‘Need Plan To Address The Issue Of Carbon Emissions Arising Out Of Power Generation’, SC To Centre

New Delhi: The Supreme Court has directed the Ministry of Power to convene a joint meeting with the Central Electricity Authority (CEA) and the Central Electricity Regulatory Commission (CERC) to formulate and implement a plan for achieving short-term and long-term goals to reduce carbon emissions from coal-fired power plants. The apex court stressed that it is necessary to connect those involved in the process of power generation, transmission, and distribution, as well as the regulators.

A bench comprising justices PS Narasimha and AS Chandurkar, referring to a previous order passed in February this year, said that climate change has ascended as one of the most existential global predicaments, wielding profound ramifications beyond mere environmental degradation, escalating temperatures, and erratic weather patterns. The bench said against the backdrop of the proliferation of extreme climatic events such as floods, droughts, and heatwaves, it is compelling for individuals and institutions to converge and adopt a coordinated effort to effectively deal with the emerging situations.

The apex court was informed that there are several coal-fired power plants in Punjab and Haryana, within 300 km of the NCR. The amicus curiae, in the written submissions, said a study based on the environmental status reports for these thermal power plants, sourced from Central Electricity Authority (CEA), a technical arm of the Union Ministry of Power, from April 2022 to August 2023, concluded that non-compliance with emission standards is contributing significantly to air pollution in the region. “According to one report, these plants account for around 8% of the PM2.5 pollution in Delhi-NCR”, it added.

“Coal-fired power plants emit particulate matter (PM2.5 and PM10), nitrogen oxides, sulphur oxides, as well as carbon dioxide, a greenhouse gas. Unlike the smoke from open burning of stubble, emissions from power plants are discharged along with exhaust gases from tall stacks as buoyant plumes, which can transport the pollutants over greater distances”, said the submissions. The bench was informed that emissions of sulphur oxides from power plants lead to the formation of secondary particulate matter, with smaller aerodynamic diameters that disperse with exhaust gases and can affect ambient air quality at greater distances.

The bench was informed that nearly 540 power plant units nationwide were required by 2026 to install flue-gas desulphurization (FGD) systems that remove sulphur from the plants' exhaust gases, but only about 8% have done so, including those run by state-run NTPC and privately held JSW Power 30.

“It is argued that FGD systems do not actually improve air quality, and the focus instead should be on cleaner-energy sources, and India should phase out older and less efficient coal-based plants instead of spending money on FGD systems. Note that FGD systems do not control emissions of greenhouse gases. However, until such time as renewable sources such as solar and wind are capable of meeting the demand, coal-fired TPPs are going to be around. The question is whether coal-fired TPPs should continue to emit current levels of SO2 during the period of transition or if there is any alternative technology that the Government needs to discover and implement”, said the amicus submissions.

A counsel, appearing on behalf of the Union of India, referred to the affidavit filed by the Ministry of Environment, Forest and Climate Change, indicating the plan and the steps that have been taken as regards controlling and regulating the carbon emissions arising out of power generation.

The bench, in an order passed on July 22, said: “In order to address the issue of carbon emissions arising out of power generation, we deem it necessary that all stakeholders must be on the same platform to discuss, formulate and implement the plan systematically and consistently for achieving short-term and long-term goals”.

The bench stressed that it is necessary to connect those involved in the process of power generation, transmission and distribution, as well as the regulators. “It is equally necessary to ensure that the policy makers are attuned with ground realities and the difficulties of the regulatory and executive machinery”, it said.

The bench directed to implead the Central Electricity Authority constituted under Section 70 of the Electricity Act, the Central Electricity Regulatory Commission constituted under Section 76, as party respondents in the matter.

“We implead them as respondents and issue notices. We direct the Ministry of Power to convene a joint meeting with the Central Electricity Authority and the Central Electricity Regulatory Commission to discuss the plan of action with respect to the reduction of carbon emissions in the power generation sector and file a joint affidavit indicating the legal regime for this purpose and the plan of action in furtherance of the same. The affidavit shall be filed within four weeks from today”, said the bench, in its order.

The apex court has scheduled the matter for further hearing on August 19.

The apex court passed the order on a plea by one Ridhima Pandey, challenging the Centre’s approach in addressing climate change.

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