ToxicsWatch, Journal of Earth, Science, Economy and Justice

Press Statement
Delhi Government & MNRE Caught on Wrong Foot Again

New Delhi 30/1/2010: Unmindful of the adverse order of the Delhi High Court dated 15 January 2010, Power distribution company BSES Rajdhani Power Limited (BRPL) has signed a 25-year power purchase agreement with Timarpur-Okhla Waste Management Company Private Limited (TOWMCL) which is setting up a polluting waste to energy plant in the national capital to produce electricity from wastes. The agreement was signed on January 20, 2010. This plant is based on a hazardous technology that receives fiscal incentives from Union Ministry of New and Renewable Energy (MNRE).

In the presence of A.S. Chandihok, Additional Solicitor General, the bench headed by the Chief Justice, Delhi High Court in an order by dated 15th January observed, “that the project in question” and “the location of the pilot project in Delhi was neither recommended by the Expert Committee nor approved by the Supreme Court.” The Registry was directed “to list the matter before DB-1 on 3rd February, 2010. Respondents are given two weeks time to file a counter affidavit.”

As per the agreement, BRPL will procure 50 per cent of the 16 MW electricity to be produced by TOWMCL at its plant in Okhla in the vicinity of numerous residential areas such as Sukhdev Vihar, Hazi Colony, Gaffar Manzil and others. The plant being set up plans to process over 6,43,500 lakh metric tonnes or one third of Delhi's Municipal Solid Waste (MSW) per year generated in Delhi. The plant is scheduled to be commissioned in late 2010-2011. Around 1,300 Tonnes Per Day (TPD) of MSW will be sourced from the Okhla landfill site and 650 TPD from Timarpur. BRPL will procure power at a DERC approved competitive tariff rate, determined by a competitive bidding process. The agreement allows the promoters to sell the remaining 50 per cent electricity through a suitable open access mechanism.

Similar waste to energy project is coming up at Ghazipur as well. Earlier, in November, 2009 BRPL had signed a 25-year-agreement to procure 49 per cent of the electricity generated from garbage to energy project at Ghazipur.
Notably, while 'whether or not energy from mixed municipal waste (with hazardous characteristics) is a driving concern' remains in dispute, the Prime Minister’s National Action Plan on Climate Change (NAPCC) categorically refers to Biomethanation technology, a biological treatment method for waste to energy instead of the Refuse Dervied Fuel (RDF) process which is a incineration technology and is a tried, tested, failed and Dioxins emitting technology.

Scientists investigating the effects of Agent Orange in Vietnam have found that people living in the areas where USA had used it as a chemical weapon have the highest blood levels of its poisonous chemical dioxin ever recorded in the country. Agent Orange, which has the dioxin (TCDD - short for 2,3,7,8-tetrachlorodibenzo-p-dioxin) as one of its constituents, was last used in 1973. Scientists from the US led by Prof. Arnold Schecter of the University of Texas published his findings wherein he observed that Dioxins causes cancers and problems with reproductive development, the nervous and immune systems.

Since March 2005 present Chief Secretary in different capacities as Commissioner, Municipal Corporation Delhi (MCD) and later as Power Secretary, Delhi government, has been misled into promoting this dubious technology despite incontrovertible evidence against the technology and in spite of its explicit exclusion by NAPCC.

Unmindful of the environmental and human cost the installation of proposed municipal solid waste (MSW) to energy plants in Ghazipur, Timarpur and Okhla, based on incineration of Refuse Derived Fuel (RDF) is being pursued. This compelled the residents to move to the Delhi High Court. Earlier, the matter came up for hearing on December 11, 2009 wherein the petitioners (Sukhdev Vihar Residents Welfare Association & others) pointed out the polluting nature of the Refuse Derived Fuel (RDF) Incineration technology and how both the central government and the Delhi government has misled the court. The court in its latest order has found that it was misled earlier which had led to it dismissing the petition which has now been restored.

The concerns about polluting technology venture is fraught with disastrous public health consequnces for which two companies namely, Timarpur-Okhla Waste Management Company (TOWMCL) and the Unique Waste Processing Company (subsidiary of IL&FS Infrastructure Development Corporation Limited have been set up to deal with the waste from South Delhi, North West Delhi and East Delhi.

Delhi government and Union Ministry of New and Renewable Energy (MNRE) must take cognizance of the sad plight at waste to energy site in Gandhamguda village in Ranga Reddy district of Andhra Pradesh (wrongly mentioned as Hyderabad project) which had the same technology. While the RDF incinerator was in operation, the village was covered by a heavy shroud of dark smoke. Originally a pelletisation plant with a furnace, After the plant came up, local doctors started detecting case of problems not found before — skin rashes, asthma, respiratory problems and some cases of stillborns. In a statement, Gandhamguda sarpanch D. Shakuntala had said: ‘‘Everyone in Peerancheru Gram Panchayat and its adjoining regions is now contaminated with harmful pollutants and symptoms are visible in the form of brain fever, vomiting, jaundice, asthma, miscariages, infertility.’’ Similar fate awaits residents of Delhi. For misplaced carbon revenue, it would not be appropriate to turn Delhi residents as guinea pigs. MNRE has an incorrect policy of subsidizing hazardous technologies like proposed incinerators.

East Delhi Waste Processing Company Private Limited, a special purpose vehicle of the latter company is working for generating electricity at the Ghazipur site with the support of the Delhi Government. ‘New Delhi Waste Processing Company Private Limited’ a Joint Venture company of Delhi Government, IL&FS and APTTDC is supporting the project as well. The integrated municipal waste-processing complex is proposed to include a MSW processing plant at Ghazipur to produce Refuse Derived Fuel (RDF) along with a power plant of 10 MW capacity where the RDF derived from the waste will be used as fuel to produce electricity. It is supposed to handle an average 1300 tons per day. It claims that 111,949 metric tonnes CO2 equivalent per annum of green house gases would be reduced. The crediting period for the project is from 1st November, 2010 to 31 October, 2020.

The Timarpur-Okhla carbon credit project which was registered on 10th November, 2007 with a claim to reduce green house gases to the tune of 262,791 metric tonnes CO2 equivalent per annum. Unique Waste Processing Company, a subsidiary of Infrastructure Leasing and Financial Services (IL&FS) and Andhra Pradesh Technology Development Centre (APTDC) has incorporated Timarpur-Okhla Waste Management Company for developing the project for processing municipal waste and also to produce electricity at two locations namely Timarpur and Okhla, at the site at Okhla that is adjacent to defunct Okhla Sewage Treatment Plant (STP). TOWMCL is working with New Delhi Municipal Council (NDMC) and MCD. The Timarpur and Okhla plant will together be processing 650 tonnes per day of MSW at Timarpur site and 1300 tonnes per day of MSW at Okhla and claims to generate 16 MW of electricity.

The Timarpur-Okhla carbon credit project has been met with protest rally from the residents of Gaffar Manzil, Sukhdev Vihar and Hazi Colony together. Local politicians have also pledged their support for the protesters. Over 600 people walked through the colonies in a procession to stage their protest. The proposed plant is located inside dozens of densely populated residential colonies like Harkesh Nagar and Johori Farm, when the policy of the government is to shift or relocate all existing industries whatsoever from the residential areas. Besides this the site is in proximity of hospitals like Holy Family, Fortis-EScorts and Apollo. Inhabitants of colonies like Gaffar Manzil, Sukhdev Vihar and Hazi Colony are rightly alarmed at the prospect of a Dioxins emitting incinerator plant from coming up in their vicinity.

Earlier residents had not allowed the land hand over ceremony for the project that is proposed in the residential area of Okhla but unmindful of the public protest, NDMC had permitted Jindal Urban Infrastructure Ltd to set up this plant. This company has secured a contract from New Delhi Waste Processing Company Limited, a joint venture between the Delhi Government and Infrastructure Leasing and Financial Services Ltd. (IL&FS), to produce 16 MW power from 2, 000 Metric Tonnes of municipal waste.

In fact the Master Plan Report (2020) of Municipal Corporation of Delhi (MCD) itself says, ... “RDF is often an option when emission standards are lax and RDF is burned in conventional boilers with no special precautions for emissions.” One is surprised that despite this observation the report then goes on to suggest RDF. In fact the MCD report itself says that RDF is another form of incineration.

RDF is a thermal and combustion technology, mainly used to prepare waste for mass incineration. Needless to say, if mixed waste is burnt, it will create problems of very toxic compounds such as dioxins and furans, heavy metals and other pollutants. The calorific value for the waste comes from materials such as plastics and metals. Plastics, especially chlorinated plastics such as polyvinyl chloride (PVC) when combusted gives rise to these highly toxic pollutants. In fact PVC plastic combustion is banned in India by regulation both in the municipal and bio-medical waste handling rules.

RDF or incineration is completely inappropriate for Indian urban waste, which is largely biodegradable in nature, but also that they extract a very high cost for the energy which they claim to generate. The cost, which is largely subsidised by various schemes, does not however include the environmental and health costs caused by their toxic releases, and which are externalised.

These technologies also use valuable resources which can be recycled, such as plastics and metals, and which support a massive recycling sector in the country. On the other hand Indian municipal waste is fit for composting and bio-methanation treatment processes.

The move underway to install RDF plants in Delhi is an environmentally unsustainable solution. It raises serious concerns about the health and safety of the citizens of Delhi, which we believe such a technology, will jeopardize.

For Details: Gopal Krishna, ToxicsWatch Alliance, Mb: 9818089660
Skype id: witnesskrishna
E-mail: krishna2777@gmail.com
Blog: toxicswatch.blogspot.com

Waste Incineration Techniology Violates Kyoto Protocol & Stockholm Convention

TERI's latest 222 page Report "Looking Back to Change Track" as part of its project titled 'GREEN (Growth with Resource Enhancement of Environment and Nature) India 2047' deals with Municipal Solid Waste in chapter VIII notes that "Incineration plants have largely been unsuccessful in India mainly on account of the feedstock used – high contents of moisture and inert material in the input garbage with the low calorific value. After the initial unsuccessful experience (Timarpur, Delhi), commercial incinerators have not been established in the country."
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It observes that "After initial problems with the RDF plants set in Mumbai and Bangalore which were closed on account of lack of good calorific value stock, two plants were set up – in Hyderabad (200 tonnes per day (TPD) in 1999, that later increased to 700 TPD with generation of 6.6 mega watt (MW) power in 2003) and in Vijaywada (600 TPD with a capacity to generate 6 MW of power). Two plants are under planning in Delhi, where RDF more amenable to bioconversion (for example, forms a major part of the system. More RDF composting and biomethanation) as against plants are on the anvil, boosted by the demand from cement plants aiming at fuel substitution for accessing CDM benefits. The cost of power generation from RDF however remains high–ranging between Rs 10–18 crores/MW mainly due to lack of recyclables in Indian MSW and high moisture content in the waste feed. Such projects therefore essentially require subsidy and favourable power purchase agreement to sustain. Waste to Energy (WTE) Projects should be largely treated as waste management projects rather than energy generation options."

It argues that "MSW generated in India seems best suited for treatment options such as composting (aerobic, windrow or vermicomposting) and biomethanation for bio-degradable waste. Typically, however, processing plants are fed with mixed garbage which also contains 15%–20% of material (soiled paper, plastics, rags, leather, and so on) that can neither be composted nor digested. It is therefore recommended that waste processing facilities (compositing/biomethanation) should be integrated with second treatment options that convert such material into RDF. In the case of small facilities (up to 100 TPD), semi-mechanized RDF processing plants can be installed to reduce capital cost and cater to industries that can replace conventional fuel by RDF. Larger facilities can have dedicated RDF cum power generation facility."

It suggests that RDF be combined "with biomethanation, such facilities can also take advantage of biogas for production of power" to get an eco-friendly tag to hazardous technology.The commercial viability of waste processing technologies will require significant policy changes as far as compost and power generation from wastes is concerned. A study by TERI has demonstrated that closing the viability gap for waste-to-energy plants would require preferential tariffs for power generated from such plants.

The study refers to an ADB funded project on studying the present funding gap in MSW based waste-to-energy projects in India, two potential technological options – biomethanation projects and RDF based power generation were evaluated in detail to arrive at potential viability gap in funding these projects. The study revealed that to ensure proper feed stock for such projects, it is suggested that the waste collection and transportation is done by the project developer and favourable power purchase agreement and benefits from CDM make the projects viable on their own.

Government of National Capital Territory of Delhi has announced an action plan comprising 65 specific actions to address climate change as part of the State's development policy framework by 2012, which is aligned with the country's National Action Plan on Climate Change.

Not surprisingly, the Press Note for the Release of Climate Change Agenda for Delhi 2009-12 notes that Chief Secretary (Rakesh Mehta) has prepared this agenda wherein he refers to waste to energy initiatives taken by the Delhi government. It has been claimed that the agenda is in line with the Prime MInister's National Action Plan on Climate Change (NAPCC). The fact is that NAPCC is categorically refers to Biomethanation technology, a biological treatment method for waste to energy instead of the Refuse Dervied Fuel (RDF) process which is a incineration technology. Since March 2005 when Mehta was the Commissioner, Municipal Corporation Delhi (MCD) and later as Power Secretary of the Delhi government, he has been promoting this technology despite incontrovertible evidence against the technology and inspite of its explicit exclusion by NAPCC. Unmidful of the environmental and human cost of the same he has sucessfully been bulldozing it as a Clean Development Mechanism (CDM) project of IL&FS Waste Management and Urban Services Limited.

There is a flawed text in the Intergovernmental Panel on Climate Change (IPCC) saying, that IPCC recommends it.
http://www.ipcc.ch/ipccreports/tar/wg3/index.php?idp=120
which reads:"3.7.2.4 Incineration
Incineration is common in the industrialized regions of Europe, Japan and the northeastern USA where space limitations, high land costs, and political opposition to locating landfills in communities limit land disposal. In developing countries, low land and labour costs, the lack of high heat value materials such as paper and plastic in the waste stream, and the high capital cost of incinerators have discouraged waste combustion as an option. Waste-to-energy (WTE) plants create heat and electricity from burning mixed solid waste. Because of high corrosion in the boilers, the steam temperature in WTE plants is less than 400 degrees Celsius. As a result, total system efficiency of WTE plants is only between 12%–24% (Faaij et al., 1998; US EPA, 1998; Swithenbank and Nasserzadeh, 1997). Net GHG emissions from WTE facilities are usually low and comparable to those from biomass energy systems, because electricity and heat are generated largely from photosynthetically produced paper, yard waste, and organic garbage rather than from fossil fuels. Only the combustion of fossil fuel based waste such as plastics and synthetic fabrics contribute to net GHG releases, but recycling of these materials generally produces even lower emissions."

Notably, India is a party to Stockholm Convention on Persistent Organic Pollutants (POPs) which calls for elimination POPs (Dioxins) emitting technologies like incineration. This is despite the fact that Annexure A of the Kyoto Protocol clarly says that waste incineration is a source of green house gases.

Incineration is a source of POPs like dioxins, furans, PCBs, toxic metals and other toxic particles besides greenhouse gases.

Waste incineration systems including Refuse Dervied Fuel (RDF) or waste pelletisation, pyrolysis and gasification systems) produce pollutants that are detrimental to both human health and the environment. They are expensive and do not eliminate or even adequately control toxic emissions from today's chemically complex waste. Even new incinerators release toxic metals, dioxins and acid gases. Far from eliminating the problem of landfills, waste incinerator systems produce toxic ash and other residues. They release incinerator ash into the environment, which subsequently enters the foodchain.

Indian Ministry of New and Renewable Energy (MNRE)'s waste-to-energy programme to maximise energy recovery is technologically incompatible with reducing dioxin emissions that cause irreparable environmental and health damage.

Incinerator technology intervention in the waste stream distorts waste management. Such systems rely on minimum guaranteed waste flows. They indirectly promote waste generation, whilst hindering waste prevention, reuse, composting, recycling and recycling-based community economic development. Such systems cost cities and municipalities more, and provide fewer jobs than do comprehensive recycling and composting schemes. They prohibit the development of local recycling-based industry.

Waste-to-energy projects are being promoted in manifest violation of international environmental norms. Incineration of waste also violates the Stockholm Convention on POPs which calls for improvements in waste management with the aim of stopping the open and uncontrolled burning of waste. It violates the recommendations of the United Nations Environment Programme's (UNEP's) Global Assessment on Mercury which includes measures aimed at reducing or eliminating mercury emissions from waste incineration, because, unlike other heavy metals, mercury has special properties that make it difficult to capture in many control devices. It violates the Dhaka Declaration on Waste Management adopted by the South Asian Association for Regional Cooperation (SAARC) in October 2004. According to this declaration, SAARC countries cannot opt for incineration and other unproven technologies.

It also goes against Indian legislation and norms such as the Municipal Solid Waste (Management and Handling) Rules, 2000, according to which it is illegal to incinerate chlorinated plastics (like PVC) and waste that's been chemically treated with a chlorinated disinfectant.

According to the 'White Paper on Pollution in Delhi with an Action Plan', prepared by the MoEF: "The experiences of the incineration plant at Timarpur, Delhi, and the briquette plant at Bombay support the fact that thermal treatment of municipal solid waste is not feasible in situations where the waste has a low calorific value. A critical analysis of biological treatment as an option was undertaken for processing of municipal solid waste in Delhi and it has been recommended that composting will be a viable option. Considering the large quantities of waste requiring to be processed, a mechanical composting plant will be needed."

Based on the science and the global experience with this technology, policymakers must act in right earnest to exclude practices that includes cumbustion of waste resources, waste pelletisation, waste incineration, pyrolysis and gasification technologies which are non-renewable energy/fuel sources and to stop offering subsidies/loans for burn-technology-based waste-to-energy programmes and policies. The high-cost routes must be avoided. Instead, appropriate methods such as small-scale bio-methanation, composting and proper recycling should be propagated.

Waste incineration poses serious risks to human health and the environment. It also violates international environmental norms. But the government continues to experiment with burn-technologies and waste-to-energy programmes, ignoring cheaper and safer alternatives
My simple contention is that both Stockholm Convention and Kyoto Protocol say categorically that waste incineration is a Dioxins and GHGs emitter respectively. If we can say that consistently enough we would perhaps be able to drive home the point.

Besides Indian and Brazilian cases of incinerator being pushed as a 'IPCC/The Energy Resources Institute (TERI) solution", we may include the goings on in the US, Europe, Africa, Middle East and China.

Notably, how IPCC Chairman and his organisation The Energy Resources Institute (TERI) is promoting waste incineration is merits full probe.

Dr Rajendra Pachauri as chairman since 2002 of the Inter­governmental Panel on Climate Change (IPCC) and is Director-General of The Energy and Resources Institute (TERI) based in New Delhi. Notably,Tata Group, India's largest privately-owned business house set up TERI in 1974. Besides Dow Chemicals, Tata group of companies remain among TERI's corporate sponsors, several directors of Tata serve on TERi's Business Council for Sustainable Development (related to UN Global Compact), and one senior director of Tata Group also serves on TERI's Advisory Board. Dr Pachauri and Ratan Tata, the head of the group, both serve on the Indian Prime Minister's Council on Climate Change, advising on all aspects of national climate policy.

Dr Pachauri's salary as chairman of the IPCC remains confidential. TERI & IPCC should be made to open its accounts, including details of all payments it has received from Dr Pachauri's work for other organisations & companies – particularly those that stand to benefit from policies arising directly or indirectly from the recommendations of the IPCC.

It is noteworthy that TERI did a study for government of India on the CDM potential of Municipal solid wastes, TERI served on the Supreme Court Committee on Waste to Energy, TERI's ‘Green India 2047’ Report released by India' Environment MInister and the IPCC chaired by TERI Director General all recommends incinerators and support incinerators. Incidentally, incinerators companies like Thermax are sponsors of TERI.

As of October 2009, there are 119 worldwide CDM projects, including 16 from India that are based on municipal solid waste and these include Refuse Derived Fuel (RDF), composting and landfill gas recovery methods. Brazil has the highest number of 25 CDM projects of municipal solid waste origin, followed by China and India which have 16 each, Chile and Mexico has 10 each and Argentina has 8 such projects. Remaining projects include that of the non-Annex-1 countries which have one, two or three projects each. Out of the 119 projects, 88 projects are using ACM0001 methodology where electricity is being produced and supplied to a grid.

Out of the 16 Indian projects, only one of the projects has electricity being supplied to the grid. Nine out of the sixteen projects are based on AMS.III.E. methodology that is RDF.

(in a follow-up to The Daily Telepgrah expose, here is Mail Today story)


PACHAURI IN CONFLICT OF INTEREST

Climate change hero was on boards of oil and power PSUs with large carbon footprints, got crores worth of business for TERI from them

RAJENDRA K. Pachauri, chairman of UN’s Nobel Peace Prize- winning Intergovernmental Panel on Climate Change ( IPCC), had advocated emission reductions at the recently concluded Copenhagen Climate Summit.
But back home in India, he seems to be failing to uphold standards of propriety in his professional dealings.

During his tenure, first as director from 1982, and then as director- general of The Energy Research Institute ( TERI) since 2001, Pachauri was a member of the boards of the Oil and Natural Gas Commission ( ONGC), Indian Oil Corporation ( IOC) and National Thermal Power Corporation ( NTPC), three of India’s biggest public sector energy companies, all of whom by the very nature of their business contribute heavily to greenhouse gas emissions. These emissions, according to the IPCC, are adding to the country’s growing carbon footprint and hastening climate change.

TERI, in fact, entered into business dealings with these companies and allegedly benefitted from Pachauri’s association with them. Pachauri’s dealings have also been noticed by the international media. Recently, the Sunday Telegraph of London had accused him of amassing a fortune using his links with carbon trading companies. Pachauri dismisses the report as “a pack of lies”.

The climate change hero was an independent director on ONGC’s board for three years between June 2006 and June 2009, during which he was entitled to first-class air travel when he attended meetings, five-star hotel stays and an allowance of Rs 25,000 for each meeting attended. This was in addition to having a say in the PSU’s decision-making process. It was during this period that TERI had secured business contracts from ONGC.

This practice is against ONGC’s official code of conduct which says: “The directors and management shall act within the authority conferred upon them in the best interests of the company and will use their prudent judgment to avoid all situations, decisions or relationships which give or could give rise to conflict of interest or appear to conflict with their responsibilities within the company.”

Pachauri says he is now not on the board of any public sector undertaking. “What is stated applies only for short periods in the past,” he replied to a questionnaire sent by MAIL TODAY. “TERI is a not-for-profit organisation working for the welfare of society and its revenues cover costs and provide no private benefit to any party.”

Pachauri’s position is untenable, as ONGC and TERI launched a joint business venture in March 2008 called ONGC-TERI Biotech Ltd (OTBL); this was while the TERI director-general was on its board. This entity’s objective was the “large-scale application of microbial product oil zapper for clean-up of oil spills in farmers’ fields and around oil installations and treatment of oily sludge hazardous hydrocarbon waste”.

TERI had a 47 per cent share in OTBL, ONGC held 49 per cent and the rest was picked up by financial institutions. The OTBL official website says ONGC and TERI reserve the rights of patents and the use of technology and patents exclusively. When asked about this, Pachauri said: “ The joint venture ( OTBL) was established largely at the insistence of ONGC. A decision to set up OTBL was taken only on October 31, 2006, at a board meeting that I did not even attend.” Does that mean he wasn’t even aware of the decision to set up OTBL? OTBL was set up in 2008, and ONGC insiders told this correspondent all the work awarded to TERI was done on a nomination basis and not through tenders, as is the accepted practice.

Pachauri for his part claims that “ TERI has not even charged OTBL any royalty for the technology provided to ONGC and other oil companies in India, as is the case with most IITs and CSIR labs. Any funds provided to TERI are purely to cover costs of activities carried out and performed successfully.” Another senior ONGC official confirmed to MAIL TODAY that close to Rs 30 crore was paid directly and indirectly to TERI over a period of time for the execution of projects, which included bio- remediation, pipeline corrosion inhibitors and microbial enhanced oil recovery ( MEOR).

OTBL was also involved in these transactions, he said.

Pachauri denied this as well.

“ The amount of Rs 30 crore has perhaps been mentioned erroneously for OTBL,” he said. “ It is an independent entity with separate accounts, and any funding received from ONGC by OTBL is separate from any transactions involving OTBL and TERI.” Intriguingly, ONGC has two specialty labs — Institute of Reservoir Studies ( IRS) in Ahmedabad and Institute of Biotechnology and Geo- Tectonics Studies ( INBIGS) at Jorhat, Assam — to do what TERI was contracted to do. Both labs were set up to handle high- value, high- end and extremely specialised research.

Pachauri conceded that the decision to set up OTBL was based on the work done jointly by TERI and IRS. Pachauri may not see this as a conflict of interest, but former minister of state for petroleum and natural gas Santosh Gangwar said he had complained against it.

“ I had demanded an inquiry against Pachauri in a letter I wrote to petroleum minister Murli Deora some time back,” he confirmed.

“ This is a case of conflict of interest on Pachauri’s part. TERI is benefitting from ONGC.” The associate director of the environment NGO, Centre for Science and Environment, Chander Bhushan Singh said Pachauri and TERI need to come clean on their conflict of interest dealings with ONGC. Pachauri doesn’t see it this way.

“ The presence of any TERI person on the board of a PSU cannot be seen as a conflict of interest just as the presence of a secretary to the government of India on TERI’s governing council – which is the case – can be seen as serving the public interest.” On if the association of anyone from TERI on PSU boards had served any public interest, he claimed: “ It is [ in] the larger public interest, with no private benefit to any party.” Pachauri said projects were awarded to TERI because it served the objectives of PSUs.

He said: “ TERI’s track record of successfully completing projects and serving the objectives of several PSUs is the reason why these were awarded to my organisation, with several of them going back in time well before I joined the boards of these organisations.” He added that in certain isolated incidents he had recused himself.

But then he contradicted himself later in his reply: “ The boards of the PSUs I have been associated with generally consist of over 20 members, and there is no way I could have influenced any decision within this structure even if I was a part of such a decision.” Pachauri was also on the board of another OTBL client — IOC — from January 1999 to September 2003. TERI signed a memorandum of collaboration with IOC to treat oil sludge, a waste product thrown up by oil refineries.

IOC uses the TERI- developed oil zapper technology to treat the waste. According to IOC, its mini- utility project for charging solar lanterns was launched in technical collaboration with TERI. Pachauri was also on the NTPC board from 2002 to 2005, and then from January 2006 onwards. In 2006, NTPC and TERI signed a MoU to implement rural electrification jointly through distributed generation schemes.

Under this project, TERI and NTPC identify suitable technology, and then fund and implement appropriate electricity delivery mechanisms.

Pachauri had a reply for this too: “ TERI took the initiative of providing that organisation with its biomass gasifier technology to set up power generation in villages that had no access to electricity.

TERI did not charge any royalty for the technology developed over decades of research and development and was in fact reimbursed by NTPC sums that were far below costs incurred by TERI.” But Pachauri’s problems run deeper. The Sunday Telegraph of London, in a recent report, claimed Pachauri had established an “ astounding worldwide portfolio of business interests with bodies which have been investing billions of dollars in organisations dependent on the IPCC’s policy recommendations”. Pachauri’s answer to this charge is: “ I haven’t pocketed a penny from my association with companies and institutes,” he said.

“ All honoraria I get go to TERI and to its ‘ Light A Billion Lives’ campaign for reaching solar power to people without electricity.

My dealings are above board.” The climate change hero is quick with his answers, but doubts over his links linger.

ajmer.singh@mailtoday.in

Note: Amidst rampant violation of UN laws such as Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and Stockholm Convention on Persistent Organic Pollutants (POPs) and in the middle of a probe on the dumping of dead US ship Platinum II (photographs attached), the visit by UN Special Rapporteur Okechukwu Ibeanu to Alang, Mumbai and New Delhi during 11- 21 January 2010 assumes significance.

Among other things the Special Rapporteur would examine and report on compliance of UN's Basel Convention's Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships was adopted in 2002 by decision VI/24 of the sixth meeting of the Conference of the Parties. India is a party to it. The guidelines (attached 94 page guideline is also available as 100 page in Hindi) provide information and recommendations on procedures, processes and practices that must be implemented to achieve Environmentally Sound Management at ship dismantling facilities. Ships are considered hazardous wastes under the Basel Convention. Since its inception in 1982, ship breaking yard at Alang beach has dismantled 5,000 dead ships till January 2010.

The illegal shipment of hazardous waste "from industrialised countries is being shipped to less developed countries under the listed intention of recycling and reclamation," is a serious problem notes INTERPOL. Green Customs Initiative (GCI) comprise the secretariats of the relevant multilateral environmental agreements (Basel, Cartagena, CITES, Montreal, Rotterdam Stockholm), Interpol, the Organisation for the Prohibition of Chemical Weapons, UNEP, the United Nations Office on Drugs and Crime (UNODC) and the World Customs Organization.

According to GCI, national and international crime syndicates earn 20-30 billion US dollars annually from hazardous wastes dumping, smuggling proscribed hazardous materials, and exploiting and trafficking protected natural resources. Illegal international trade in “environmentally-sensitive” commodities such as ozone depleting substances (ODS), toxic chemicals, hazardous wastes, endangered species and living modified organisms exposes the glaring loopholes in national and international laws. Clearly, environmental crime and escaping of decontamination cost by global shipping companies in collaboration with international recycling industry is a significant and increasingly lucrative business.

Gopal Krishna
ToxicsWatch Alliance/Indian Platform on Shipbreaking
Mb: 9818089660, E-mail-krishnagreen@gmail.com
Web: toxicswatch.blogspot.com

Media Advisory
8 January 2010
Toxic waste/E-waste: UN human rights expert to visit India

GENEVA – UN Special Rapporteur Okechukwu Ibeanu will visit India from 11 to 21 January 2010 to examine and report on existing problems linked to the unsound management and disposal of hazardous products and wastes, including electronic waste (e-waste), and their adverse effects on human rights. Mr. Ibeanu will visit the country at the invitation of the Government.

“I intend to focus on the adverse effects that shipbreaking activities may have on the enjoyment of human rights of the countless individuals who work in the shipbreaking yards or live in their close proximity,” said the Special Rapporteur of the UN Human Rights Council on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights.

“Shipbreaking is an important industry for India, since it represents an important source of raw material supply and provides jobs to thousands of persons. Nevertheless, I continue to be concerned at the reportedly poor working practices and environmental conditions prevailing in most shipbreaking yards in South Asia,” the UN expert added.
The latest annual report of the Special Rapporteur to the Human Rights Council, submitted in September 2009, focuses on the adverse impact of the shipbreaking industry on the enjoyment of human rights*.

Mr. Ibeanu will also examine the risks posed by the unsound management and disposal of e-waste to the human rights of individuals and communities that depend on the recycling of materials contained in obsolete electronic products for their subsistence.

“E-waste is one of the most hazardous waste streams worldwide,” stressed the UN expert. “Electronics contain over 50 hazardous chemicals or heavy metals that can cause serious health and environmental risks if not disposed in an environmentally safe manner.”

The Special Rapporteur will hold meetings with Government officials, local authorities, relevant UN agencies, civil society organisations, trade unions and the private sector. Apart from the capital, Delhi, Mr. Ibeanu will visit Alang and Mumbai to assess the dangers that the shipbreaking industry and e-waste landfills pose to local communities and the environment.

Based on the information collected during the visit, the Rapporteur will prepare a report and make recommendations on how to protect the human rights against the threats posed by the unsound management and disposal of toxic and dangerous products and wastes. His report will be presented to the UN Human Rights Council in 2010.

(*) See the report on shipbreaking (A/HRC/12/26): http://www2.ohchr.org/english/bodies/hrcouncil/12session/reports.htm

ENDS

Okechukwu Ibeanu, Professor of Political Science at the University of Nigeria, was appointed Special Rapporteur in 2004 by the Human Rights Council. As Special Rapporteur, he is independent from any government or organization and serves in his individual capacity.

Learn more about the mandate and activities of the Special Rapporteur: http://www2.ohchr.org/english/issues/environment/waste/index.htm

OHCHR Country Page – India: http://www.ohchr.org/EN/Countries/AsiaRegion/Pages/INIndex.aspx

For more information and media requests, please contact Ms. Arundhati Das, Assistant Country Director (Operations), UNDP (Tel: +91-11- 4653-2304; email: Arundhati.Das@undp.org).

Note: Government of India must support inclusion of the pesticide in the annexe of the UN's Stockholm Convention on Persistent Organic Pollutants (POPs). An international scientific review committee has ruled that Endosulfan is highly toxic to humans and the wildlife and voted to prepare a risk management evaluation, the first step towards proscribing the pesticide.

India is the largest producer of the pesticide in the world. It is the only country to oppose the move of its inclusion athough the chemical has been implicated in the death, disease and abnormalities of many people. A ban on the production of this chemical pesticide in the country would be public interest.

Gopal Krishna

“The former Karnataka Minister for Rural Development and Panchayati Raj, Shobha Karandlaje . . . spearheads a campaign for a nationwide ban on endosulfan, an organochlorine pesticide”


Karandlaje fights for ban on endosulfan

GARGI PARSAI

The former Karnataka Minister for Rural Development and Panchayati Raj, Shobha Karandlaje, has launched a fresh struggle in her new role as an activist: she spearheads a campaign for a nationwide ban on endosulfan, an organochlorine pesticide, used as an aerial spray on cashew plantations.

The pesticide linked to unusual diseases and deformities in human beings and animals has been banned in Kerala after the media reported its adverse impact on the people in Kasaragod.

In New Delhi to meet the new Bhartiya Janata Party president, Nitin Gadkari, Ms. Shobha spoke to The Hindu about her campaign among the farmers of Dakshina Kannada. “I was an activist then [as a Minister] and I am an activist now,” she said.

Ms. Karandlaje was forced to resign from the Karnataka Cabinet so that Chief Minister B.S. Yeddyurappa could keep his job. She said the aerial spray of endosulfan on cashew plantations affected the population in the district in such a way that in each house, there were people who were either mentally or physically handicapped. It also hit the drinking water in wells, animals and the soil.

Ms. Karandlaje, who conducted a study in the region, said people in the Puttur and Belthangdi taluks were suffering from cancer, diseases affecting the central nervous system, skin diseases, respiratory disorders, eye problems and impotency, all of which could be linked to the use of the pesticide. “I want to put up the strongest fight in the country for the ban of endosulfan,” she said.

“All people who are fighting against this are receiving threats from the powerful pesticide lobby. I too have received phone calls saying I must keep out of this,” she said.

“Several countries have banned the use of this harmful pesticide, which is why the multinational companies have shifted their operations to India... Last November, there was a pants-down protest in the U.K. because the undergarments made from cotton sprayed with endosulfan caused itching,” she said.

Demanding that the pesticide manufacturers compensate the people suffering in her home district of Dakshina Kannada, Ms. Karandlaje said she had raised the issue in the Assembly after, which the State government released financial assistance for the victims.

Opposing the use of such pesticides that were harmful and banned in most countries, she said multinational companies pushed their products in India, and “we allow them without testing [their products] for ill-effects on humans, land and cattle.” “We must carry out proper studies. India is ahead in these things and we can do it. We should use milder controls in the farm sector, and certainly not as aerial sprays.”

The Hindu
NEW DELHI, January 7, 2010
http://beta.thehindu.com/news/national/article76803.ece

The Special Rapporteur on the adverse effects of the movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, Okechukwu Ibeanu (Nigeria), is reaching India on an official visit to India next week. He is coming at the invitation of the Government of India.

The mandate entrusted to Ibeanu by the Human Rights Council urges him to undertake – in consultation with the relevant United Nations bodies, organisations and the secretariats of relevant international conventions – “a global, multidisciplinary and comprehensive study of existing problems and new trends of, and solutions to, illicit traffic in and dumping of toxic and dangerous products and wastes, in particular in developing countries, (...) with a view to making concrete recommendations and proposals on adequate measures to control, reduce and eradicate these phenomena”.

The purpose of Ibeanu’s mission is to examine, in the spirit of co-operation and dialogue, existing problems relating to the movement and dumping of toxic and dangerous products and wastes and their adverse effects on human rights, with a view to making concrete recommendations and proposals on adequate measures to control, reduce and eradicate these phenomena. In particular, the Special Rapporteur would like to focus on the adverse effects that the shipbreaking industry and the unsound management and disposal of electronic waste (e-waste) may have on the enjoyment of human rights of thousands of people living in the Indian sub-continent.

During the mission, the Special Rapporteur would like to consider the legislative, judicial, administrative and other measures adopted by India to promote and protect human rights and the sound management of toxic and dangerous products and wastes, including, but not limited to
ratification and implementation of international human rights treaties;
ratification and implementation of relevant multilateral environmental treaties, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants;
domestic legislation concerning the import, management and disposal of toxic and dangerous products and wastes;
domestic legislation on corporate accountability and corporate social responsibility, both of Indian companies and of transnational companies operating in the Indian sub-continent;
domestic legislation on access to information, public participation in decision-making and access to justice in environmental matters;
domestic legislation concerning rehabilitation of and assistance to victims of human rights violations, including means of redress for violations associated with the unsafe management and disposal of toxic and dangerous products and wastes.

Special Rapporteur would be meeting relevant Government officials, UN officials and representatives of civil society organisations working in the field of human rights and/or environmental protection, chemical security and waste management. He would visit various places to better understand the situation existing in India with regard to the management and disposal of toxic and dangerous wastes and products. The Special Rapporteur would visit shipbreaking yards, such as those in Alang (Gujarat) and Mumbai, and electronic waste dump sites, e.g. those located in, or in proximity of, New Delhi, Mumbai and Chennai.

Note: The proposed Rs 54,000-crore steel plant of South Korean company POSCO in Orissa got forest clearance for acquiring land but everything depends on the Orissa government because 90% of the 4,004-acre land required for the project belong to the state government and the remaing 10 % belongs to the villagers who are fiercely opposed to the plant.

This fourth largest steel company in the world is attempting to acquire 438 acres of land that belong to local farmers who are refusing to part with it. For five years the villagers of Erasama block of Jagatisinghpur district in Orissa have resisted takeover of their landinvolving setting up of an integrated steel and power plant, a private port and mining of over 600 million tonnes of Orissa's high grade iron ore.

The company needs some 4004 acres, of which 3,566 acres is government land but rest belong to the farmers. The rest of the land required officially belongs to the government, and this has been recorded as “under forest” in official documentation. Government records do not show that the majority of this land has been under cultivation by the people living in these areas for generations.

POSCO is accused of threatening people's livelihoods with its plan to build a 12 Million Tonne Per Annum (MTPA) integrated steel plant, captive port and mines.
POSCO Pratirodh Sangram Samiti undertook a non-violent long march of 150 kms between Paradip and Puri parallel to the east coast during 29 November to 5 December 2009 to protest against the displacement of over 30,000 villagers, their agricultural and fishing zone. All the major anti-mining, anti-displacement movements around Orissa have joined hands against forced displacement of people to protect their homes, livelihoods and the ecology of the area.

POSCO operations commenced after POSCO-India was registered byt attemmpts to acquire land for the proposed plant and port has been defeeated strong local opposition since early 2006 under 'POSCO Pratirodh Sangram Samiti' (PPSS) (Anti-POSCO People’s Movement).

POSCO has applied for prospecting licenses and direct leases for mining. The license would allow the company to mine on 2,500 hectares in iron ore rich Khandadhar in Sundergarh district. These areas are currently covered with dense forest, which is home to a wide variety of wildlife and flora. The Indigenous communities living there are totally dependent on these forests for fuel, fodder, fruits and medicinal plants. The water springs that exist there provide water for drinking as well as irrigation. The mining will affect the Khandadhar waterfall.

As per the Memorandum of Understanding (MoU), the Government of Orissa is to permit draw and use of water (near about 12 thousand to 15 thousand crore liters) from the Mahanadi barrage at Jobra and Naraj in Cuttack for construction and operation of the “Overall Project”. It will adversely impact the drinking and agricultural water supply of Cuttack and neighboring four districts. It poses threat to Gahirmala Marine Sanctuary, where nearly 400,000 Olive Ridleys turtles come to nest every year.
The proposed POSCO port poses a fresh threat to the livelihoods of several fishing communities as the Jatadhari estuary serves as a spawning and breeding ground for several species of fish. The Environmental Impact Assessment (EIA) report of POSCO Captive port at Jatadhar Mohan Creek Paradeep Port has completely missed out on addressing the issues of cumulative impact on people and habitat residing in the close vicinity as well as the land where the project is proposed.

Government repression ofthe local community has commenced with several false cases against the actvists and villagers. In October 2008, Abhaya Sahoo was arrested and 32 “false cases” were charged against him. Sahoo is the leader of anti POSCO movement.

Posco gets forest clearance, but unsure about kick-starting work

BHUBANESWAR: POSCO India, which got clearance from the Union environment ministry to acquire forest lands for its proposed Rs 54,000-crore steel plant in Orissa, is non-committal about an early start of the project as it is yet to hear from the state on transferring the required land.

“It is alright that we have received the forest clearance. But everything depends on the state government for starting the work at the proposed plant site”, a senior executive, who wished to unidentified said here on Friday.

Construction of the project was originally scheduled to start in April 2008.

Stating that 90% or nearly 3,600 acres of the 4,004-acre land required for the project belong to the state government, while the rest remain under private control, he said the authorities are yet to hand over any land to them.

The state has so far transferred only 516.74 acre to the company through a lease deed. “We are yet to acquire an inch of land at the proposed plant site near Paradip,” he said, adding they cannot make any progress unless it is provided with the requisite land.

However, Posco India general manager-external relations Simanta Mohanty had said on Thursday that the company got the clearance from the Union environment ministry on December 30 to acquire forest lands and is keen to start work soon.

“We are ready to commence work on the much-awaited project any day now,” Mr Mohanty had said, adding the foundation stone could be laid any day. Though the company is all set for the work to begin as soon as possible, it may not get the required land at the site, the executives pointed out adding there is nothing significant to bring cheer after getting the final clearance from the Union Ministry.

While Orissa chief minister Naveen Patnaik has been saying that his government is for peaceful industrialisation, the people opposing the project are in no mood to allow the project.

The activists of the CPI-backed Posco Pratirodh Sangram Samiti has already announced their preparedness to sacrifice their lives for protecting the “fertile” land demarcated for housing the 12-mtpa greenfield steel plant.

As the opponents are adamant on their stand in opposing the mega project, it is very difficult for the state government to acquire the land and hand them over to the company, they said.

Though top Posco officials, after their meeting with the Patnaik a few months ago, had expressed optimism about beginning the work at the site in January, little progress has since been made in land acquisition, sources pointed out.

Sensing the ground realities, the company officials are now making efforts to win the confidence of the local people and highlight the manner in which the proposed project will benefit them, they said.

2 Jan 2010, ET Bureau & Agencies

The Economic Times