Tag: pollution level in delhi

Delhi Air Pollution: AQI ‘Severe’ Again, Unfavourable Weather Conditions Major Factor

The air quality in the capital has remained very poor or severe on most of the days in November so far.

New Delhi: Air pollution levels in Delhi worsened on Friday morning due to unfavourable meteorological conditions – low temperature and slow wind speed – and the air quality index read 403 at 9 am, which falls in the severe category.

Low temperatures and slow surface winds allow accumulation of pollutants.

The city’s 24-hour average air quality index (AQI) read 400 on Thursday evening.

The air quality in the capital has remained very poor or severe on most of the days in November so far.

Delhi recorded lowest air pollution levels — in terms of 24-hour average quality index — on November 1 (AQI 281) followed by November 23 (AQI 290).

Neighbouring Faridabad (417), Ghaziabad (373), Greater Noida (378), Gurgaon (361) and Noida (383) also saw a dip in air quality on Friday morning.

An AQI between zero and 50 is considered good, 51 and 100 satisfactory, 101 and 200 moderate, 201 and 300 poor, 301 and 400 very poor, and 401 and 500 severe.

Delhi recorded a minimum temperature of 11 degrees Celsius. The maximum temperature is likely to settle around 28 degrees Celsius.

According to the Ministry of Earth Sciences’ air quality monitor SAFAR, no relief is likely till Monday.

Local emissions and weather are likely to be the dominant factors controlling air quality, it said.

The Delhi government on Thursday reimposed the ban on construction and demolition activities following the Supreme Court order in this regard.

The apex court reimposed the ban on construction activities in Delhi-NCR on Wednesday until further orders.

Also read: ‘What Has Bureaucracy Been Doing?’: SC Slams Centre’s ‘Ad Hoc Mechanisms’ to Tackle Air Pollution

Chief Minister Arvind Kejriwal said the workers affected by the ban on construction activities in the national capital will be provided a financial assistance of Rs 5,000 each and his government will also compensate them for the loss of minimum wages.

The ban on construction and demolition activities was lifted on Monday in view of an improvement in the air quality and the inconvenience caused to the workers.

The Delhi government had on Wednesday decided to resume physical classes in schools, colleges and other educational institutions and reopen government offices from November 29.

The ban on the entry of trucks, barring those engaged in essential services, will continue till December 3. However, “CNG and electric trucks will be allowed to enter Delhi from November 27”.

On November 13, the city government had ordered the closure of all educational institutes, banned construction and demolition activities and asked its employees to work from home to combat air pollution and minimise its health effects.

Four days later, it extended the restrictions, besides banning the entry of trucks carrying non-essential items in Delhi.

(PTI)

Delhi Air Pollution: SC Reimposes Ban on Construction, Asks States To Pay Affected Workers

Non-polluting activities relating to construction such as plumbing work, interior decoration, electrical work and carpentry are allowed to be continued, the apex court said.

New Delhi: Taking note of the worsening air quality, the Supreme Court has reimposed the ban on construction activities in Delhi and the National Capital Region (NCR) and directed the states to provide subsistence to workers from the funds collected as labour cess for the period during which such activities are prohibited.

A special bench headed by Chief Justice N.V. Ramana, in an interim order uploaded Wednesday night, also directed the Commission for Air Quality Management in the NCR and Adjoining Areas to “commission a scientific study of air quality based on available data of previous years bearing upon recorded levels of air pollution”.

“We direct that instead of waiting for the air quality to deteriorate before initiating action under the graded response plan, necessary measures must be put into place in anticipation of a deterioration of air quality. For this purpose, it is necessary for the commission to engage expert agencies with domain knowledge in meteorological data and statistical modelling,” said the bench which also comprised Justices D.Y. Chandrachud and Surya Kant.

Asking the commission on pollution and NCR states – Delhi, Uttar Pradesh, Haryana, Punjab and Rajasthan – to continue with their measures to curb the spike in pollution, the bench reversed the decision to allow construction activities from November 22 in view of the improved ground situation in air pollution level.

“In the meantime, as an interim measure and until further orders, we re-impose the ban on construction activities in the NCR subject to the following two conditions: Non-polluting activities relating to construction such as plumbing work, interior decoration, electrical work and carpentry are allowed to be continued.

“The states shall use the funds which have been collected as labour cess for the welfare of construction workers to provide them subsistence for the period during which construction activities are prohibited and pay wages notified under the Minimum Wages Act for the respective categories of workers,” the order said.

The order took note of the submissions of solicitor general Tushar Mehta, appearing for the Union government, that a plan for graded response has been prepared in pursuance of which measures are identified to be taken progressively on the basis of worsening levels of ambient air pollution.

The bench said as of now, the action is proposed after air quality has deteriorated and directed the commission to take preventive advance measures to deal with the rise in air pollution.

Also read: ‘What Has Bureaucracy Been Doing?’: SC Slams Centre’s ‘Ad Hoc Mechanisms’ to Tackle Air Pollution

Asking the panel to undertake a study, the order said such a study “must factor in seasonal variations and other relevant parameters”.

“Once a scientific model is available, which factors in wind velocity as well as natural and man-made phenomena, the graded response plan can be modulated to provide for measures being taken in advance, based on anticipated changes in air quality without waiting for the air quality to deteriorate.

“On this basis, steps can be planned at least a week in advance and even earlier, based on anticipated levels of air pollution in the foreseeable future. The Commission shall carry out the above exercise within a month and report the steps taken for compliance with this direction,” it said.

The apex court, which fixed the plea for hearing November 29, directed that in the meantime, the Union government, Delhi-NCR states and the commission take appropriate steps to deal with the situation.

Asking why Delhiites should suffer very poor air quality, the bench on Wednesday called for advance preventive steps to deal with the situation before it becomes severe, observing that any dip in pollution is because of the wind, an “act of God”, which too may come to zero by the end of the day.

The court also wondered what signal the country was sending to the world when the national capital was hit by air pollution and told the Union government and the NCR states to continue with their measures to curb air pollution.

The order has been passed in a plea filed by Aditya Dubey seeking urgent steps to improve the air quality of Delhi-NCR.

(PTI)

Do You Pollute the Air? Expect a Friendly Letter From the Authorities.

You know you will be penalised for driving a car without a license. But if you spewed toxic materials into the air without a licence under environmental law, you only need to fear receiving an amiable letter.

This is the second of a two-part analysis of the EPCA’s performance. Read the first part here.

The air pollution spike has prompted various authorities to issue statements on action that needs to be taken to deal with it. Recently, Harsh Vardhan, the Union environment minister declared that criminal cases will be initiated against those who violate environmental law. According to Vardhan, “It doesn’t matter how big an agency or how influential its official is, the CPCB will not be hesitant to initiate criminal prosecution against them. No laxity will be tolerated and we will not allow anyone to play with the health of people,” he said. The CPCB is the Central Pollution Control Board.

Vardhan said that a fixed procedure would be adopted when dealing with air pollution complaints. First, CPCB officials would warn the concerned agency or polluter within 48 hours of a complaint being lodged on the ministry’s ‘Sameer’. If the polluter or agency fails to take corrective measures within the subsequent 48 hours, the CPCB would initiate criminal prosecution.

There are two fundamental problems with this approach. First, the law does not contemplate any ‘warnings’ to a violator. The enforcement agency is not a schoolteacher or parent overseeing a misbehaving child. Second: once the violation has occurred, penal action has to be initiated irrespective of whether the violator has later complied with the law.

In fact, this is one of the core issues vis-à-vis enforcement: the complete lack of political will and administrative capacity to deal with violators. Unlike the income tax and sales tax departments, environment agencies like the pollution control boards remain reluctant to initiate legal action against offenders.

The standard approach of the pollution control board has been to write a ‘request letter’ to the violator to desist from committing an illegal act. This is followed by a second letter reminding the violator of the previous letter. The tone is decidedly friendly and apologetic. If the violator doesn’t heed the warning, the board simply ceases correspondence. It has turned out to be like a bad loan given to a big company: it is less effort for the bank to write it off, clear their balance sheets and achieve tax efficiency than to endeavour to have the money returned.

This approach is further evident with the Environment Pollution (Prevention and Control) Authority (EPCA). The environment minister’s statement about the CPCB initiating action citizens complaint is surprising. His own ministry – on October 3, 2018, reissued a 1998 notification that specifically constituted EPCA, with the specific mandate of receiving and acting on complaints of environmental laws being violated. The EPCA has had this power for two decades and it has never exercised it. Rather than adopt a strict policing role, the EPCA has on the contrary preferred to play the part of a caregiving parent and gently reprimands violators. The result of this attitude is the air-quality disaster over the National Capital Region, leaving the people at a point of almost-no-return.

All statutory laws with respect to the environment were allowed to be violated when the Pragati Maidan, New Delhi, was being redeveloped. The construction of a new ‘Integrated Convention and Exhibition Centre’ was allowed to begin without having received approval under the Air (Prevention and Control) of Pollution Act, 1981, not prior approval under the Environment (Protection) Act, 1986.

An appeal challenging the approval was heard by the National Green Tribunal (NGT). In due course, the NGT clearly expressed its opinion that the EIA Report appeared to be erroneous. However, it finally refused to intervene and upheld the approval granted. Interestingly, the NGT recorded in its judgment that the project did not have the mandatory consent under the Air Act, 1981, but strangely refused to initiate any action.

This is nothing unusual. But what is significant is the sheer brazenness with which the project has been allowed to continue. It is as if the environment ministry, the EPCA, the CPCB and the Delhi Pollution Control Committee are watching on helplessly. Not one agency has bothered to initiate criminal proceedings against the project’s promoters, the Indian Trade Promotion Organisation. There is no reason to believe that the situation will change if complaints are filed on Sameer, the web-based app. After all, an app will not take action – that responsibility falls to human beings. And as the EPCA has shown, this may not come to be, even if a body is vested with all the statutory powers it needs as well as the protection of the Supreme Court.

The next few weeks will see various enforcement agencies, and the courts, attempt to control air pollution. All these are unlikely to have any long-term impact. At the end of the day, all authorities are trying to pass the buck. The court issues a direction to the EPCA to enforce the Graded Response Action Plan to combat air pollution. The EPCA requests chief secretaries of the respective states to initiate action. The chief secretaries write to the district magistrates, who write to the sub-divisional magistrates, and so on. For polluters, it is business as usual; at worst, they may have to shut shop for a few days but that’s okay.

One reason the air pollution crisis is what it is is that we live in a city where passengers will be rightly penalised for driving cars without wearing the seatbelt or without a licence, etc. However, should a citizen spew toxic air and have no licence under environmental law, all that one needs fear is an amiable letter to cease such activity. This friendly approach of the authorities has rendered the National Capital Region an unfriendly, and barely inhabitable, area.

Ritwick Dutta is an environmental lawyer.

Delhi’s Air Is Awful – and It’s Not Even the Worst India Has to Offer

In May, the World Health Organisation said Delhi was the sixth-most polluted city in the country.

New Delhi: That time of year when Delhi makes the news for its severely polluted air is back with a vengeance. On November 8, the day after Diwali, pollution in the city reached the “severe-plus emergency” category because of the widespread use of firecrackers. And while people in Delhi can testify to just how bad it gets, what’s even more surprising is that there are five other Indian cities that fare even worse when it comes to PM 2.5 levels.

PM 10 refers to particulate matter with a diameter below 10 μm; PM 2.5 refers to that with a diameter below 2.5 μm. PM 2.5 is generally considered more harmful since its smaller size enables it to enter the lungs and cause more damage than larger particles can. 

Also read: All You Need to Know About Anti-Pollution Masks

According to a report released by the World Health Organisation in May this year, Kanpur, Faridabad, Varanasi, Gaya and Patna are even more polluted than Delhi. In the list of the 15 most polluted cities in the world, 14 are in India. Almost all of them lie in the northern states of Uttar Pradesh, Rajasthan, Haryana and Bihar.

Rand City PM 2.5 level
1 Kanpur 173
2 Faridabad 172
3 Varanasi 151
4 Gaya 149
5 Patna 144
6 Delhi 143
7 Lucknow 138
8 Agra 131
9 Muzaffarpur 120
10 Srinagar 113
11 Gurgaon 113
12 Jaipur 105
13 Patiala 101
14 Jodhpur 98
15 Ali Subah Al-Salem (Kuwait) 94

While Kanpur ranked at one in the WHO’s list, a Reuters report pointed out that the city has a hard time tracking air quality. “Every week a lung cancer patient walks in; earlier we would get one in three months,” Prem Singh, head of the department of medicine in Kanpur’s Ganesh Shankar Vidyarthi Memorial Medical College, told Reuters.

Varanasi, which ranks third on the WHO’s list, did not see ‘good’ air for even a single day in all of 2015.

Also read: EPCA Was Specially Empowered to Deal With Air Pollution Crises. Is It Working?

In Patna, pollution levels rose sharply on Tuesday. The same trends were visible in Gaya and Muzaffarpur, with air quality in the ‘very poor’ category. S.N. Jaiswal, a senior scientist at the Bihar State Pollution Control Board, told Times of India, “Vehicular emission and dust emanating from damaged roads and construction activities are responsible for the high level of air pollution in Patna and some other cities in Bihar.”

This year, ignoring a Supreme Court order to burst only “green” crackers between 8pm and 10 pm on Diwali, residents burst crackers in several parts of the country at various times of day. In Delhi, which saw a large amount of crackers, PM 2.5 levels reached 999. Yet, post Diwali, Kolkata was worse than Delhi in terms of PM 2.5 levels, with reckless explosions in the city. Patna, Gaya and Muzaffarpur in Bihar were also particularly affected.

While pollution levels in Mumbai rose after Diwali, researchers said the air in the city was cleaner than the same time in other years.

According to Down to Earth magazine, air quality has been deteriorating even before Diwali in all 70 cities for which the Central Pollution Control Board releases an AQI bulletin. Between October 22 and 29, the report says, not one of these cities breathed air in the ‘good’ category. So even while media and public attention has been focused on Delhi and other metropolitans, smaller cities maybe breathing even more harmful air.

The problem is compounded by other factors. In a report by the Times of India, Gufran Beig, director and chief scientist of the System Air-quality Forecasting And Research (SAFAR), said that the convergence of air masses in the Indo-Gangetic plains, together with calmer air during the winter, makes it difficult for stagnant polluting particles to disperse.

Thick Haze Engulfs Delhi as Diwali Celebrations Continue Long After SC Deadline

Several localities in the national capital region recorded an air quality index (AQI) of 999, the highest the scale can record. Police said serious action would be taken against those found violating the 10 pm deadline to burst crackers.

New Delhi: The day after Diwali, Delhi’s air quality index (AQI) turned ‘hazardous’ as celebrations lasted much longer than the deadline of 10 pm set by the Supreme Court. The national capital’s overall AQI was recorded at 805 at 6 am on Thursday morning.

Several locations in Delhi reported an AQI of 999, the highest that the index can record. Areas such as Anand Vihar, Major Dhyan Chand National Stadium were among those that recorded an AQI of 999.

On Wednesday night, the AQI was 302 at 11 pm, which is categorised as “very poor”.The air quality started deteriorating rapidly from 7 pm, when it was 281. It rose to 291 at 8 pm and further deteriorated to 294 at 9 pm and 296 at 10 pm, according to the Central Pollution Control Board (CPCB).

Also Read: In Imposing a Partial Ban on Crackers, SC Has Put Right to Life Over Religious Freedom

The Supreme Court had allowed bursting of firecrackers from 8 pm to 10 pm only on Diwali and other festivals. It had also allowed manufacture and sale of only “green crackers”, which have lower light and sound emission and less harmful chemicals.

The court had asked the police to ensure that banned firecrackers were not sold and said in case of any violation, the station house officer (SHO) of the police station concerned would be held personally liable and it would amount to committing contempt of the court.

But despite the apex court order, there were reports of its violation from many areas long after 10 pm.

Several areas showed a spike in the air pollution. Areas like Anand Vihar, ITO and Jahangirpuri recorded very high pollution levels.

Violations of the deadline were reported from Mayur Vihar Extension, Lajpat Nagar, Lutyens Delhi, IP extension, Dwarka, Noida Sector 78 among other places.

The police admitted that there were violations, adding that they would take serious legal action against those violating the apex court order.

The online indicators of the pollution monitoring stations in the city indicated “poor” and “very poor” air quality as the volume of ultra-fine particulates PM2.5 and PM10, which enter the respiratory system and can reach the bloodstream, sharply rose from around 8 pm.

According to the CPCB data, the 24-hour rolling average of PM2.5 and PM10 was 164 and 294 micrograms per cubic metre respectively on Wednesday.

Haze engulfs Delhi after Diwali celebrations. Credit: ANI

The SAFAR forecast “bad” air quality Thursday even though partially toxic crackers were burst as compared to 2017. It also said the pollution levels would peak between 11 am and 3 am on Wednesday and Thursday.

The Environment Pollution (Control and Prevention) Authority announced on Thursday that trucks would not be allowed to enter Delhi until Saturday, in light of the increased pollution.

High pollution in Gurgaon, Noida and Ghaziabad

The situation was similar, if not worse, in the neighbouring areas of Delhi such as Gurgaon, Noida and Ghaziabad, where crackers were burst as usual, raising question marks on the efficacy of the administration in enforcing the apex court’s ban.

Also Read: China Can Set a Good Example for Delhi’s Air Pollution Menace

A “very poor” AQI essentially means that people may suffer from respiratory illnesses on a prolonged exposure to such air. If the air quality dips further, the AQI will turn “severe”, which may trouble even those with sound health conditions and seriously affect those with ailments.

As many as 209 calls were received by the Delhi Fire Services on Diwali, including one related to a huge fire in a factory at Bawana, officials said.

Of these, 89 calls were related to fire incidents at garbage and dumpyards, while the rest were related to fire incidents involving electric wires, at factories and residential areas, a senior Delhi Fire Services officer said.

The officials said the number of calls related to firecrackers was comparatively low, but there was no decline in the number of calls related to fire incidents.

Air pollution in Delhi was severe after Diwali celebrations. Credit: ANI

The Centre, in collaboration with the Delhi government, has launched a 10-day “Clean Air Campaign” from November 1 to 10 to monitor and report polluting activities as well as to ensure quick action.

About 52 teams deployed under the campaign are visiting different parts of Delhi and the adjacent towns of Faridabad, Gurugram, Ghaziabad and Noida.

The teams are being led by the sub-divisional magistrates of the respective areas and comprise senior officials of the Ministry of Environment, Forest and Climate Change (MoEFCC), representatives of the CPCB, the Municipal Corporation of Delhi (MCD) and the Delhi Pollution Control Committee (DPCC).

(With PTI inputs)

EPCA Was Specially Empowered to Deal With Air Pollution Crises. Is It Working?

Despite being vested with enormous powers, the Environment Pollution (Prevention and Control) Authority has been reluctant to proactively rein in the ‘airpocalypse’ in the National Capital Region.

This is the first of a two-part analysis of the EPCA’s performance. The second part will be published tomorrow.

The National Capital Region is in a state of environmental emergency. For a purely winter phenomenon, air quality is way worse than is acceptable throughout the year. Improvements usually happen by going from the ‘very severe’ category to the ‘very poor’.

The irony is that such environmental deterioration has essentially happened in the last two decades – despite a heightened level of judicial action to control air pollution while having a dedicated authority for it. While the people and the media have concentrated on the nature of action initiated by courts and the pollution control boards, few the manner in which an authority constituted with the objective of ‘protecting and improving the quality of environment’ in the National Capital Region has functioned.

This entity is the Environment Pollution (Prevention and Control) Authority – a.k.a. EPCA. Let us analyse the extent to which the EPCA has performed its mandated task, of ‘improving the quality of environment’, in Delhi. (The following analysis is based on information obtained through RTI applications as well as publicly available information.)

Performance as an authority

The EPCA was constituted under the provisions of the Environment (Protection) Act, 1986. Though it has existed for 20 years, its term is extended by specific notifications issued by the Government of India. The latest notification is dated October 3, 2018, when it was reconstituted by including new members. The reason why EPCA is an authority, and not just an advisory committee, is because it has powers similar to those enjoyed by the Centre. Specifically, it can issue directions in writing to any person, officer or authority, including for – but not limited to – stoppage of electricity, water and other services. If its directions are not followed, it has powers to file criminal complaints (under section 19 of the Act) before courts.

The EPCA chairperson has often written letters to the chief secretaries of various states in the NCR region requesting compliance. However, there is nothing publicly available about action initiated by the EPCA in case of noncompliance. In fact, in a recent RTI response, the EPCA specifically stated that “it never needed to invoke the powers under Section 19 of the Environment (Protection) Act, 1986′.

It is puzzling that despite being vested with enormous powers, the EPCA has been reluctant to issue any directions vis-à-vis environmental quality, restriction of activities, control over emissions and other subjects the authority has mandate over. The last two decades have witnessed a drastic decline in environmental quality in the NCR region, paralleling the EPCA’s reluctance to be proactive. This raises disturbing questions about its attitude in dealing with such a crucial issue.

Also read: Delhi’s Air Pollution Level Rises Sharply Ahead of Diwali, Thick Haze Engulfs City

The EPCA has been empowered to take suo motu action as well as on the basis of complaints made by any individual, representative body or organisation functioning in the environmental issues sector. One of the EPCA’s important powers is the redressal of grievances through complaints. So it is surprising that while applications on pollution are filed before the Supreme Court, the National Green Tribunal and high courts, one rarely hears about complaints being filed before the EPCA.

The authority’s website does not provide any information on how complaints have to be filed or how they will be heard or decided. Further, no report or decision on any complaint is available on the site. In fact, when a specific query was raised with Sunita Narian, a member of the EPCA, about its role, her response was:

EPCA’s main work has been to assist the Supreme Court in preparing Reports and also in monitoring the implementation of the Courts Orders.

This is not the only role of the EPCA. Its principal charge is to serve as an effective grievance redressal forum. And if an effective complaints-processing system had been worked out, it could have led to greater citizen involvement in dealing with pollution.

Conflicts of interest

The EPCA is headed by Bhure Lal, a former secretary to the Government of India. A retired IAS officer, Lal was appointed as the chairperson in 1998. His is perhaps the longest ever appointment in any statutory committee and/or authority in the Government of India.

The issue is no less serious with the authority’s other members. Civil society groups have until recently represented through two members: Narain, director general of the Centre for Science and Environment (CSE), and Vishnu Mathur, director general of the Society for Indian Automobile Manufacturers (SIAM). As a result, there are serious issues with respect to the EPCA’s independence and objectivity.

SIAM’s main role is to promote the growth of the automobile industry and its members have stated in public that they are opposed to any restriction on the use of diesel cars.

Clearly, the presence of official representatives in the authority represents a serious conflict of interest as well as a lack of representation. The official members include all the Municipal Corporations of Delhi, the Delhi Police and the Delhi jal (water) board. There is no representative from any other state other than Delhi. As such, the EPCA can hardly be called an authority representing the NCR region; it is at best an authority for Delhi, given its Delhi-centric approach. This lack of representation is not limited to the government: even with the reconstituted EPCA, all civil society groups and other major institutions are based in New Delhi.

Further, given that the EPCA has been empowered to initiate prosecution, the presence of officials from so many departments and municipal corporations is a cause for concern. This is because most violations of environmental law in India happen thanks to the connivance of enforcement agencies, including municipal bodies.

In a way, this explains why the EPCA has not initiated even a single criminal complaint before a magistrate till date, despite there being numerous violators to pull up. It is therefore a part of the reason why not a single case has been registered under the Air (Prevention and Control of Pollution) Act, 1981, in Delhi – a city that has ranked among the world’s most polluted cities – in three years.

At the same time, one can’t underplay the EPCA’s efforts to improve the environment. For example, the authority is to thank for the Supreme Court’s recent decisions about pet coke and BS VI compliance for vehicles. However, assisting the Supreme Court is not the authority’s primary function. The success of an authority should not be judged by the quality or quantity of reports it prepares but by improvements in the quality of the environment. The fact that many cities in the National Capital Region are horribly polluted is a testimony to the EPCA’s failure.

There is thus a need for a thorough discussion and review on the need and utility of such an authority.

Ritwick Dutta is an environmental lawyer.