India:
CAQM's Revised Graded Response Action Plan For Delhi NCR
31 August 2022
Shardul Amarchand Mangaldas & Co
To print this article, all you need is to be registered or login on Mondaq.com.
The Commission for Air Quality Management in the National
Capital Region and Adjoining Areas
("CAQM") has issued the revised Graded
Response Action Plan ("GRAP") for the
National Capital Region of Delhi ("NCR")
under the provisions of the Commission for Air Quality Management
in National Capital Region and Adjoining Areas Act, 2021
("Act"). The revised guidelines will
come into effect from 01 October, 2022. The Supreme Court of India
had directed CAQM in December, 2021 to invite suggestions from the
general public and experts for finding permanent solutions to the
air pollution menace. In compliance with the order CAQM has issued
the revised GRAP based on recommendations by its expert group, thus
replacing the plan released in 2017.
The revised GRAP provides an action plan to address air
pollution in Delhi-NCR based on four different stages of adverse
air quality. Stage – I denotes 'poor' air quality
(Air Quality Index is from 201 to 300); Stage - II denotes
'very poor' air quality (Air Quality Index is from 301 to
400); Stage – III denotes 'severe' air quality (Air
Quality Index is from 401 to 450); and Stage – IV denotes
'severe+' air quality (Air Quality Index exceeds >450)
respectively. For each stage of adverse air quality, GRAP
prescribes different measures to deal with various sources of
pollution along with the names of agencies responsible for the
implementation of such measures.
It is noteworthy that restrictive measures prescribed under the
subsequent stages of adverse air quality will be implemented in
addition to the action already being taken under the previous
stages. This means that when the air quality reaches
'severe+' stage, steps taken under the previous stages,
i.e., 'poor', 'very poor' and 'severe' will
continue to be implemented and all measures mentioned in GRAP will
become effective until air the quality improves.
Mentioned below are certain important measures prescribed under
the various stages of GRAP:
Air Quality
|
Prescribed
Measures
|
Stage I – 'poor' air quality
|
- Prohibition on construction and demolition activities at plots
equal to or more than 500 sqm which have not registered for remote
monitoring with relevant authority.
- Strict vigilance and enforcement of norms to ensure pollution
under control in vehicles. Vehicles with visible emissions will be
impounded and / or levied maximum penalty.
- Strict penal/ legal action against non-compliant and illegal
industrial units.
- Use of only approved fuel by industries and stringent action
against violations in this regard.
- Strict enforcement of all pollution control regulations
applicable for brick kilns and industries.
- Stringent enforcement of emission norms in thermal power plants
(located within 300 km radius of Delhi) and strict actions against
non-compliance.
- ·Power distribution companies to ensure minimum power
supply interruptions in Delhi NCR.
- Ensuring that diesel generator
("DG") sets are not used as regular
source of power supply.
- Spreading public awareness regarding social media and mobile
applications for reporting air pollution incidents and for quick
redressal of these complaints.
|
Stage II – 'very poor' air quality
|
- No use of coal/firewood in tandoors in hotel, restaurants and
open eateries. These businesses should ensure use of electricity or
clean gas fuel based appliances.
- Ensuring uninterrupted power supply to discourage use of
generator sets.
- Ban on use of DG sets except for emergent and essential
services including medical services, railway, metro, projects of
national importance and telecommunication/data services. The
regulated use of DG sets will be allowed for industrial sector in
accordance with directions issued by CAQM on 08 February, 2022.
However, these restrictions will not apply on operation of
CNG/PNG/LPG fired generators in any sector.
- Enhancement in parking fees to discourage private transport and
augmentation of public transport facilities.
|
Stage III – 'severe' air quality
|
- ·Strict ban on construction and demolition activities in
Delhi NCR except for certain specified type of projects. This
restriction, however, will not apply on non-polluting or non-dust
generating activities in construction projects.
- In case of industrial operations:
- For industrial areas with PNG infrastructure and supply,
industries using fuels that are not approved by CAQM will be
closed.
- For industrial areas without PNG infrastructure and supply,
industries will be allowed to operate for a maximum of 5 days a
week till 31 December, 2022.
- With effect from 01 January, 2023, industries that are not
running on approved fuels will be closed.
- These restrictions will not apply for milk and dairy units and
manufacturers of life saving equipments and drugs.
- Closure of brick kilns and hot mix plants not operating on
fuels approved by CAQM. Closure of stone crushers and mining
activities.
- Governments in Delhi NCR may impose restriction on BS III
petrol and BS IV diesel four-wheeler light motor vehicles.
|
Stage IV – 'severe+' air quality
|
- Four-wheeler diesel light motor vehicles will not be allowed in
NCT of Delhi and districts in NCR bordering Delhi, except BS VI
vehicles and vehicles used for essential / emergency services.
There will also be restrictions on movement of trucks, medium and
heavy-goods vehicles.
- Closure of all industries in NCR not running on fuels approved
by CAQM. These restrictions will not apply for milk and dairy units
and manufacturers of life saving equipments and drugs.
- Ban on construction and demolition activities in linear public
projects such as highways, roads, flyovers, power transmission
etc.
- State Governments can decide on the requirement for public,
municipal and private offices to work with 50% strength. Central
Government can decide on this aspect for its offices.
- State Governments may also consider additional emergency
measures like closure of schools/colleges/ educational
institutions, closure of non-emergency commercial activities,
plying of vehicles on odd-even basis etc.
|
The revised GRAP prescribes pre-emptive measures for addressing
air pollution menace as restrictions under each category will be
invoked at least three days prior to the Air Quality Index reaching
the projected levels in that stage. This system will be based on
the dynamic air quality forecast system data provided by
specialized agencies like Indian Meteorological Department and
Indian Institute of Tropical Meteorology to CAQM on a day-to-day
basis. These revised measures are different from the earlier GRAP
wherein action under each stage was taken after the levels of PM
2.5 and PM 10 reached specified limits.
Additionally, the revised GRAP also provides for a ban on the
construction activities under 'severe' category (which in
the earlier GRAP was imposed in 'severe+' category).
Notably, there is no mention of air pollution caused by agriculture
waste burning in Delhi NCR. GRAP also requires the Sub-Committee of
CAQM and Chief Secretaries of state governments to regularly meet
and review the implementation of these measures in their respective
jurisdictions. The inter-regional cooperation among Delhi NCR
airshed region will be critical for the successful implementation
of GRAP.
It is expected that the revised GRAP, in addition to multiple
directions issued by CAQM regarding permitted fuels, use of DG sets
and comprehensive plan on menace of air pollution, will ensure
consistency in air pollution management policies across Delhi NCR.
However, it remains to be seen as to how the implementation of
these policies will overcome the challenges and shortcomings
identified in the earlier policies to address air pollution in
Delhi NCR. More importantly, the proposed restrictions on BS-IV
diesel vehicles which are less than 10 years old may also face some
resistance.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Environment from India
Environment Laws In India
Vaish Associates Advocates
The National Biodiversity Authority in Chennai has been established for the purposes of implementing the objects of the Act.
Waste Management In India: An Overview
PSA
An inevitable consequence of development and industrial progress is generation of waste. Therefore, efficient waste management is a matter of international concern.