Directions under Section 12 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Actr 2O2l - Regulations for use of DG sets in NCR

Directions under Section 12 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Actr 2O2l - Regulations for use of DG sets in NCR.

1. WHERBAS, Ministry of Environment, Forest and Climate Change, Government of India, in exercise of the powers conferred under Section 3 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act 2O2 [, has constituted the Commission for Air Quality Management in National Capital Region and Adjoining Areas (hereinafter referred to as the Commission);

2. WHEREAS, under Section 12 (1) of the Act, the Commission is vested with powers to take all such measures, issue directions, etc., as it deems necessary or expedient for the purpose of protecting and improving the quality of the air in the National Capital Region and Adjoining Areas;

3. WHEREAS, Section 12 (2) (ix) of the Act empowers the Commission to issue directions in writing to any person, officer, or any authority and such person, officer or authority shall be bound to comply with such directions;

4. WHEREAS, the Commission has repeatedly taken up the matter relating to air pollution with the State governments of Haryana, Rajasthan, Punjab, Uttar Pradesh and Government of NCT of Delhi and various organizations concerned of the Central and State Governments/ GNCTD and has issued various Directions, Advisories and Orders for effective implementation of measures for abating air pollution in NCR from time to trme;

5. WHEREAS, the Commission has been highlighting that amongst others, uncontrolled use of Diesel Generator (DG) sets is a major contributing factor for deterioration of air quality in the region;

6. WHEREAS, in wake of generally prevailing adverse air quality in NCR during the winter season, the Commission vide its directions No. 54-57 dated O8.O2.2O22 clarrfred the emergency purposes /services for which DG sets could be used, even under the period of ban imposed under the Graded Response Action Plan (GRAP) and also permitted limited and regulated use of DG sets in the industrial sector even during the periods of retriction under the GRAP;

7. WHEREAS, the Commission vide its directions No. 68 dated 14.O9.2022 also permitted regulated use of DG sets more than B0O kW gross power category subject to conditions stipulated therein;

8. WHEREAS, large number of diesel generator sets operating in the region, even during the periods other than the ban under the GRAP, cause heavy air pollution and are a matter of concern and thus with a view to regulating the use of DG Sets even for the periods when there is no ban or restrictions imposed under the GRAP, the Commission in furtherance to Direction No. 54 to 57 dated 08.O2.2022,Drcection No.68 dated 14.O9.2022 and Order dated 16.12.O22 and subsequent corrigendum dated 23.O1.2023, in exercise of its powers vested under Section 12 of the Commission for Air Quality Management in NCR and Adjoining Areas Act 2021, directed vide Direction No. 71 that w.e.f. 15.05.2023, even for periods other than banl restrictions under the GRAI'], any use of DG sets of capacity upto 800 kW shall be permitted for industrial and commercial sector in the entire NCR and residential etc., only subject to their conversion to dual fuel system (70% gas + 3Oo/o diesel) in areas where gas infrastructure and supply is available:

9. WHEREAS, large numbers of representations from industrial associations, commercial entities, business organizations and individuals were received in the Commission and the issues have been repeatedly raised during interactions including with the industrial associations and the Chambers of Commerce, citing various techno-commercial constraints towards implementing the above noted directions, with MSME associations across NCR in particular citing huge financial burden towards implementation of the regulations related to DG sets, also highlighting the following difficulties and constraints:

                   (i) There are still not enough certified vendors for all capacities of DG sets up to 800 kW capacity. The only range of DG sets where design/ vendor for ECDs has been certified is from 125 kW - 50O kW. It is also unlikely that RECDs would be certified for lower capacity range than 125 kW. Likewise, RECD development is still underway for capacities above 500 kW.

                       (ii) On the matter of dual fuel kits for retro-fitment in DG sets, while there is no issue of availability of kits/ vendors in the market, the constraint is primarily on availability of gas supply dedicatedly for DG sets in such industrial units where the core processes are not on PNG but other approved fuels. The CGD agencies apparently are taking too long to process the request from such agencies to provide PNG and the charges for the same are also reported to be very high. There are still some areas where gas infrastructure itself is not available, however, if a dedicated PNG supply network is not available, the requirement of gas for such dual fuel conversion could be arranged through mobile gas cascades/ cylinders in such areas.

                  (iii) Some sectors, particularly MSMEs cited a heavy financial burden on them on account of the directed retro-fitment of dual fuel kits as also the ECDs. It was reported, based on abstract estimates, that the cost of retro-fitment of both the systems as above would almost be equal to the cost of a new DG set particularly for lower capacity DG sets which are most predominantly used for industrial and other such \ applications in the NCR by the MSMES.

                        (iv) The potential for lowering of emissions through retro-fitment of dual fuel kits or through RECDs appears to be comparable across various capacities of DG sets.

                      (v) A large number of portable DG Sets (below 19 kw capacity) are reported to be available in NCR across various sectors including individual residential units and shops etc. There are technical constraints and issues including commercial availability of ECDs/ dual fuel kits for such low-capacity DG sets, along with prohibitive costs for such low-capacity DG sets.

                   (vi) MoEFCC, based on GPCB's recommendations have notified standards of emissions for new DG sets in November, 2022, which would come in force for new DG sets to be manufacture cl post O1.O7.2023. The design parameters and standards of emission as per this revision are much stringent and even tighter with respect to the quality of emissions that is envisaged out of retro-fitment of the dual fuel mode and fitment of RECDs.

10. WHEREAS, in view of the above noted technical, commercial and practical aspects and the constraints involved in emission control arising from DG sets and considering the practical aspects of implementation of Directions and need to achieve better compliances as well as to reduce pollution arising out of large scale use of DG sets across the various sectors including industrial, commercial, institutional and residential units/ premises, there appears to be adequate rationale to revisit / review the extant directions on the regulated use of DG sets;

11. NOW, THEREFORE, in modification of all extant directions t orders / guidelines on the regulations for DG sets, the Commission directs for adoption of the following revised Schedule for regulated operations of DG sets across all sectors in the NCR including Industrial, Commercial, Residential and Office establishments etc.:

12. It is hereby directed that the above noted schedule for regulation of DG sets would come in force in the entire NCR strictly w.e.f. oL.lo.2o23 and Retro-fitment of dual fuel kits or ECDs, wherever warranted, must be targeted to be completed latest by 3O.O9.2O23, failing which the use of the Diesel genset shall not be permitted under any circumstances, anywhere in the entire NCR.

13. NCR State PCBs/ DPCC shall ensure compliance of above directions through suitable consent mechanisms and periodic monitoring.

                                                                                                                                                                                 Arvind Nautiyal,

                                                                                                                                                                                Member- Secretary

                                                                                                                                                                                Tel: 0ll-237o1197

                                                                                                                                                                   Email : arvind.nautiyal@gov.in

       To

               1. The Chief Secretary, Government of NCT of Delhi

               2. The Chief Secretary, Government of Haryana

               3. The Chief Secretary, Government of Rajasthan

               4. The Chief Secretary, Government of Uttar Pradesh

        Copy to:

              1 Chairman, HSPCB

              2 Chairman, DPCC

              3 Chairman, RSPCB

              4 Chairman, UPPCB

              5 Chairman, CPCB.

      Copy also to: 1. The Chairperson and all Members, CAQM

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