Delhi Pollution Control Committee bans use of Electricity Generator sets of all capacities in NCT of Delhi
The Delhi Pollution Control Committee (“Committee”) by a Direction (F. No. DPCC/RDPC/DG Set Directions/2017/5118-5135) dated 18th October 2017 has banned the operation of Electricity Generator Sets run on Diesel/Petrol/Kerosene (“Generator Sets”) of all capacities in NCT of Delhi and has directed all Authorities (Government or Private) / Persons / Officers of NCT of Delhi to stop the use of such Generator Sets with immediate effect till 15th March 2018.
Generator Sets used for the following essential services are excluded from being banned under the Direction:
- Medical Purpose (Hospitals/Nursing Homes/Health Care Facilities),
- Elevators (Lifts/Escalators),
- Railway Services/Railway Stations,
- Delhi Metro Rail Corporation services including Trains and Metro Stations,
- Inter State Bus Terminus (ISBTs)
In case of non-compliance with the Directions under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 (“Act”) actions as per Section 37 of the Act shall be initiated against the defaulters.
- The Central Pollution Control Board (“Board”) being the State Board for all Union Territories, for exercise of powers and performing functions under the Act has delegated all such powers and functions in respect of NCT of Delhi to the Committee.
- The Union Territory of Delhi has been declared an Air Pollution Control Area under Section 19(1) of the Act as Delhi faces grave air pollution particularly during winter and the level of pollutants like Particulate Matter Concentration (PM 2.5 and PM 10) goes much beyond the prescribed standards for Ambient Air Quality.
- The Generator Sets have been identified as one of the sources of air pollution in Delhi.
- As per Section 17(1)(a) of the Act, the Committee is required to plan and execute a comprehensive program for the prevention, control and abatement of air pollution. The Hon’ble National Green Tribunal (“Tribunal”) in various orders, has also directed the Government of NCT of Delhi and the Committee to initiate steps to curb the Fugitive Emissions/ Air Pollution in NCT of Delhi.
- In pursuant of the Order dated 2nd December 2016 of the Hon’ble Supreme Court of India in the matter of M.C.Mehta vs Union of India and Othersregarding air quality, the Ministry of Environment, Forests and Climate Change, Government of India has notified the Graded Response Action Plan (GRAP) on 12th January 2017 to be implemented through the Environment Pollution (Prevention and Control) Authority (EPCA)
- The EPCA in its meeting held on 17th October 2017, had decided that the provision of very poor and severe category of GRAP will be enforced in Delhi from 17th October 2017 to 15th March 2018 irrespective of Ambient Air Quality levels in NCT of Delhi.
- The action plan with respect to the very poor category of GRAP included “Stop use of Diesel Generator Sets” and EPCA in its meeting held on 17th October 2017, had decided that operation of such Generator Sets of all capacities would be banned in NCT of Delhi excluding the Generator Sets used for essential Services.
- In view of the decision of the EPCA and in exercise of the powers conferred under Section 31(A) of the Act read with the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983 and to curb the high air pollution in Delhi the Committee issued the Direction banning such Generator Sets.