In an execution application, the NGT examined CPCB's submission on compliance with the 07.11.2022 order regarding Tyre Pyrolysis Oil units. Finding the directions complied with, the Tribunal disposed of the application without any further order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 21
Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Execution Application No. 39/2023 (IA No 341/2025, IA No 139/2024, IA No 469/2024, IA No 470/2024) In
Original Application No. 400/2019
Social Action for Forest & Environment (Safe) Applicant
Versus
Union of India & Ors.
Respondent(s)
Date of hearing: 13.02.2026
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Gitanjali Sanyal & Mr. Surya Gupta, Advs. for Applicant in E.A No. 39/2023
Respondents: Ms. Suman Arora, Adv. for CPCB
Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC) Dr. Swati Jindal Garg, Ms. Srishti Makol & Mr. Aman Kohli, Advs. for R - 1 (Through VC)
Ms. K. Enatoli Sema, Adv. for the State of Nagaland (Through VC) Mr. Raghav Sharam, Adv. for MPPCB (Through VC)
ORDER
“xxx ……………………………………xxx……………………………….xxx 8. It is seen that action has been taken against number of noncomplaint units but there still remains gap in the units which are noncompliant and units against whom action has been taken to close them till compliance. Such gaps need to be bridged at the earliest in the interest of rule of law and environmental good governance. Tyre Pyrolysis Oil Units (TPOs) need to follow ‘Zero Liquid’ and ‘Zero Emission’ norms. Further, carbon produced during the process needs to be utilized in cement industries. Carbon material should not be simply transported to landfills.
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9. Accordingly, we direct that non-compliant units be closed till compliance expeditiously. CPCB may finalize the classification of the units so that application norms can be enforced. Revised SOP may be finalized by the CPCB and MoEF&CC in light of discussion in today’s hearing and above observations within one month. SOP may also provide for certifying the fuel quality standards of pyro-oil as per norms of the Petroleum Ministry.
The application is disposed of.
A copy of this order be forwarded to CPCB, MoEF&CC, State PCBs/PCCs by e-mail for compliance.”
in respect of each of the direction as disclosed in the reply affidavit of the
CPCB dated 03.09.2025 which is as under:
| “ S. No. |
NGT Order | CPCB Submission | Status of Compliance of the NGT _Order _ |
|---|---|---|---|
| _1. _ | Point 2 of the order: Tribunal order dated 07.11.2022 had disposed of the OA by directing as under: “9. Accordingly, we direct that non-compliant units be closed till compliance expeditiously. CPCB may finalize the classification of the units so that application norms can be enforced. Revised SOP may be finalized by the CPCB and MoEF&CC in light of discussion in today's hearing and above observations within one month. SOP may also provide for certifying the fuel quality standards of pyro-oil as per norms of the Petroleum Ministry.” |
CPCB has duly complied with the directions issued by the Hon'ble NGT while disposing the matter on 07.11.2022. In this regard CPCB has revised Standard Operating Procedure (SOP) on "Recycling of Waste Tyre Scrap for the recovery of Tyre Pyrolysis Oil, Pyro Gas and Char in Tyre Pyrolysis Oil (TPO) Units. Said SOP stipulates the following clauses for operation of TPO: **1. **Siting Criteria 1.1 Siting Criteria for Advanced Batch Automated Process (ABAP) type TPO Units: 1.2 Green belt requirement 1.3 Movement of Fire-Tenders **2. **Carrying Capacity of the area for siting of ABAP type TPO Units **3. **Threshold limits for tyre pyrolysis oil (TPO) Units (New TPO Units and expansion in Existing TPO Units) **4. **Standard Operating Procedure (SOP) of ABAP type TPO Units 4.1 Minimum Requirement for environmentally sound operation 4.2 Safety Measures to be adopted. **5. **Standard Operating Procedure(SOP) of Continuous Process (New & Existing) 5.1 Minimum Requirement for environmentally sound operation 5.2 Safety Measures to be adopted **6. **General conditions applicable to all plants (Batch & Continuous) **7. **Further CPCB stated that the Fuel Quality of TPO will be as per the specifications of BIS as and when the |
Complied |
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| same gets notified. CPCB circulated the revised SOP to all SPCBs/PCCs vide email dated 19.01.2024 and 20.03.2024 for its implementation. Copy of said SoP is given atAnnexure II and CPCB said letters are given at Annexure-III & IV). With regard to certifying the fuel quality standard of pyrolysis oil as per norms of MoPNG/BIS, the status is given at S.No. 5 of the Table below, may kindly be referred. |
|||
|---|---|---|---|
| _2. _ | Point 3 of the order: “First direction in the above paragraph 9 was to expeditiously close the noncompliant units till compliance is done. Learned Counsel for the CPCB has referred to various documents and argued for about half an hour but, none of those documents are found to be relevant and at the end he has referred to annexure 4 on page no. 518 which is a communication sent by Waste Management Division to Member Secretaries of all the State PCBS/PCCs on 30.11.2023 to comply with the Tribunal’s order and take action of closure against non-compliant units and thereafter no efforts on the part of CPCB has been shown to ascertain the status concerning the action taken in compliance of the order of the Tribunal or in compliance of the communication dated 30.11.2023 sent by CPCB |
CPCB issued directions dated 29.04.2025 under Section 5 of the Environment (Protection) Act, 1986 and letter dated 10.07.2025 seeking compliance of revised SOPs for “Recycling of Waste scrap for the recovery of tyre pyrolysis oil, pyro gas and char in tyre pyrolysis oil (TPO) Units" and directed State Pollution Control Boards/Pollution Control Committees to: • Ensure implementation of Revised SOPs for “Recycling of Waste scrap for the recovery of Tyre Pyrolysis Oil, Pyro Gas and Char in Tyre Pyrolysis Oil (TPO) Units” dated 16/01/2024. • Immediately submit compliance status on verification of TPO Units operating in your State/UT including actions taken in accordance with aforesaid communications dated 19/01/2024 and 20/03/2024 made by CPCB. • Ensure at least yearly compliance verification of TPO Units as TPO units are under orange category and submission of compliance report to CPCB The status of compliance by TPO units in States and Union Territories is given at Annexure V. It is also to submit that 32 no. of SPCBs/PCCs has reported that there are presently 475 Tyre Pyrolysis Oil (TPO) units, out of which 335 units are complying, 140 are non-complying and out of the 140 non- complying units, 19 Units are self- closed and 32 have been closed by respective SPCB/PCC. As reported, actions have been initiated/under process against 89 remaining non-complying units by respective SPCB/PCC. |
Partially Complied by SPCBs/PCCs |
| _3. _ | Point 4 of the order: Second direction of the Tribunal was that CPCB will finalize the classification of the units so that applicable norms can be enforced. |
CPCB issued direction dated 07.11.2022 and 12.02.2025 to State Pollution Control Board and Pollution Control Committees under section 18(1)(b) of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 regarding harmonization of classification of industrial sectors under Red, Orange, Green, White |
Complied |
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| and Blue categories. As per said classification, Tyre Pyrolysis Units have been categorised as “Orange Category”. CPCB vide letter dated 30.11.2023 requested all the SPCBs/PCCs directing for adoption and implementation of uniform categorization for TPO units. |
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|---|---|---|---|
| _4. _ | Point 5 of the order: “The third direction of the Tribunal was to finalize the revised SOP” |
In compliance with the Hon’ble NGT directions, CPCB revised the Standard Operating Procedures (SOPs) for Tyre Pyrolysis Oil (TPO) Units after conducting extensive study of seven (07) Tyre Pyrolysis Oil Units (TPO) Units comprising of three (03) advance batch automated tyre pyrolysis units, three (03) existing batch TPO units and one (01) continuous tyre pyrolysis unit under the guidance of expert committee comprising of experts from NEERI and IIT Delhi. Findings of study carried out by SPCBs in 70 TPO units were also incorporated. The suggestions made by the petitioner & directions issued by the Hon'ble NGT vide its order dated 07-11- 2022, were included. The Standard Operating Producers (SOPs) were placed in public domain on the website of the CPCB on 27-10-2022 for seeking comments and the relevant comments have been incorporated in the SOP. The SOP after incorporating comments of the stakeholder was further sent to expert for their comments. After incorporating their comments, the SOPs were finalized. The revised SOP has been forwarded to SPCBs/PCCs for its implementation. The copy of revised SOPs is annexed as ANNEXURE-II. The revised SoP stipulates the concept of Advanced Batch Automated Process (ABAP) for the improvement in Environmental performance of the Tyre Pyrolysis Oil Units. As per the revised SOPs, the TPO Unit having cumulative maximum batch capacity up to 60 tonnes per day (TPD) only be allowed within a premises and this is applicable for new ABAP type Units /expansion in existing batch type TPO Unit. Further, beyond the cumulative batch capacity of 60 TPD, only continuous process type TPO unit be allowed in case of setting up of new ABAP type units or expansion in existing TPO Unit in a single premises. |
Complied |
| _5. _ | Point 6 of the order: Fourth direction was to provide for certifying the fuel quality standards of pyro-oil as per norms of the Petroleum Ministry in the SOP. Nothing has been pointed out to show that this direction has been |
• That the CPCB in its revised SoP has already mentioned that the TPO will comply with the fuel quality specifications as and when specified by BIS & MoPNG. • Further, CPCB is pursuing the matter related to Fuel quality specification before MoPNG & BIS. And has sent letters and reminder letters dated |
Complied |
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| complied with by CPCB except writing on |
13.12.2023 & 20.03.2024 to both BIS & MoPNG |
|---|---|
13.12.2023 to the Ministry of Petroleum and Natural Gas Regulatory Board (MO PNGRB) seeking the details. |
. • CPCB convened a meeting through virtual mode on 11.03.2024 and was attended by Expert Member from NEERI, Oil sector expert (Former Scientist ‘F’ CSIR-IIP Dehradun), Officials from MoEF&CC, MoPNG, BIS, SPCBs/PCCs & CPCB, whereby, discussions were concluded over usage of Tyre Pyrolysis Oil and status of its inclusion in the list of approved fuels as issued by SPCBs/PCCs. The experts and other participants in the meeting were of the opinion that Tyre Pyrolysis Oil can be compared with Furnace Oil (FO) and can be used as its substitute in those industries where FO has been permitted. It was also observed that Tyre Pyrolysis Oil has lower carbon number, lower Sulphur content and hence emissions (PM and Sox) from usage of Tyre Pyrolysis Oil (TPO) are expected to be lower than that of emissions from FO. Hence, SPCBs/PCCs may consider permitting Tyre Pyrolysis Oil also in such industries where FO has been permitted and adequate air pollution control system has been installed to meet the specified emission norms. The minutes of the meeting dated 11.03.2024 including Typical proposed Tyre Pyrolysis Oil specification as proposed by the fuel quality experts atAnnexure VI. • That MoPNG vide its letter dated 08.04.2024 has informed that BIS has moved a proposal or framing specifications for Pyrolysis Oil produced from waste tyres, Plastics & Biomass. As per discussions held in the technical committee of "Petroleum and their related products of synthetic or biological or natural origin - PCD 03 (Petroleum, Coal, and Related Product Development) of BIS", a study has been proposed for framing the specifications of Pyrolysis Oil produced from all the three sources involving all the stakeholders. |
| • CPCB has again written to BIS on 06.05.2025 seeking status on finalisation of specifications of Tyre Pyrolysis Oil for regulating its usage for industrial processes. CPCB also shared Typical proposed Tyre Pyrolysis Oil Specification as proposed during meeting held on 11.03.2024. • BIS vide its email dated 28.05.2025 informed that an R&D project (Project ID: PCD 0256) has been awarded to the National Institute of Technology, Tiruchirappalli. The project titled “Study on Pyrolysis Oil for Determination of |
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| Correlation Amongst Feedstock |
|---|
| Composition, Manufacturing |
| Technology, and Performance |
| Characteristics,”commenced on 18 |
| February 2025 and is scheduled for |
| completion within four months. |
| Based on the outcomes of the study, the |
| fuel quality standards for TPO will be specified. |
| • Further BIS vide its email dated |
| 03.09.2025 informed that the said R&D |
| project for development of fuel quality |
| standards for pyrolysis oil is still in |
| progress. NIT Tiruchirappalli has |
| requested an extension of the project |
| duration, and it is now expected to be |
| completed by the end of November 2025 |
| (Copy of BIS email dated 03.09.2025 is given at Annexure VII). |
“CPCB'S RESPONSE ΤΟ ΑΝΟΜALY OF TOTAL NUMBER OF ΤΡΟ UNITS AS OBSERVED VIDE THE HON'BLE NGT ORDER DATED 19.11.2025:
8. To recapitulate the matter once again, the chronology and briefs of the Compliance Reports submitted before the Hon'ble NGT are as follows:
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9. CPCB vide its letter dated 14.11.2025 has written to all SPCBs/PCCS wherein information on compliance status of TPO units operating in their respective state/UT as per the revised SOP on "Recycling of Waste Tyre Scrap for the Production of Tyre Pyrolysis Oil in Tyre Pyrolysis Oil (TPO) Units" was sought.
10. CPCB conducted review meeting with all the SPCBs/PCCs on 22.01.2026 for discussion on compliance status and also sought clarification w.r.t variation in reporting of compliance status.
11. In response thereto, all 36 SPCBs/PCCs submitted their compliance reports. As per the reports submitted by SPCBs/PCCs the compliance is as below:
COMPARISON OF COMPLIANCE REPORTS BASED ON WHICH ANOMALY HAS BEEN OBSERVED VIS-A VIS CURRENT COMPLIANCE STATUS
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12. The Hon'ble NGT in its order dated 19.11.2025 has taken note of following two compliance reports submitted by CPCB:
Table: Comparison of Compliance Reports
| S. No. |
Name of State/UT |
Numbe total Units per 757) |
r of TOP (as the |
Number total Units (as the 475) |
of TOP per |
Number of total TOP Units (as per the 695) |
Difference | _Remarks_* |
|---|---|---|---|---|---|---|---|---|
| 1. | Andaman & Nicobar Islands |
Nil | Nil | Nil | ||||
| 2. | Andhra Pradesh |
39 | Report submitted |
not | 28 | -11 | As reported, 11 units have been self-closed |
|
| 3. | Arunachal Pradesh |
Nil | Nil | Nil | ||||
| 4. | Assam | 06 | 04 | 04 | -02 | As reported, 02 units have been self-closed |
||
| 5. | _Bihar _ | Nil | Nil | Nil | ||||
| 6. | Chandigarh | Nil | Nil | Nil | ||||
| 7. | Chhattisgarh | 29 | 28 | 28 | -01 | As reported, 01 units have been self-closed |
||
| 8. | Dadra and Nagar Haveli and Diu Daman |
Nil | Nil | Nil | ||||
| 9. | Delhi | Nil | Nil | Nil | ||||
| 10. | Goa | Nil | Nil | Nil | ||||
| 11. | Gujarat | Nil | Nil | Nil | ||||
| 12. | Haryana | 101 | 91 | 91 | -10 | As reported, these 10 units have been self- closed |
||
| 13. | Himachal Pradesh |
- | 02 | 02 | +2 | |||
| 14. | Jammu & _Kashmir _ |
06 | 06 | 06 | ||||
| 15. | Jharkhand | 13 | 12 | 12 | -1 | As reported, this 01 unit has been self-closed |
||
| 16. | Karnataka | 34 | 31 | 31 | -3 | As reported, |
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| 17. | Kerala | 01 | 01 | 01 | these 03 units have been closed _by KSPCB _ 9 Units have been granted new CTO |
|
|---|---|---|---|---|---|---|
| 18. | Ladakh | - | Nil | Nil | 33 Units have been granted new CTO |
|
| 19. | Lakshadweep | - | Nil | Nil | ||
| 20. | Madhya Pradesh |
64 | 73 | 73 | +9 | |
| 21. | Maharashtra | 85 | Reprot not submitted |
118 | +33 | |
| 22. | _Manipur _ | Nil | Nil | Nil | ||
| 23. 24. |
Meghalaya Mizoram |
Nil Nil |
Nil Nil |
Nil Nil |
||
| 25. | Nagaland | Nil | 01 | 01 | +01 | Granted new CTO to 1unit |
| 26. | Odisha | 13 | 14 | 14 | +01 | Granted new CTO to 1unit |
| 27. | Puducherry | Nil | Nil | Nil | ||
| 28. | Punjab | 18 | As informed there are 19 ΤΡΟ units, however, the verification of the same is _d _ |
21 | +03 | 3 Units have been granted new CTO |
| 29. | Rajasthan | 95 | uner process. Reprot not submitted |
39 | -56 | As reported 56 units have been closed by _RSPCB _ |
| 30. | Sikkim | Nil | Nil | Nil | ||
| 31. | Tamil Nadu | 25 | 17 | 17 | -08 | As reported these 08 units are self- closed. |
| 32. | Telangana | 61 | 65 | 65 | +4 | 4 Units have been granted new CTO |
| 33. 34. |
Tripura Uttar Pradesh |
Nil 148 |
Nil 130 |
Nil 130 |
-18 | As reported these 18 units are self-closed |
| 35. 36. |
Uttarakhand West Bengal |
19 Nil |
Reprot not submitted Nil |
14 Nil |
-05 | As reported these 5 units have been closed by the UKPCB |
| Total | 757 | 475 | 695 | Net -62 | Closed- 115 (50 Self Closed +65 closed by SPCB/PCC) New Units- 53 |
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Net Difference -62
Prakash Shrivastava, CP
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Dr. A. Senthil Vel, EM
February 13, 2026 Execution Application No. 39/2023 (IA No 341/2025, IA No 139/2024, IA No 469/2024, IA No 470/2024) In Original Application No. 400/2019 dv
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Social Action for Forest & Environment (Safe)
Union of India
Prakash Shrivastava
A. Senthil Vel
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
