CAQM Approves Strengthened Measures to Curb Air Pollution from Construction and Demolition Activities – EQ

In Short : The Commission for Air Quality Management (CAQM) has approved enhanced measures to control air pollution caused by construction and demolition activities. These measures include stricter dust suppression protocols, mandatory covering of materials, and better debris management. The initiative aims to improve air quality, particularly in urban areas, and aligns with efforts to address environmental and public health concerns.

In Detail : It delegates its powers under Section 14 of the CAQM Act to the Member-Secretaries of the Pollution Control Boards in the NCR states of Uttar Pradesh, Haryana, Rajasthan and Member Secretary, DPCC (in their capacity as the Members of the statutory Sub-Committee of the Commission on “Safeguarding and Enforcement”) for prosecuting project proponents / executing agencies, in case of gross violations of directions / orders in respect of dust / air pollution control and mitigation measures at such sites

The Commission also directs the Pollution Control Boards to effect closure of such sites and for imposition / realisation of the prescribed environment compensation charges in such cases of gross violations

The 19th meeting of the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM), chaired by Shri Rajesh Verma, Chairperson, was held on 27.11.2024. Several critical issues were deliberated upon focusing on the following:

1.Review of Actions by Agencies under Graded Response Action Plan (GRAP)

• The Commission comprehensively reviewed the actions undertaken under GRAP, particularly since the invocation of GRAP Stage-III on 15.11.2024 and Stage – IV on 18.11.2024.

2. Directions Issued since the last meeting of the Commission held on 03.07.2024

• Direction No. 82 dated 20.08.2024 – Enhanced parking charges for private vehicles to encourage public transport.
• Direction No. 83 dated 17.09.2024 was issued for adoption of a comprehensively reviewed schedule under GRAP for 2024.
• In wake of Hon’ble Supreme Court’s directives in the matter WP (c) 13029 of 1985 titled M C Mehta Vs UoI and ors on 18.11.2024, a partially amended GRAP schedule was issued on 20.11.2024, amending clause 11 under GRAP Stage-III, Clause 5 under GRAP Stage-IV and incorporating an additional clause 12, mandating these for the National Capital Territory of Delhi and the districts of Gurugram, Faridabad, Ghaziabad and Gautam Buddh Nagar. The CAQM further advised the State Governments to take appropriate decision for other NCR districts in this context.

Revised GRAP Directions for Schools and Institutions

• In compliance to the directions of the Hon’ble Supreme Court in its order dated November 25, 2024, an order was further issued by the Commission on 25.11.2024, for mandatorily conducting classes up to 12th Standard in schools and in colleges / educational institutions etc. in a “Hybrid” mode i.e., both in “physical” and also in an “online” mode in the territorial jurisdiction of the NCT of Delhi and in the districts of Gurugram, Faridabad, Ghaziabad and Gautam Buddh Nagar in the NCR. The option to exercise online mode of education, wherever available, shall however vest with the students and their guardians. The CAQM advised the NCR State Governments to also consider conducting classes in a hybrid mode as above in all other areas in NCR.
• Direction No. 84 dated 10.10.2024 was issued delegating the powers of the Commission under Section 14(2) of the CAQM Act to the Deputy Commissioners / District Collectors / District Magistrates in the States of Punjab, Haryana, NCR areas of Rajasthan and Uttar Pradesh and in the NCT of Delhi authorizing them to file complaint/ prosecution before jurisdictional judicial magistrate, in case of inaction in respect of officials, including nodal officers and supervisory officers at various levels and Station House Officers, responsible for effective enforcement towards ensuring elimination of paddy stubble burning in their respective jurisdictions.

3. Revised Environmental Compensation (EC) charges for Stubble Burning

• In consonance with The Commission for Air Quality Management in National Capital Region and Adjoining Areas (Imposition, Collection and Utilization of Environmental Compensation for Stubble Burning) Amendment Rules, 2024 notified by the Ministry of Environment, Forest and Climate Change, the Commission issued an order dated 07.11.2024, enhancing the environment compensation charges for paddy stubble burning as under:
• ₹5,000 per incident for farmers with less than 2 acres.
• ₹10,000 for farmers with 2-5 acres.
• ₹30,000 for those with more than 5 acres.
• The Commission ratified the above stated order.

4.Paddy Residue Burning Monitoring

• Cumulative paddy residue burning events during 15.09.2024 – 26.11.2024:

While the paddy harvesting season is almost drawing to a close now, the State Governments in Punjab and Haryana were directed to maintain strictest vigil, not tolerating any laxity and duly ensuring all the prescribed actions in case of all reported paddy stubble burning events. It was further reiterated that considering the prevailing adverse air quality scenario and high AQI levels in Delhi-NCR, there should not be any slackness in monitoring and penal / punitive actions, ensuring expeditious verification of fire incidences within 24 hrs.

• Reports on enforcement actions for prevention and control of paddy stubble burning between September 15 and November 26, 2024, were reviewed particularly the actions under Section 14 of the CAQM Act, 2021.

5. Status of Enforcement Actions in other sectors viz. Industries, C&D Projects etc.

• Status of the sample inspections conducted by the Flying Squads deployed by CAQM and subsequent enforcement actions viz. Directions for closure, levy and realisation of appropriate environment compensation charges from the violators by the NCR State Pollution Control Boards / DPCC and resumption of such units / entities was presented and deliberated upon in the meeting.
• Numbers and quality of independent inspections by the NCR State Pollution control Boards / DPCC and other agencies concerned towards enforcement actions in various sectors were found wanting and these agencies were advised to step up their efforts in this direction, particularly in wake of prevailing adverse air quality scenario and the ongoing measures under the GRAP Stage -IV (including actions envisaged under Stages I–III).
• Further, while deliberating upon the issue of dust pollution emanating from Construction and Demolition (C&D) activities in the National Capital Region (NCR), a robust and stringent direction to tackle the persistent issue of dust pollution emanating from Construction and Demolition (C&D) activities including penalties for violations of Statutory directions of the Commission was considered the need of the hour and was placed for approval during the meeting.
• Accordingly, towards ensuring strict implementation of various directions, advisories, orders issued by the Commission, the Construction and Demolition Waste Management Rules 2016 issued by MoEF&CC and various dust mitigation measures stipulated from time to time by other authorities concerned viz. the CPCB, SPCBs / DPCC and other agencies under the State Governments / GNCTD, the Commission, in exercise of the powers conferred upon it under Section 14 (2) decides to authorize the Member-Secretaries of the Pollution Control Boards in the NCR states of Uttar Pradesh, Haryana, Rajasthan and Member Secretary, DPCC, in their specific role and capacity as the Members of the statutory Sub-Committee of the Commission for “Safeguarding and Enforcement” to file complaint for prosecution of the project proponents / executing agencies before the Jurisdictional Judicial Magistrate, in case of gross violations of directions / orders in respect of dust / air pollution control and mitigation measures at such sites, besides ordering closure of such sites and imposition / realisation of environment compensation charges in such cases of gross violations.
• Further, complaints filed in this regard shall be appraised to the Commission on a monthly basis along with the monthly progress report as per extant practice on measures for mitigation of air pollution from C&D activities.

6. All implementing agencies committed to regularly review air pollution control measures and to take strict and effective action across various sectors, including under GRAP.