Use of fly ash in
construction, laying of roads, reclamation of low-lying areas
etc. is proposed to be made mandatory under the amended Fly Ash
Rules to be notified soon by the Ministry of Environment and Forests.
The statutory period of 60 days for raising objections and making
suggestions in this regard expires this week. Draft Fly Ash Amendment
Rules were notified last month.
The Fly Ash Rules
notified in September 1999 are being amended to make it compulsory
for all agencies engaged in the construction of buildings within
a radius of 100 kms. from coal or lignite based thermal power
plants to use fly ash bricks or blocks or tiles. Beginning with
a minimum of 25 per cent of fly ash products, the new rules require
100 per cent use of fly ash products in due course as per the
schedule specified. This applies to all construction agencies
such as housing boards and private builders of apartments, hotels,
resorts, cottages etc. The State governments will be the enforcing
authorities for the new rules while it was the State Pollution
Control Boards in the original rules.
While the 1999 rules
only required the manufacturers of clay bricks or tiles or blocks
within a radius of 50 kms. from thermal power plants to mix at
least 25 per cent of ash, the new rules put the onus of use of
fly ash on the user agencies. The distance stipulation for manufacturers
has also been enhanced to 100 kms. in the new rules. The defaulting
manufacturers will be penalised with the termination of lease
on land and clay mining.
The amendments also
prohibit construction of roads or fly-over embankments in contravention
of the guidelines issued by the Indian Road Congress within a
radius of 100 kms. of thermal power plant. Reclamation of low-lying
areas within a radius of 100 kms. will have to be done only with
pond ash. Use of fly ash will also be permitted in the reclamation
of seas.
Learning from the
experience of the implementation of the original rules, the new
rules require all agencies including the Central Public Works
Department and the State government agencies to provide for the
use of the fly ash and fly ash products in the schedule of approved
materials and rates. All agencies undertaking construction of
roads or fly-over bridges including the Ministry of Road Transport
and Highways, National Highway Authority of India, Central Public
Works Department, State Public Works Departments and other agencies
are required to make necessary specifications/guidelines for road
or fly-over embankments to enable use of fly ash and its products.
90 million tons of
fly ash is being produced every year from the thermal power plants
only in the country while only 18 million tons is being used,
mostly for embankment of roads, back filling of mines, rising
of dykes, landfill and to a limited extent as fly ash bricks and
other products. CPWD has permitted use of fly ash in load bearing
structures for two-storied buildings. National Highway Authority
of India has begun to incorporate provisions for use of fly ash
in the new tender documents.
The Delhi High Court
is seized of a public interest litigation seeking enforcement
of Fly Ash Rules and the next hearing is on 26th February
2003.
