Disposed

Dinesh Chahal v. Union of India

NGT10 Mar 2022IA No. 266/2019 in Original Application No. 1088/2018

Case brief

AI extract

What is this about?

The Tribunal examined a CPCB report on the carrying capacity of air and soil in non-NCR Haryana regarding brick kilns. It accepted the report's findings on emission data and topsoil degradation. The court directed the State PCB to adopt the study for future consents and follow central government notifications on revised standards.

What did the court decide?

Directed the State PCB to adopt the CPCB report for future consents under the Water and Air Acts and follow the MoEF&CC notification regarding revised brick kiln standards.

Dinesh Chahal vs Union of India — Environment and Pollution | NGT (2022)

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(Court No.01)

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Item No. 02

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(By Video Conferencing)

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Original Application No. 1088/2018 (I.A. Nos. 98/2019, 100/2019, 101/2019, 119/2019 & 266/2019)

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(With report dated 28.02.2022)

Dinesh Chahal & Ors.

Applicant(s)

Versus

Union of India & Ors. Respondent(s)

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Date of hearing: 10.03.2022

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Applicant: Mr. Hitesh Malik, Advocate for Applicant in I.A 98/2019

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Respondent: Mr. Rahul Khurana, Advocate for HSPCB Mr. Kumar Rajesh Singh, Advocate for MoEF & CC

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ORDER

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Though initially question raised in the application related to validity of the order issued by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana, Chandigarh – Respondent No. 3 extending time limit for adoption of Zig-zag Technology for running of the brick kilns beyond NCR area upto 31.07.2019, without any scientific study on carrying capacity for such activity and without any safeguards, which no longer survives after expiry of the said date. However, during proceedings, further issues emerged including permissibility of FCBTK technology kilns, using agro fuel and carrying

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capacity of the air quality to sustain brick kiln activities in NCR and nearby areas.

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The issue of carrying capacity of NCR Region to sustain Zig-zag Technology brick kilns has been dealt with separately in O.A. No. 1016/2019, Utkarsh Panwar vs. Central Pollution Control Board & Ors. by the order of this Tribunal dated 17.02.2021 in light of expert study on the subject of carrying capacity with following directions:-

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“1to 19 …………xxx…………………………xxx……………………xxx

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20. Thus, we conclude that going by the order dated 15.10.2020, in ‘severe’ air quality conditions, coal-fired brick kilns cannot be allowed to operate in NCR even if zig zag technology is used and improved procedures are followed, as suggested by the Committee, unless there is switch over to the PNG. All other issues have already been dealt with in the earlier order. In para 7 of order dated 05.03.2020 and para 8 of order dated 23.03.2020, we have already held that compliance by an individual brick kiln, otherwise contributing to pollution load beyond carrying capacity, does not confer a right to continue such activity, when such activity attracts GRAP in ‘severe’ air quality condition. As noted in par 11 of the order dated 15.10.2020, the CPCB has found that there is no assimilative capacity during the period air quality is ‘severe’ and only during months of March to June there is a limited capacity. Inter-se distance of atleast 500 meters is required to be maintained in location of brick kilns. When brick kilns start, they should not be allowed to start simultaneously but their firing should be staggered to avoid adverse impact on the environment. Other safeguards of fugitive dust emission management need to be adopted. In para 18 of order dated 15.10.2020, the issue of non-availability of plea of discrimination to GRAP, attracting some polluting categories and not attracting other polluting activities, has already been dealt with. Accordingly, we reiterate this mandate.

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21. In view of the above discussion, unless there is change to cleaner fuel (PNG), brick kilns beyond the number mentioned in Table 15 above cannot be allowed, in the NCR. Since there is variance of figures given during March to June, only such number can be allowed which can be sustained throughout the period i.e. the minimum figure of a particular month out of the four months which comes to 444 in Haryana (in the month of May) and 200 in UP (in the month of June). Such shortlisting may be done applying a suitable siting criteria taking into account inter-se distance and distance from sensitive locations and compliance of consent conditions for which the CPCB, State PCB may work out an appropriate mechanism. Further, location of brick kilns be scattered on pro-rata basis, in different directions of concerned area, having regard to background and carrying capacity parameters. Needless to

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say, those brick kilns which switch over to PNG will be entitled to operate even beyond months of March to June and even beyond limited number mentioned, subject to compliance with law.”

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With regard to permissibility of FCBTK Technology being allowed in

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non NCR Region by using agro residue and number of brick kilns which can be allowed in the light of assimilative capacity of the air in non NCR Region in Haryana a report was sought from the Member Secretary, CPCB vide order dated 06.02.2020.

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The operative part of the order is reproduced below:-

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“4. Accordingly, further report dated 22.01.2020 has been filed by the CPCB. The report does not mention the carrying capacity of the area in question i.e. non-NCR area in the State of Haryana. Though such capacity in respect of Suratgarh area, Distt. Sriganganagar has been assessed and found to be negative. The relevant portion of report is given below:

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Estimation of total existing PM10 Load in Suratgarh Area, Rajasthan “ during

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study period:

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Total area of Suratgarh in Km² : 2827.56 (Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan) Mixing Height of Air in Suaratgarh in Km: 1.066154 (Ref: Since site specific mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was considered. No air modeling was done in this study to calculate the mixing height)

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Total Volume of Air in Suratgarh in Km³ : 2827.56 x 1.066154 = 3014.614 Average measured PMio Concentration of Ambient Air in Suratgarh Area (Ref: Table 8: Ambient Air Quality Results; S.No, 5 & 6) dUring study period: 523 pg/m³ i.e. 523 Kg/Km³ Therefore, Total estimated load of particulate matter (PM to) in ambient air of Suratgarh Area: (3014.614 x 523)/1000= 1576.64 MT

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Estimation of Assimilative Capacity w.r.t. PMT in Suratgarh Area,

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Total area of Suratgarh in Km² : 2827.56 (Ref.: District census Handbook, Ganganagar, 2011, Directorate of Census Operations, Rajasthan) Mixing Height of Air in Suaratgarh in Km: 1.066154 (Ref: Since site specific mixing heights were not available, mixing heights based on IMD Publication "Atlas of Hourly Mixing heights and Assimilative Capacity of Atmosphere in India", was considered. No air modeling was done in this study to calculate the mixing height) Total Volume of Air in Suratgarh in Km³ : 2827.56 x 1.066154 = 3014.614 Particulate Matter (PMio) required to keep Ambient air quality at Satisfactory Level: 100 pg/M³ i.e 100 Kg/Km³ (Ref: Air Quality Index) Therefore, Assimilative Capacity w.r.t PMio in ambient air of Suratgarh Area: (3014.614 x 100)/1000= 301.46 MT

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”

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Estimation of Supportive Capacity w.r.t. PMio in Suratgarh Area, Rajasthan

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during study period:

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Total estimated load of PMio in ambient air of Suratgarh Area during study period: 1576.64 MT Assimilative Capacity w.r.t PMio in ambient air of Suratgarh: 301.46 MT Supportive Capacity = Assimilative Capacity - Total Estimated Load Therefore, Supportive Capacity w.r.t. PMio in ambient air of Suratgarh Area: 301.46-1576.64 = 1275.18 MT

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5. The other issue dealt with is whether brick kilns can be allowed by using crop residue as a substitute for Zig-zag technology. The observations and conclusions drawn in the report are nonconclusive and cannot be relied upon in terms of small data base of sample size and number of days for which the sampling has been carried out. Besides, more brick kilns in each category should have been covered to avoid statistical errors in decision making. The performance of brick kilns is required to be evaluated against the background concentration and carrying capacity of the area. Comparision in the report has been made with incomparable situations, as was explained during the course of hearing. From the data made available by the joint Committee it is evident that particulate emissions for Zig-zag kilns using coal as a fuel is much lower than brick kilns operating on FCBTK technology using agroresidue as a fuels both with regard to initial firing and mid firing situations. Further, emission levels also vary quite significantly amongst different fuel types under agro-residue category. Further justification of impact of higher PM concentration during initial firing has no scientific logic. The joint Committee has erred in concluding that the impact of higher PM concentration during initial firing may not be significant when overall operation of any brick kiln for a particular season is considered.

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6. It is acknowledged in the report of joint Committee that stack emissions are less in case of kilns operating on Zig-zag technology, compared to the kilns operating on FCBTK technology on the same fuels. The report further mentions that introduction of FCBTK technology using agro-residue may be done only after carrying capacity assessment of specific area, coverying estimation of total existing PM load, assimilative capacity with regard to PM and supportive capacity with regard to PM. Further, in view of large number of brick kilns operating in the area, besides carrying capacity issue with regard to ambient air, there are issues with regard to environmental degradation on account of operation of such large number brick kilns having potential for loss of productive top soil which takes thousand of years to form and is a prime factor which determines agricultural productivity.

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7. For the above reasons, while the life of impugned order dated 07.12.2018 passed by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana has expired, question whether FCBTK technology can be allowed in non-NCR region of Haryana by using agri-residue will be determined in the light of further report as to the carrying capacity of the area in the light of

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potential for impact on the air quality of the area and on NCT Delhi specially during the witner months and degradation of top soil.

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8. Accordingly, let the carrying capacity study which has adequate samples in terms of number of brick kilns and days for which the emissions monitored be conducted covering the impact on ambient air and the loss of top soil. Such study may particularly assess the permissible number of brick kilns and technology to be used for the same in the non-NCR region. Let further report in the matter be furnished by the Member Secretary, CPCB by 31.03.2020 by e-mail at [email protected].”

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In pursuance of above, the Member Secretary, CPCB has filed

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report dated 28.02.2022 as follows:-

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“2. Study Findings

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In compliance to the above mentioned directions of the Hon’ble NGT, previous reports filed by CPCB and observations of Hon’ble NGT were reviewed to identify the gaps and to design monitoring matrix for generating required data to arrive at conclusion on the issues, as per the direction, dated 30.01.2020. Monitoring matrix was designed to capture emission data covering 5 to 10 Brick Kilns for combination of technologies (FCBTK and Zig-zag) as well as fuel types (coal and varieties of agro-residues). Further, it was planned to monitor each Brick Kiln for three days with three samples on each day. Accordingly, collection of total 585 samples from 65 Brick Kilns were planned, as detailed in Table 1.

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Table 1: Monitoring matrix proposed for the study

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*S. No.*	*Type of* *Brick* *Kiln*	*Fuel Type*	*Total number of* *and number of* *which* *monito* *conducted*	*Brick Kilns* *days for* *ring* to be	*Number* of *Samples* *per* *monitoring/Brick Kiln*	*Total* *Number* of *Samples*
			*No. of Brick* *Kilns*	*No. of days*
1	FCBTK^*	Agro-residues (Mustard Straw)	10	3	3	90
2	FCBTK	Agro-residues (Cotton Stalk)	10	3	3	90
3	FCBTK	Agro-residues (Guar Beans)	10	3	3	90
4	FCBTK	Coal	10	3	3	90
5	Zig-Zag	Agro-residues (Mustard Straw)	05	3	3	45
6	Zig-Zag	Agro-residues (Cotton Stalk)	05	3	3	45
7	Zig-Zag	Agro-residues (Guar Beans)	05	3	3	45
8	Zig-Zag	Coal	10	3	3	90
		*Total*	65			*585*

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The overall actual matrix followed by covering brick kilns operating on various technologies and different types of fuels has been summarized in Table 2.

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Table 2: Actual monitoring matrix followed for the study

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S. *No.*	*Type of* *Brick* *Kiln*	*Fuel Type*	*Total number* *and number of* *which* mo *conducted*	*of Brick Ki* *days for* *nitoring*	*lns* *was*	*Number* of *Samples* *per* *monitoring/Brick* *Kiln*	*Total* *Number* of *Samples*
			*Brick Kilns*	*Days*
1	FCBTK^*	Agro-residues (Mustard Straw, Cotton Stalks and Guar Beans and Mixtures of different agro- residues)	40	3 (30 Kilns) 1 (10 Kilns)	brick brick	3	300
2.	FCBTK	Agro-residues (Cotton Stalk)	10	3		3	90
3	FCBTK	Agro-residues (Guar Beans)	10	3		3	90
4	FCBTK	Coal	10	3		3	90
5	Zig-Zag⁺	Agro-residues (Mustard Straw)	0	0		0	0
6	Zig-Zag⁺	Agro-residues (Cotton Stalk)	0	0		0	0
7	Zig-Zag⁺	Agro-residues (Guar Beans)	0	0		0	0
8	Zig-Zag	Coal	21	3 (10 Kilns) 1 (9 Kilns) 2 (2 kilns)	Brick Brick Brick	3	129
		*Total*	71				*519*

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* FCBTK: Fixed Chimney Bull Trench Kiln

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+ Not Operational due to non-availability of Carrying Capacity in compliance of Hon’ble NGT Order in the matter of OA No. 1016/2019.

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i. 15 Nos. Zig-zag type brick kilns based on agro-residues as fuel, as proposed in the monitoring matrix, could not be monitored as these were located in NCR districts of Bharatpur and Alwar in Rajasthan and were nonoperational as per orders of Hon’ble NGT. However, it was possible to monitor and capture emissions from FCBTK type kilns using agro-residues vis-à-vis emissions from Zig-zag type brick kilns to understand if brick kilns using crop residue could substitute to Zig-zag type kilns, which is an important issue for consideration in the matter.

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ii. The data generated from the monitoring conducted in 2019 in the same matter, covering initial firing and mid firing period, were also considered while analysing the findings.

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iii. Total 71 Nos. of brick kilns operating on various technologies and different types of fuels, involving 519 number of samples, were monitored by CPCB officials for generating stack emission data.

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iv. The results of the source emission monitoring conducted during 2020 and 2021 (Particulate Matter [PM] as mg/Nm3 with correction) are presented in the Table 3.

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v. The results of source emission monitoring conducted earlier in 2019 and 2020 (PM as mg/Nm3 with correction), covering initial and mid firing periods, are presented in the Table 4.

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Table 3 : Analysis results of stack monitoring conducted during 2020 and 2021 under stabilized conditions

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	*FCBTK Coal*	*Ist Round of* *Monitoring* *(24/11/20 to* *11/06/2021)*	*2nd Round of* *Monitoring* *(7/6/21 to* *15/6/21)*	*3rd Round of* *Monitoring (12/6/21* *to 17/6/21)*
*S.No.*	*Name and Address of the Brick Kiln*	*PM, mg/Nm3*	*PM, mg/Nm3*	*PM,* *mg/Nm3*
1	M/s Bisambhar Dayal Garg Brick Works, Aligarh Village Kudiyaganj, District Aligarh, Aligarh	170	361	409
2	M/s New Baba Eint Udyog, Village Pilkhana, Sikandarpur, Tehsil Koil District Aligarh, Aligarh	187	414	244
3	M/s Vishal Ent Bhatta , Village Kasary, District Aligarh, Aligarh	53	450	540
4	M/s OSN Brick Works, Village Nagla Ausuf Ali, PO Pilkhana, Kauriyaganj, Tehsil Koil, District Aligarh, Aligarh	202	477	262
5	M/s Shivshakti Eint Udyog, Village Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh	149	312	259
6	M/s Mahashakti Eint Udyog, Village Shahgarh Nagariya Tehsil Koil, District Aligarh, Aligarh	46	297	397
7	M/s Mahajan Brick Works, Village Pilakhana Chauraha, District Aligarh, Aligarh	129	703	576
8	M/s Radha Rani Eint Udyog, Village Kaseri, District Aligarh, Aligarh	80	235	519
9	M/s Jai Gange Eint Udyog, Kasimpur, Aligarh	744	499	542
10	M/s Jai Bhole Eint Udyog, Kasimpur, Aligarh	81	432	538

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*Zig Za*	*g Coal*	*Ist Round of* *Monitoring* *(23/12/20 to*	*2nd Round of* *Monitoring* *(27/12/20 to 18/6/*	*3rd Round of* *Monitoring (8/6/21 to* *21)*
*S.No.*	*Name of the Unit*	*PM, mg/Nm3*	*PM, mg/Nm3*	*PM, mg/Nm3*
1	M/s Jai Durge Bricks, Village Mouli,	662	140	246
2	P hk l M/s B.M brick kiln,Village Mouli,Panchkula	242	76	351
3	M/s Mahalaxmi bricks moulding and fabricating Ind.Pvt Ltd*	298	144	56

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4	M/s Bharat bricks company,village mouli,Panchkula*	205	263	408
5	M/s Sagar Bricks,Village Golpura,Panchkula*	495	66	97
6	M/s Mahalaxmi Intt. Udhyog,Village mouli,Panchkula*	86	156	32
7	M/s Moti Ram Girdhari Lal Manakpur Road,Ambala city,Haryana *****	95	17	58
8	M/s Brick Links Village Sakraon, Ambala city, Haryana *****	78	72	117
9	M/s Asian bricks company, Village Kanjnoo, Near Radaur Yamuna nagar *****	17	15	20
10	M/s Goel bricks industries, Village Kanjnoo, Near Radaur Yamuna nagar *	21	16	38
	_ PM values in mg/m3_*

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	FCBTK Agro	Ist Round of Monitoring (24/2/2021 to 8/6/21)	2nd Round of Monitoring (4/6/21 to 17/6/21)	3rd Round of Monitoring (8/6/21 to 21/6/21)
S.No.	Name of the Unit	PM, mg/Nm3	PM, mg/Nm3	PM, mg/Nm3
1	M/s Balaji Eint Udyog, Village Makrol, Iglas, Beswan, Aligarh	149	767	223
2	M/s Madhav Brick Industries, Village Nayabas, Beswa, Iglas, Aligarh	480	158	110
3	M/s Radha Ent Udyog, Village Nayabas, Beswa, Iglas, Aligarh	234	99	122
4	M/ Shree Radha Rani Eint Udyog, Village Korah, Raghupura, Atrouli Aligarh	219	90	49
5	M/s Jaharveer Baba Eint Udyog, Village Bhavigarh, Atrouli, Aligarh	179	82	102
6	M/s Ayodhya Ent Udyog, Village Surajpur, Atrouli, Aligarh	60	178	89
7	M/s Ankit Eint Udyog, Satlauni Khurd, Iglas, Aligarh	252	77	87
8	Shri Krishna Eint Udyog, Gangagarhi Mursan Road, Iglas, Aligarh	156	299	180
9	M/s R.S. Eint Udyog, Nangla, Juhur, Iglas, Aligarh	162	136	233
10	M/s Komal Eint Udyog, Atrauli, Aligarh	125	159	302
11	M/s Chaudhary Eint Udyog, Village Nayabas, Beswa, Iglas, Aligarh	287	374	525
12	M/s Krishna Kanhaiya Eint Udyaog, Tarsara, Kondali, Iglas, Aligarh	543	433	381
13	M/s Balaji Eint Udyog, Dhana Gadhi, Gonda, Iglas, Aligarh	405	369	400
14	M/s Rakhi Eint Udyog, Satlauni Khurd, Kondli, Iglas, Aligarh	315	278	423
15	M/s Prem Eint Udyog, Gorai Road, Amarour Dhana, Aligarh	520	355	402
16	M/s Akash Eint Udyog, Jahroli, Beswan, Aligarh	434	480	438
17	M/s Gagandeep Eint Udyog, Digsari Gonda, Aligarh	495	365	376
18	M/s Bhavya Brick Works, Kandli, Iglas, Aligarh	331	249	390
19	M/s Shivay Eint Udyog, Kans Ka Gonda, Iglas, Aligarh	546	363	566
20	M/s Maa Bhagvati Eint Udyog, Nagla Jujhar, Iglas, Aligarh	460	344	337
21	M/s Om Sai Eint Udyaog, Mehtapur, road, Mohkampur, Beswan, Aligarh	61	59	427

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22	M/s Shivam Bhole Eint Udyog, Hathras road, Iglas, Aligarh	209	188	989
23	M/s Shri Ram Eint Udyog, Mehtapur, Beswan, Aligarh	303	101	589
24	M/s Rewati Balram Eint Udyog, Tamotiya, Iglas, Aligarh	195	120	315
25	M/s Radha Eint Udyog, Chachau Garai, Iglas, Aligarh	173	95	73
26	M/s GD Eint Udyog, Rayatpur, Imliya Mursan road, Iglas, Aligarh	129	134	183
27	M/s Radhey Eint Udyog, Rayatpur, Imliya Mursan road, Iglas, Aligarh	67	77	113
28	M/s Shr Sai Ram Brick Works, Bas Vali, Garoi, Iglas, Aligarh	157	80	157
29	M/s Jai Bharang Eint Udyog, Hathras road, Iglas, Aligarh	66	75	521
30	M/s Shri Vimla Mahesh Eint Udyog, Ahmadpur, Aligarh	408	67	676

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* Average of three samples.

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Table 4 : Analysis results^* of stack monitoring conducted in 201920 during initial firing and mid firing periods, under stabilized conditions

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	*FCBTK Agro*
*S.No.*	*Name of the Unit*	*PM, mg/Nm3*
_1 _	M/s Baghla Int Udyog, Village Bhagwansar Chak 1, Tehsil Ganganagar. Rajasthan	703
_2 _	M/s Bhagwansar Int Udyog, Village Bhagwansar Chak 1, Tehsil Suratgarh, Distt. Ganganagar, Rajasthan	642
_3 _	M/s Punia Int Udyog, 28 LNP II, Tehsil Ganganagar, Rajasthan	387
_4 _	M/s Paras Brick Company, Village Khooni Chak, Distt. Hanumangarh, Rajasthan	235
_5 _	M/s Khichad Brick Company, 7 KRW, Dhani Khichadwali, Sardual Share, Ganganagar, Rajasthan	604
_6 _	M/s Aggarwal Brick Company, 7 KRW, Dhani Khichadwali, Sardual Share, Ganganagar, Rajasthan	345
_7 _	M/s Avtar Brick Industries Ltd, 10 GB, Tehsil Vijay Nagar, Dist Ganganagar, Rajasthan	206
_8 _	M/s Raj Bhatta 7 GB (A), JaitsarTehsil Vijay Nagar, Dist Ganganagar, Rajasthan	397
_9 _	M/s Saccha Soda Ind Udyog Vill 3G, Badli, Dist Ganganagar, Rajasthan	259
_10 _	M/s Rakesh Ind Udyog , 2J Bada, Khatiabana Dist Ganganagar, Rajasthan	199
	*Zig Zag Coal*
*S.No.*	*Name of the Unit*	*PM, mg/Nm3*
_1 _	M/s Mor Bricks company, Kanoh road vill Nehla, Dist Fatehabad	179
_2 _	M/s Nain Bricks company, Kanoh Road village Nehla, Dist Fatehabad	199
_3 _	M/s Shiv Bhole Bricks company, Kanoh Road vill: Nehla, Dist Fatehabad	282
_4 _	M/s Aggarwal Genuine Makers Brick Company, BKI Bado Patti-I	240
_5 _	M/s Vishwakarma Bricks ,Vill-Mangali Jhara, Dist Hisar	107
_6 _	M/s Haryana Bricks Company, Vill - Kanoh, Dist Hisar	212
_7 _	M/s Vikas BKO Shyamsukh, Dist Hisar	541
_8 _	M/s Shree Ganesh Bricks Co. Paploha, Panchkula, Haryana ( 2 rounds of monitoring)	139/278

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9 M/s Jay Maa Mansa Devi, Paploha, Panchkula, Haryana ( 2 rounds of Monitoring) 10 M/s Jay MaaVaishno Devi Bricks Co., Paploha, Panchkula, Haryana	126/68 308
11 M/s Sada Shiv Bricks Co., Village Charnia, Panchkula, Haryana	498

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Average of three samples

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vi. Before making any conclusion with regard to stack emissions from various types of kilns using different types of fuel, it was important to ensure that the emission data collected in the study is truly representative, therefore, an assessment was also made w.r.t Specific Energy Consumption (SEC) of individual brick kilns monitored in this study, and also to see the variation in fuel feeding during monitoring either knowingly or unknowingly. Therefore, comparison was made only w.r.t. SEC i.e. energy consumed (MJ per Kg of fired brick), amongst the kilns from a particular area using similar type of clay. The reported gross calorific values (GCV) of various fuels used by brick kilns covered in the study, weight of the fuel used for a specified period, production rate and average weight of bricks, were used for estimating the SEC.

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The analysis of SEC data indicated that in some of the brick kilns the estimated SEC values were too low to manufacture bricks, which shows that the quality of fuels used during monitoring was not adequate and may not give representative stack emission values. Therefore, the emission data generated from the brick kilns with SEC values within the minimum required range of 1.11.5 MJ/kg of fired brick for FCBTK and 0.95-1.30 MJ/kg for Zig-zag kilns (Ref: BEE’s Report on “Market Transformation towards Energy Efficiency in Brick Sector”, December, 2019), was considered for arriving at conclusion. The data collected w.r.t. emission monitoring in the brick kilns, where the SEC values were less than the lower limit (+ 10%) as well as the data having missing values for some monitored parameters were not considered for assessing the performance of different types of the brick kilns.

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The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on Zig-zag method using various types of pulverized coal from various sources varied between 107mg/Nm3 to 240mg/Nm3.

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The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of agro-residues varied between 61mg/Nm3 to 703mg/Nm3.

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The average (average of three samples per monitoring per day) PM source emissions from the stacks in the brick kilns based on FCBTK Technology using various types of coal varied between 297mg/Nm3 to 520mg/Nm3.

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The performance of different types of brick kilns using various types of fuels, as assessed from the data generated in the present study is summarized in the Table 5.

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Table 5: Performance of different types of brick kilns using various types of fuels

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*S. No.*	*Type of Brick Kiln*	*Type of Fuel Used*	_Average PM, mg/Nm_*3
1	Fixed Chimney Bull Trench (FCBTK)	Agro-residues	61-703
2	Fixed Chimney Bull Trench (FCBTK)	Pulverized Coal	297-520
3	Zig-Zag	Pulverized Coal	107-240

¶87

* Standards notified by MoEF&CC vide G.S.R. 143(E), dated 22.02.2022: 250 mg/Nm³ (corrected to 4% CO2)

¶88

It is evident from the available data that emissions from Zig-zag type brick kilns are significantly lower in comparison to both FCBTK operating on coal as well as agro-residues as fuel.

¶89

vii. In order to find out the status of operation of brick kilns in NonNCR districts in the State of Haryana, the data were obtained from the State Pollution Control Board and are provided in Table 6.

¶90

Table 6: Status of Operation of Brick Kilns in Non-NCR Regions of

¶91

Haryana

¶92

*S. No.*	*District*	*Total No. of Brick Kilns*	*Zig-zag Type Brick Kilns*
1	Ambala	107	106
2	Fatehabad	74	61
3	Hisar	292	192
4	Kaithal	119	90
5	Kurukshetra	59	59
6	Panchkula	62	51
7	Sirsa	204	102
8	Yamunanagar	90	82
	*Total*	*1007*	*743*

¶93

Note: Only the brick kilns which have been converted to Zig-zag technology, are allowed to operate in the State of Haryana, irrespective of the fuel used.

¶94

As per data made available by SPCB (Annexure-2), there are total 1007 brick kilns in Non-NCR districts of Haryana, out of which 743 brick kilns have been converted to Zig-zag technology. As on date, only zig-zag type brick kilns are allowed to operate in the state of Haryana, irrespective of the type of fuel used.

¶95

viii. To make an assessment of the carrying capacity of ambient air environment w.r.t. PM2.5 and PM10 concentration, the data from Continuous Ambient Air Quality Monitoring Station (CAAQMS) for the period January 2019 - August 2021, in 8 Non-NCR districts of Haryana were examined (Table 7). It was observed that PM10 concentration was exceeding National Ambient Air Quality Standards (NAAQS) in seven Non-NCR districts of Haryana during the critical period i.e. November to January. The data for PM10 were not available for Panchkula. The data indicated limitations in the carrying capacity in the ambient air environment with regard to any new additional

¶96

¶97

source of emission, including conventional brick kilns using agro-residues.

¶98

Table 7: CAAQMS Data of Non-NCR Districts of Haryana

¶99

S	Name of District			Amb	ala					Kuruk	shetra
. No	Year	201	9	202	0	202	1*	201	9	202	0	202	1
.	Parameter /Months	PM2.5 5.	PM10 0	PM2.5 5	PM10 0	PM2.5 5	PM10 0	PM2.5 5	PM10 0	PM2.5 5	PM10 0	PM2.5 5	PM10 0
1	January	-	-	70	134	74	150	94	165	79	123	97	154
2	February	44	116	68	138	61	116	64	112	72	126	89	161
3	March	33	110	35	79	50	111	42	105	40	77	62	144
4	April	45	150	29	61	45	97	46	153	36	81	55	145
5	May	63	160	43	-	52	103	50	159	56	126	53	131
6	June	58	158	40	-	41	103	42	153	46	98	44	123
7	July	40	91	31	55	42	88	32	84	28	57	36	88
8	August	33	67	24	43	48	92	24	60	20	42	39	90
9	September	38	78	48	132	28	64	34	74	40	94	28	51
10	October	99	190	104	259	51	141	109	212	133	230	79	161
11	November	104	194	113	302	125	218	136	226	138	226	143	261
12	December	95	179	88	178	122	183	120	176	121	192	111	200

¶100

	Name of District			Fateh	abad				Panchkula
S No	Year	20	19	20	20	202	1*	2019	2020	2021
. .	Parameter /Months	PM2.5	PM10	PM2.5	PM10	PM2.5	PM10	PM2.5	PM2.5	PM2.5
1	January	117	187	46	101	93	146	58	50	72
2	February	62	140	50	114	58	145	37	38	54
3	March	54	135	40	67	56	175	37	19	51
4	April	61	226	39	95	49	178	41	20	38
5	May	64	265	55	153	53	193	42	26	38
6	June	55	263	-	-	56	184	46	31	39
7	July	-	176	30	94	33	96	35	32	38
8	August	14	58	22	39	31	100	28	22	33
9	September	14	75	43	83	16	38	39	48	30
10	October	30	169	131	214	51	127	59	56	52
11	November	54	261	245	303	140	289	52	81	62
12	December	-	155	119	206	93	166	62	95	73

¶101

	Name of District			Hisa	r					Sirs	a
S.	Year	2019		2020		202	1*	201	9	202	0	202	1
No.	Parameter /Months	PM2. 55.	PM1 00	PM2. 55	PM1 00	PM2. 55	PM1 00	PM2. 55	PM1 00	PM2. 55	PM1 00	PM2. 55	PM1 00
1	January	135	210	86	119	124	164	108	184	40	94	59	111
2	February	77	143	84	134	115	164	79	125	44	111	63	118
3	March	55	111	47	88	90	168	53	105	26	64	54	111
4	April	74	180	42	109	71	176	64	151	34	95	45	106
5	May	99	194	58	156	66	155	75	189	49	148	58	140
6	June	76	194	53	146	65	179	72	197	47	132	60	147
7	July	63	142	38	84	43	98	81	210	23	75	38	92
8	August	34	70	27	56	44	106	49	81	14	40	38	107

¶102

¶103

9	September	51	95	51	110	36	64	68	116	30	64	17	39
10	October	116	196	126	232	74	137	133	235	78	202	47	132
11	November	188	246	207	300	218	315	133	250	118	260	122	270
12	December (29 days)	129	175	150	215	162	220	64	148	68	136	80	176

¶104

S	Name of District			Kait	hal					Yamuna	nagar
. N	Year	201	9	202	0	202	1*	201	9	202	0	202	1
o.			PM1		PM1		PM1		PM1		PM1
	Parameter /Months	PM2.5 5.	00	PM2. 55	00	PM2. 55	00	PM2. 55	00	PM2. 55	00	PM2. 55	PM1 00
1	January	-	-	53	110	75	135	109	191	97	152	116	185
2	February	-	-	50	122	54	132	67	134	82	148	91	176
3	March	55	99	29	76	33	143	58	133	48	96	82	168
4	April	64	157	30	80	33	145	79	191	37	87	78	172
5	May	69	166	43	133	37	135	87	177	51	120	60	131
6	June	57	158	40	117	45	144	77	180	47	109	46	129
7	July	48	107	27	70	35	96	59	112	38	79	37	110
8	August	31	61	19	47	34	101	45	88	34	74	48	106
9	September	27	76	33	82	23	55	50	100	61	126	46	134
10	October	62	229	101	222	62	152	126	226	128	262	92	186
11	November	89	233	143	258	156	283	118	221	146	229	130	251
12	December	76	169	83	179	110	212	116	185	146	217	122	250

¶105

As the NAAQS specify ambient air quality in terms of annual and 24hourly average concentration values of particulate matter (PM10 and PM2.5), the monthly average data of PM10 may not be used for assessing the exceedance. In view of this, the compliance with reference to 24 hourly standards were also examined and it was found that the concentration of PM10 exceeds the standards during most of the days in the period November to January. The data w.r.t. the number of days exceeding the standards in a month, for the last three years, is summarized in Table 8.

¶106

Table 8: Compliance w.r.t. 24 Hourly National Ambient Air Quality Standards (PM10)

¶107

	*Month*				N	*umber*	*of da*	*ys in a*	*mont*	*h whe*	*n the*	*air qu*	*ality d*	*ata wa*	*s beyo*	*nd pr*	*escrib*	*ed lim*	*its*
			*Ambal*	a		*Hisar*		Fa	*tehab*	ad		*Kaith*	al	*Kur*	*ukshe*	*tra*		*Sirsa*		Ya	*munag*	ar
	_Year _	*2019*	_2020 _	_2021 _	_2019 _	_2020 _	_2021 _	_2019 _	_2020 _	_2021 _	_2019 _	_2020 _	_2021 _	_2019 _	_2020 _	_2021 _	_2019 _	*2020*	_2021 _	_2019 _	_2020 _	*2021*
1	January	18	22	24	21	18	27	21	13	27	NA	17	24	21	18	28	22	11	18	24	23	27
2	February	14	27	19	23	25	25	25	21	23	11	20	20	15	24	25	20	23	19	18	27	24
3	March	19	7	13	18	10	30	24	3	23	12	8	25	16	10	26	15	1	19	25	11	27
4	April	27	0	9	27	13	27	28	10	23	25	8	25	27	8	23	23	9	14	28	7	27
5	May	30	NA	12	27	26	25	31	28	27	25	23	23	31	23	21	25	20	21	31	21	23
6	June	28	NA	14	25	19	21	28	9	17	24	18	17	26	12	14	28	18	19	29	19	19
7	July	13	30	10	12	8	11	19	8	10	10	3	9	8	3	9	24	8	10	18	5	11
8	August	1	30	11	4	0	16	0	0	15	3	0	14	2	0	13	7	0	15	9	0	15
9	September	6	19	0	9	13	4	5	7	0	5	7	0	4	13	0	17	4	0	13	21	22
10	October	31	31	22	25	31	21	25	31	21	23	31	22	27	31	21	29	31	22	29	31	27
11	November	27	29	30	26	27	30	26	28	30	22	26	30	26	27	30	23	26	30	28	26	30
12	December	29	30	28	26	27	29	24	28	27	25	26	28	28	29	29	24	19	29	28	29	29

¶108

ix. The source/stack emissions are not the only source of emissions from the brick kilns, but fugitive emissions are also

¶109

¶110

generated during pre and post firing activities in the brick kilns irrespective of the firing technology used, which may affect the ambient environment within the vicinity of brick kilns. In view of this, various directions have been issued by CPCB from time to time and SPCBs have also incorporated the measures to prevent fugitive dust emissions as conditions of the ‘Consent to Operate’ granted to brick kilns. However, it has been observed that adequate measures were not taken by brick kilns to control of fugitive dust emissions (Annexure-3).

¶111

x. In order to assess the impact of brick kilns operations on the quality of top soil, a study was conducted with regard to impact on top soil, wherein, the top soil and excavated/desurfaced soil samples were collected from various locations in Seven Non-NCR Disctricts of Haryana, namely Ambala, Fatehabad, Hisar, Kaithal, Kurukhshetra, Panchkula and Yamunagar. Soil samples (from upper 15 cm layer) were collected from the land where top soil had been removed/desurfaced for brick manufacturing. Samples of top soil (from upper 15 cm layer) were also collected from the same land/site, where soil was not removed for brick manufacturing, as control samples, for comparison. The results of the analysis of soil samples along with location details, are summarized in Annexure-4 (i-iii). The evaluation of soil analysis data indicates that while in some of the samples/sites, soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, some samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. This suggests that further studies are required to establish the impact of brick earth excavation on the fertility of top soil.

¶112

xi. The literature review and earlier findings w.r.t. top soil of the State of Haryana were also considered. Grewal and Kuhad (2002) have described the extent of desurfacing in Haryana and its impact on soil productivity and its management (Ref.: Grewal, M.S and M.S. Kuhad, M.S. (2002): Soil Desurfacing: Impact on productivity and its management, Department of Soil Science, Haryana Agriculture University, Hisar, 12th ISCO Conference, Beijing 2002). The findings of this study indicated negative impact of desurfacing of top soil by brick kilns in Haryana (Annexure-5). Priyanka Singh et.al. (2014), in another study, have described the top soil desurfaced by the brick kiln located in Rohtak and Jhajjar districts (Ref. Annexure-6; Priyanka Singh et.al. (2014): Map and identify desurfaced soil in Rohtak and Jhajjar districts in last five years using RS. International Journal of Emerging Science and Engineering (IJESE), 2(4): 2014). Therefore, it may be inferred that area specific measures are required, for preservation of the top soil particularly in the areas, where soil is sourced from agricultural land.

¶113

Further, brick kilns monitored in Haryana were not found to be preserving the top soil. No condition of preserving the top soil is

¶114

¶115

prescribed in mining permit/license issued to brick kilns in the State of Haryana for excavation of brick earth (Annexure-7).

¶116

xii. For assessing the carrying capacity of the non-NCR Districts of Haryana and determining the number of brick kilns which could be permitted within the available supportive capacity, data of monthly average CAAQMS PM10 concentration in the ambient air during the months of January 2021 - June, 2021 and October 2021 – December, 2021 were considered, for NCR districts of Haryana (Table 7). The CAAQMS data of the District Panchkula was available for PM2.5 concentrations, which was used to extrapolate PM10 concentration for this district based on PM10/PM2.5 ratio of the nearest district i.e. Ambala, in the absence of other data/information.

¶117

The details w.r.t total Number of Zig-zag type brick kilns operational in the Non-NCR districts of Haryana were considered, based on information made available by the State Pollution Control Board. Data on geographical area of the NonNCR districts of the State of Haryana available from the District Census Handbook, Census of India, 2011, and average atmospheric mixing heights for the months of Jan – June, 2021 and October – December 2021 obtained from Indian Meteorological Department (IMD) were used for estimating volume of air available for dispersion of pollutants. (Table 9).

¶118

Table 9: Number of Brick kilns, Area and Ambient Air Mixing Height in Non-NCR Districts of Haryana

¶119

*S. No*	*Name of* *District*	*Total* *No. of* *Brick*	_No of_** Zig Zag*	*Area* *(Sq.* *Km.)*			*Ambie*	*nt Air Mi*	*xing Hei*	*ght, Km*	*(2021)*
		*Kilns*	*type* *Brick* *Kilns*		*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	Ambala	107	106	1574	0.257	0.286	0.488	0.820	0.738	0.701	0.330	0.263	0.234
2	Fatehabad	74	61	2538	0.265	0.299	0.462	0.730	0.859	0.833	0.438	0.327	0.294
3	Hisar	292	192	3983	0.269	0.297	0.453	0.696	0.831	0.859	0.450	0.323	0.292
4	Kaithal	119	90	2317	0.248	0.258	0.423	0.752	0.764	0.742	0.323	0.262	0.237
5	Kurukshetra	59	59	1530	0.257	0.290	0.491	0.856	0.745	0.700	0.328	0.263	0.239
6	Panchkula	62	51	898	0.241	0.320	0.608	0.935	0.752	0.689	0.343	0.295	0.227
7	Sirsa	204	102	4277	0.271	0.381	0.567	0.779	0.909	0.795	0.460	0.340	0.299
8	Yamunanag ar	90	82	1768	0.233	0.300	0.483	0.771	0.646	0.580	0.292	0.231	0.200
	*Total*	*1007*	*743*

¶120

***** Only Zig-zag type brick kilns are permitted to operate in the State of Haryana

¶121

Emission load from Brick Kilns was calculated considering the data w.r.t average stack diameter and velocity, temperature & pressure of flue gas and standard of 250 mg/Nm³ at 4% CO2.

¶122

The value of emission load derived with stack emission of 250 mg/Nm³ , is as follows:

¶123

Emission load from brick kilns having capacity of 30000 bricks/day, considering stack PM emission of

¶124

250 mg/Nm³ at 4% CO2: 1000 Kg/day

¶125

¶126

The large particles may get separated and settled due to Zig-zag flow of the flue gas in the brick kilns, therefore, it was assumed that the particle size of particulate emissions from the brick kiln stacks were broadly upto 10 μm. The following components were derived in order to assess the carrying capacity of Non-NCR Districts of Haryana w.r.t. PM10:

¶127

(i) Estimation of Existing Pollution Load w.r.t PM10

¶128

(ii) Estimation of Assimilative Carrying Capacity w.r.t PM10 (iii) Estimation of Supportive Carrying Capacity w.r.t PM10

¶129

Estimation of total existing PM10 load :

¶130

Total area of the district in Km² : a ; Average Atmospheric Mixing Height during a particular month in Km: b

¶131

Total volume of air in the district during a particular month in Km³ : a x b = c

¶132

Average ambient PM10 Concentration in the district for a particular month in Kg/Km³ : d Therefore, Total estimated load of particulate matter (PM10) in ambient air of a district during a particular month ( x ): c x d= x Kg

¶133

Estimation of Assimilative Carrying Capacity w.r.t. PM10 :

¶134

Total volume of air in a district during a particular month in Km³ : c Particulate Matter (PM10) required to keep ambient air quality within prescribed NAAQS: 100 μg/m³ i.e. 100 Kg/Km³

¶135

Therefore, Assimilative Capacity w.r.t PM10 in ambient air of a district during a particular month ( y ): c x 100= y Kg

¶136

Estimation of Supportive Capacity w.r.t. PM10:

¶137

Supportive Carrying Capacity ( z ) = Assimilative Carrying Capacity ( y ) - Total Estimated Load ( x )

¶138

The district-wise PM10 load, Assimilative Carrying Capacity and Supportive Carrying Capacity, as determined by using the above methodology are summarized in Table 10 (i-iii) for Non-NCR Districts of Haryana.

¶139

Table 10: Total Existing PM10 Load, Assimilative Carrying Capacity and Supportive Carrying Capacity in Non-NCR Districts of Haryana

¶140

(i): Total PM10 Load

¶141

*S. No.*	*Name of* *Ditit*				*Total P*	*M10 Load,*	*Kg (x)*
	*src*	*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	Ambala	60683	52293	85260	125196	119646	113648	73238	90244	67402
2	Fatehabad	98195	110035	205197	329788	420767	389004	141179	239849	123865
3	Hisar	175714	194004	303122	487902	513030	612430	245552	405250	255868
4	Kaithal	77573	78908	140153	252646	238975	247567	113755	171796	200122
5	Kurukshetra	60554	71436	108177	189904	149320	131733	80796	105024	73134
6	Panchkula	31164	31035	55690	63812	51322	48260	32033	32849	29762
7	Sirsa	128656	192285	269182	353169	544291	499832	259699	392629	225073
8	Yamunanagar	76210	93350	143463	234458	149619	132282	96024	102510	88400

¶142

(ii): Assimilative Carrying Capacity

¶143

*S. No.*	*Name of* *District*			*Assi*	*milative C*	*arrying C*	*apacity,*	*Kg (y)*
		*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	Ambala	40456	45080	76811	129068	116161	110337	51942	41396	36832

¶144

¶145

2	Fatehabad	67257	75886	117256	185274	218014	211415	111164	82993	74617
3	Hisar	107143	118295	180430	277217	330987	342140	179235	128651	116304
4	Kaithal	57462	59779	98009	174238	177019	171921	74839	60705	94397
5	Kurukshetra	39321	44370	75123	130968	113985	107100	50184	40239	36567
6	Panchkula	21642	28736	54598	83963	67530	61872	30801	26491	20385
7	Sirsa	115907	162954	242506	333178	388779	340022	196742	145418	127882
8	Yamunanagar	41194	53040	85394	136313	114213	102544	51626	40841	35360

¶146

(iii): Supportive Carrying Capacity

¶147

S. No	*Name of* *District*				*Support*	*ive Capac*	*ity, Kg (y-*	x)
.		*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	Ambala	-20228	-7213	-8449	3872	-3485	-3310	-21296	-48848	-30570
2	Fatehabad	-30938	-34149	-87942	-144514	-202753	-177589	-30014	-156856	-49247
3	Hisar	-68571	-75709	-122692	-210685	-182043	-270290	-66317	-276599	-139564
4	Kaithal	-20112	-19129	-42144	-78407	-61957	-75645	-38916	-111091	-105725
5	Kurukshetra	-21233	-27066	-33054	-58936	-35335	-24633	-30612	-64785	-36567
6	Panchkula	-9522	-2299	-1092	20151	16207	13612	-1232	-6358	-9377
7	Sirsa	-12750	-29332	-26676	-19991	-155512	-159810	-62957	-247211	-97191
8	Yamunanagar	-35015	-40310	-58068	-98145	-35406	-29738	-44398	-61670	-53040

¶148

In the districts, where the supportive carrying capacity is available (Positive Supportive Carrying Capacity) in a particular month, number of Zig-Zag brick kilns that can be operated, is determined as follows:

¶149

Total number of brick kilns which can be operated in a district during a particular month : Supportive Carrying Capacity of the district for a particular month/Emission load from one brick kiln.

¶150

However, as all the zig-zag type brick kilns were in operation during Jan-June, 2021 and Oct-Dec, 2021, the number of brick kilns which can be operated within the available supportive carrying capacity was determined as follows:

¶151

No. of brick kilns which can be operated = Total number of Zig-Zag brick kilns operational in that particular month – (Negative Supportive Carrying Capacity or Load in excess of Assimilative Capacity/ Emission Load from one brick Kiln)

¶152

The load in excess of the assimilative capacity and month-wise number of brick kilns which can be operated within the assimilative capacity/available supportive carrying capacity during Jan-June and October-December are presented in Table 11 (i) and Table 11 (ii) respectively , for Non-NCR districts of Haryana.

¶153

Table 11 (i): PM10 in excess of Assimilative Carrying Capacity

¶154

	*Name of* *District*		P	*M10 Load*	*in excess o*	*f the Assi*	*milative*	*Capacity,*	Kg
S.		*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
*No.*
1	Ambala	20228	7213	8449	-3872	3485	3310	21296	48848	30570

¶155

¶156

2	Fatehabad	30938	34149	87942	144514	202753	177589	30014	156856	49247
3	Hisar	68571	75709	122692	210685	182043	270290	66317	276599	139564
4	Kaithal	20112	19129	42144	78407	61957	75645	38916	111091	105725
5	Kurukshetra	21233	27066	33054	58936	35335	24633	30612	64785	36567
6	Panchkula	9522	2299	1092	-20151	-16207	-13612	1232	6358	9377
7	Sirsa	12750	29332	26676	19991	155512	159810	62957	247211	97191
8	Yamunanagar	35015	40310	58068	98145	35406	29738	44398	61670	53040

¶157

Table 11 (ii): Number of brick kilns which can be operated with the Assimilative Carrying Capacity/Available Supportive Capacity

¶158

S. *No.*	*Name of* *District*	*No. of Zig* *Zag type*		*_N_	*o. of bri*	*ck kiln*	*s which*	*can be*	*operat*	ed
		*brick* *kilns*	*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	Ambala	106	86	99	98	110	103	103	85	57	75
2	Fatehabad	61	30	27	-27	-84	-142	-117	31	-96	12
3	Hisar	192	123	116	69	-19	10	-78	126	-85	52
4	Kaithal	90	70	71	48	12	28	14	51	-21	-16
5	Kurukshetra	59	38	32	26	0	24	34	28	-6	22
6	Panchkula	51	41	49	50	71	67	65	50	45	42
7	Sirsa	102	89	73	75	82	-54	-58	39	-145	5
8	Yamunanagar	82	47	42	24	-16	47	52	38	20	29

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* Negative values indicate that no brick kiln can be operated

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xiii. The number of brick kilns which could be permitted to operate in a particular district within the assimilative carrying capacity/available supportive capacity of the ambient air environment was estimated as explained above. Based on the evaluation of the data and estimation of the carrying capacity as explained in the previous section, there is no assimilative capacity available in the ambient air environment in the NonNCR districts of Haryana for simultaneous operation of all the existing brick kilns, during the period i.e. October to June, even after adopting Zig-zag technology. The outcome of the month-wise and district-wise estimation w.r.t. the number of brick kilns which can be operated within the assimilative capacity/available supportive capacity without any negative effect on the ambient air is summarized in Table 12 .

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Table 12 : Month-wise and District-wise estimation of the number of Zig-zag type brick kilns, which can be operated in Non-NCR Districts of the State of Haryana

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S. *No.*	*Name of* *District*	*No. of Zig* *Zag type* *brick* *kilns*	**Month* *operat* *the ass*	*-wise n* *ed wit* *imilat*	*umber* *hout aff* *ive capa*	*of Zig-z* *ecting* *city/av*	*ag type* *the am* *ailable*	*brick* *bient ai* *support*	*kilns,* *r quali* *ive cap*	*which c* *ty I.e.* *acity*	*an be* *within*
			*Jan*	*Feb*	*Mar*	*Apr*	*May*	*Jun*	*Oct*	*Nov*	*Dec*
1	*Ambala*	106	86	99	98	110	103	103	85	57	75
2	*Fatehabad*	61	30	27	-27	-84	-142	-117	31	-96	12
3	*Hisar*	192	123	116	69	-19	10	-78	126	-85	52
4	*Kaithal*	90	70	71	48	12	28	14	51	-21	-16
5	*Kurukshetra*	59	38	32	26	0	24	34	28	-6	22
6	*Panchkula*	51	41	49	50	71	67	65	50	45	42
7	*Sirsa*	102	89	73	75	82	-54	-58	39	-145	5

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8 *Yamunanaga* r	82	47	42	24	-16	47	52	38	20	29

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* Negative values indicate that no brick kilns can be operated.

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xiv. With regard to the impact of brick kilns’ operation in Non-NCR districts of Haryana on the air quality of NCT of Delhi, it is submitted that a joint study on “Source Apportionment of PM2.5 and PM10 of Delhi NCR for identification of major sources” was conducted by Automotive Research Association of India (ARAI) and The Energy and Resources Institute (TERI) for Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, New Delhi. The study, based on data for 2016, assessed sectoral and sub-sectoral contribution using receptor and dispersion modelling techniques and indicated that brick kiln industry contributed about 5% and 7% w.r.t. PM10 emissions in summer and winter respectively, in ambient air of Delhi and NCR (relevant part of the report is attached as Annexure-8). It was also assessed that, with conversion to Zig-zag technology, the contribution of brick kiln may come down to further 2% (Summer) to 4% (Winter). The Zig-zag technology in brick kilns of NCR regions has been implemented w.e.f. 30.9.2017 and the brick kilns which have not adopted Zig-zag technology have been closed down by the respective SPCBs, thus reducing the number of operational brick kilns in NCR regions by around 50%. Therefore, the estimated contribution of brick kilns in the ambient air (PM10) of Delhi NCR for the base year 2019 is expected to be further reduced. It may please be submitted that the above estimates are for brick kilns operated in the entire area and not-just limited to Non-NCR districts of Haryana.

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Dispersion modelling technique was again applied for assessing the impact of brick kilns located in Non-NCR districts of Haryana on the air quality of NCT of Delhi for the base year 2019. The results indicate the impact of operation of brick kilns in Non-NCR regions of Haryana, on air quality of Delhi NCR (PM2.5 and PM10) to be negligible in both summer and winter. Therefore, it may be inferred that the operation of brick kilns in Non-NCR regions of Haryana, with all dust control measures in place, is not expected to have significant impact on the ambient air quality of NCT of Delhi, though it might affect the nearby areas.

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3. Submission

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Following submissions including conclusion drawn from the monitoring results and the above analysis are made:

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1. Analysis based on the available data indicate that emissions from Zig-zag type brick kilns are significantly lower in comparison to FCBTK operating with Coal or Agro-residues as fuel. Therefore, conventional brick kilns using agro-residues may not be substitute to Zig-zag based kilns.

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2. Study conducted on Top soil and Excavated/desurfaced soil in Seven Non-NCR Districts of Haryana indicted that while at

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some of the samples/sites, different soil fertility parameters like organic matter, available N, P, K, Fe and Zn were significantly low in concentration in the desurfaced soil layer, other samples/sites were found to be having higher concentration of soil fertility parameters in the excavated/desurfaced soil. Further studies may be required to establish the impact of brick earth excavation on the fertility of top soil. However, the literature/research studies suggest that the fertility of top soil is negatively affected by use of top soil in brick manufacturing. Therefore, area specific measures are required to preserve the top soil.

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3. The preservation of top soil should be incorporated in the mining plan/Mining License issued by the Mining Department to Brick manufacturers. The submission of the compliance report of the conditions of mining license, may be incorporated as one of the conditions of ‘Consent to Operate’ granted by State Pollution Control Boards (SPCBs).

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4. The overall fugitive dust emissions from all type of brick kilns, irrespective of the firing technology (FCBTK or Zig-Zag) adopted, are similar and most of the brick kilns monitored in the present study were also observed to be lacking in the implementation of the fugitive dust emissions control measures specified by the respective State Pollution Control Boards. Therefore, the brick kilns and SPCBs must ensure adherence to the conditions prescribed in the ‘Consent to Operate’.

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5. The CAAQMS data w.r.t. PM10 concentration in the ambient air for the last three years were found to be exceeding the prescribed ambient air quality standards in Non-NCR districts of Haryana, indicating limitation in the carrying capacity of ambient air environment.

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6. The outcome of dispersion modelling study for the data of the base year 2019 indicates that operation of brick kilns in NonNCR districts of Haryana are expected to have negligible contribution on ambient particulate matter concentration (PM10 and PM2.5) in NCT of Delhi. However, it may impact ambient air quality in the nearby areas.

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7. It may also be pertinent to submit that air quality within a district may have significant spatial variations. Therefore, SPCBs may take up detailed study in the brick kiln clusters with more number of monitoring stations, through satellite based Aerosol Optical Depth (AOD) data or use of appropriate models to further refine spatial air quality profile and carrying capacity.

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8. It is submitted that carrying capacity of environment is usually referred as the maximum population that can be sustained by specific environment.

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9. The carrying capacity of the air environment of an area will depend on the pollution load and capacity of dispersion of pollution. The carrying capacity can be enhanced through

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various means including technology interventions. The Hon’ble NGT order dated September 09, 2021 in the matter of OA No 19/2021 recognizes the concern that particulate matter concentration are higher in the central Indian /Indo Gangetic plains as compared to Southern, Eastern/North-eastern parts of the country and there was a need to maintain balance in developmental activities and environmental protection, air pollution problems of Indo-Gangetic Plain and requirement of a good scientific framework to deal with the issues related to carrying capacity, development, technologies, mitigation measures, etc. for environmentally sound development. Hon’ble NGT has directed for preparation of such a science based expert report on the issue.

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10. In the districts with restrictive carrying capacity ( Table 12 ), the selection of brick kilns which can be operated may be made in such a manner that there is distance of 800 mtr between two operational brick kilns and all the brick kilns permitted to operate must be complying with the conditions of the consent to operate and various guidelines/directions issued for dust control measures, so as to ensure minimum localized impact on the ambient air.

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11. MoEF&CC vide Notification G.S.R. 143(E), dated 22.02.2022 notified revised standards for brick kilns (Annexure-9) . Key features of revised standards are:

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(i) Standard for PM emissions from stack of brick Kiln revised to 250 mg/ Nm3

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(ii) New brick kilns shall be based on zig-zag technology or vertical shaft or use of PNG as fuel

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(iii) Existing brick kilns shall be converted to zig-zag technology or vertical shaft or use of PNG as fuel in brick making within a period of one year in case of kilns located within a 10 km radius of non-attainment cities and two years for other areas

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(iv) Only approved fuels such as PNG, coal, fire wood and/or agricultural residues are permitted; Use of pet coke, tyres, plastic, hazardous waste shall not be permitted

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(v) Permanent facility for port hole and platform according to the norms laid down by the Central Pollution Control Board (CPCB) will be provided

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(vi) Brick kilns should follow Fugitive dust emission control guidelines as prescribed by concerned State Pollution Control Boards (SPCBs), and ensure that the roads for transporting raw material or bricks arc paved roads.”

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We find that the report is based on relevant data and needs to be adopted. Accordingly, we direct the State PCB to follow the same for any future consents under the Water (Prevention and Control of Pollution)

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Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Further, notification dated 22.02.2022 issued by MoEF&CC which has notified revised standards for brick kilns in respect of technology to be used, standards to be followed and converting the existing brick kilns to new technology needs to be followed. However, in view of changing air quality levels, studies may have to be undertaken periodically and present study followed till there is perceptible change in the air quality.

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The application is disposed of.

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A copy of this order be forwarded to the Chief Secretary, Haryana and State PCB by e-mail for compliance.

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In view of the order passed above in the main application, all pending IAs will also stand disposed of.

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Adarsh Kumar Goel, CP

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Sudhir Agarwal, JM

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Prof. A. Senthil Vel, EM