiring payment of compensation for damage to the environment." Issue before the Tribunal The issue for consideration before the Tribunal was the remedial steps to be taken for control of air pollution in the outskirts of Mumbai, at and around villages Ambapada and Mahul. The major contributor to the air pollution was said to be the logistic services, storing oil, gas and chemical items, as well as oil companies releasing emissions. The emissions include Volatile Organic Compounds (VOCs) on account of loading, storage and unloading operations of hazardous chemicals at various stages. The matter was dealt with by the Tribunal through its judgment dated 18.12.2015. It was found that there was deterioration of ambient air quality causing threat to health of the residents. Probable sources were found to be activities of respondents, M/s Sea Lord Containers Limited, Aegis Logistics Limited, Bharat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited, besides other unidentified sources. Accordingly, the Tribunal vide order dated 18.12.2015 directed the Maharashtra Pollution Control Board (MPCB) to prepare a comprehensive action plan for control of air pollution. Health Impact Assessment study was directed to be carried out, apart from VOC assessment study. The Tribunal issued other incidental directions for prevention and remedial action by the operators of various projects as well as regulatory authorities. But an execution application was filed before the Tribunal alleging non-compliance of the direction dated 18.12.2015. Application Considered By Tribunal The application was taken up for consideration on 05.02.2019, in light of earlier proceedings. The Tribunal considered the report of the joint Committee dated 01.01.2019, finding as follows:- "Presence of VOCs is found in the area with concentration values more than odour threshold concentrations. Therefore, focus on control measures on dominant 'sources of emissions of VOCs is required in this case. Benzene, Styrene Toluene, Xylenes, Diethylbenzene, Trimethylbenzene and Dichlorobenzenes emerged as dominant VOCs present in significant concentrations at one or the other place in the area among total 21 VOCs detected in the area. The odour threshold values given in "Odour Threshold for Chemicals with Established Health Standard, 2nd Edition [American Industrial Hygiene Association] are referred." "Concentration of Benzene has been found below the odour threshold value of 0.47 ppm in work zone as well as in ambient air but concentration values are found to be higher than the annual standard prescribed for ambient air i.e. 5 pg/m3. Maximum value of Benzene in ambient air found to be 88.67 pg/m3[0.0277 ppm] and maximum value in work zone found to be 540 pg/m3[0.16 ppm]. It is worth to mention that Benzene is predominantly handled by BPCL refinery in the area." "Concentration of Styrene has been found above the odour threshold value of 0.0028 ppm in work zone as well as in ambient air. Maximum value of Styrene in ambient air found to be 775 pg/m3[0.182 ppm] and maximum value in workzone found to be 225 pg/m3 [0..0528 ppm]. The Styrene monomer is only handled by Logistics companies namely M/s ...

Once There is Damage To The 'Air Quality' Adversely Affecting The Health Of The Inhabitants, No Polluter Can Escape Liability : NGT [Read Order]

Shayesta Nazir

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