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Can polluting industry be made non-polluting by shifting it from "Red Category" to "Blue Category" by terming waste burning an "essential environmental service"?
Written By mediavigil on Wednesday, October 14, 2026 | 10:55 PM
The judgment records that "Mothers living close to incinerators and crematoria from 1956 to 1993" showed "increased risk of lethal congenital abnormalities, in particular, spinal bifida and heart defects, near incinerators: increased risk of stillbirths and anacephalus near crematoria". With regard to "Residents from 7 to 64 years old living within 5 km of an incinerator and the incinerator workers" the judgment observes, "Levels of mercury in hair increased with closer proximity to the incinerator during a 10 year period". The judgment recorded that "Residents living within 10 km of an incinerator, refinery, and waste disposal site" showed "Significant increase in laryngeal cancer in men living with closer proximity to the incinerator and other pollution sources". The *"Residents living around an incinerator and other pollution sources" showed "Significant increase in lung cancer related specifically to the incinerator". *The *"People living within 7.5 km of 72 incinerators" displayed "Risks of all cancers and specifically of stomach, colorectal, liver and lung cancer increased with closer proximity to incinerators".
The promise of waste-to-energy projects made in the new Rules are anti-environment, and anti-people. The callousness of AAP, BJP and Congress towards the sad plight of residents of Okhla, Narela-Bawana and Ghazipur, environment and the livelihood of waste pickers due to hazardous waste to energy incinerators is unacceptable. No lessons have been learnt from the bitter opposition to waste to energy incinerator plants in Delhi, Telnagana and Bihar due to their adverse public health consequences. The plant in question has violated every rule in the rule book. It is a matter of fact that such plants have consistently failed in India.
The consent of the people is a ‘must’ before granting environmental clearances under the environmental laws. But now such projects seem to be enjoying a law holiday. The cumulative impact assessment was never taken. The people of National Capital Region never gave their consent for this hazardous project in their proximity. There is documentary evidence that the public hearing that was conducted was fake, it was conducted at Saket.
The environmental clearance given to such projects are aimed at grabbing subsidies being offered by Ministry of New & Renewable Energy (MNRE) and to earn carbon credits from these polluting waste based power plants. The cumulative impact assessment of the pre-existing waste incinerator and the new municipal waste incinerator has never been done. The emissions from both these units are already becoming part of body burden of residents of national capital region and across the country. The minutes of the Environment Pollution (Prevention & Control) Authority for the NCR (EPCA) has revealed that Municipal Corporation of Delhi (MCD) was asked about the actions taken to improve Municipal Solid Waste (MSW) management in Delhi. “To this MCD replied that individual waste to energy projects have been already given to Jindal, Ramky and GMR, which will result in minimal inert residue for land filling along with the generation of electricity,” the minute reads. This is factually deceptive and scientifically incorrect.
As per the Manual on Municipal Solid Waste Management, Union Ministry of Urban Development, physical composition of Indian waste shows that inert material constitutes from 43.59 % to 53.90 % and compostable matter constitutes 44.57 % to 30.84 %. Thus, the total inert residue from waste to energy incinerator projects will be significantly higher after the incineration of waste which will produce toxic ash as well that requires disposal in engineered landfills.
This grave situation has emerged due to evidently flawed waste to energy policy of central government, state government and the MCD which are providing incentives to hazardous incinerator and co-incineration incineration technologies like Refuse Derived Fuel (RDF).
Notably, the new rules provide for the levy of environmental compensation based on the ‘Polluter Pays’ principle for non-compliance, including cases of operating without registration, false reporting, submission of forged documents or improper solid waste management practices. The Central Pollution Control Board (CPCB) have prepared the relevant guidelines, while State Pollution Control Boards and Pollution Control Committee levy the environmental compensation. The new rules create specific waste management obligations like:
Four-Stream Segregation (Rule 5): Significantly, four-stream segregation of solid waste at source has been made mandatory under the SWM Rules, 2026. Waste is required to be segregated into wet waste, dry waste, sanitary waste and special care waste.
Extended Bulk Waste Generator Responsibility (Rule 6): Entities with floor area exceeding 20,000 square meters, water consumption above 40,000 litres per day, or waste generation over 100 kg per day are required to process wet waste on-site or obtain Extended Bulk Waste Generator Responsibility (EBWGR) certificates.
Landfill Restrictions (Rule 14): Only non-recyclable, non-energy recoverable, non-reusable, non-biodegradable waste may be landfilled. Higher tipping fees apply to unsegregated waste.
Notably, Rule 8 of the new SWM Rules introduces an economic incentive mechanism encourages local bodies to generate carbon credits through waste management activities but this is contrary to the core regulatory principle for carbon credits. The waste handling and disposal is an eligible sector for the voluntary Offset Mechanism Carbon Credit Trading Scheme (CCTS), established under the Energy Conservation Act, 2022. The Bureau of Energy Efficiency has established the institutional framework and elligibility criteria for the same. The CCTS framework local bodies, municipal corporations, and private waste management firms are permitted to earn CCCs where each certificate represents one ton of CO2 equivalent (tCO2e) reduced, removed, or avoided.
The flaw with regard to additional action-apart from business usual action-which was there in the original waste to energy policy of the government of India remains intact. Given the fact that biomass burning for energy generation can neither be deemed either environmental action nor an additional environmentally sound action, carbon credits cannot be rewarded for additional environmental action. Such projects cannot be deemed to have complied with legal obligations either under the international climate law or national CCTS scheme. There is manifest conflict between carbon credit eligibility criteria Energy Conservation Act, 2022 and UN Framework Convention on Climate Change (UNFCCC), the parent international climate law on the one hand and the new SWM Rules 2026 which mandates segregation, composting, bio-methanation, RDF production, and landfill diversion, on the other hand. These activities constitute legal compliance only under one national law, the new SWM Rules but not under Energy Conservation Act, 2022 and the laws like Paris Agreement under the UNFCCC, which require additional environmental action. The requirement of “additionality” for carbon trade was envisaged under the Clean Development Mechanism (CDM) of the Kyoto Protocol under UNFCCC to pave the way for earning carbon credit. It is intriguing that local bodies too have been encouraged to generate carbon credits as part of carbon trade, which is a fake environmental/climate solution.
Incineration by another name, use of Refuse Derived Fuel (RDF) by industries
The new rules define Refuse Derived Fuel (RDF) as fuel produced by shredding and dehydrating municipal solid waste with high calorific value, primarily consisting of non-recyclable plastic, paper and textiles. Industrial units, including cement plants and waste-to-energy plants that currently use solid fuel, have been mandated to replace it with RDF. This provision ignores the fact that waste incineration or co-incineration is a process which emits green house gases and persistent organic pollutants. It ignores the lessons from the failure of RDF based waste-to-energy plant in Timarpur, which designed to incinerate 300 TPD of waste and produce 3.75 MW of electricity.
Refuse Derived Fuel (RDF) Mandates (Rule 11): Industrial units within specified distances from RDF plants are required to replace solid fuel with RDF. The substitution rate increases from 6% (upon rule implementation) to 10% (after three years) to 15% (after six years).
The new rules mandate mapping and assessment of all legacy waste dumpsites and provide for time-bound biomining and bioremediation, with quarterly progress reporting through the online portal. This is a positive provision.
Dr Krishna concluded: "The opposition political parties must promise to work for abandonment of the harmful policy which promotes waste incineration based power plants to save irreparable damage to sustainable and sane municipal solid waste management practice. The Ministry of Power can vouch for the fact that the energy from municipal is inconsequential compared to the colossal public health concerns. Like the old MSW Rules, new rules ignore the emerging public health threats from the waste to energy incinerator in the vicinity of residential premises."
The lecture program brought together workers, organisers, researchers and activists to examine how privatisation, waste management policies and waste-to-energy projects affect workers’ rights and livelihoods. It brought out the connection between labour rights, climate justice and laid a roadmap for developing recommendations for waste management that prioritises workers’ dignity, safety and participation. The participants recalled how waste workers keep cities clean and functional although they face insecure livelihoods, hazardous working conditions and exclusion shaped by caste, class and gender. The lecture was organised by Lokadhikar, Asangatith Mazdoor Sangarsh Morcha and SRUTI on September 22, 2026 at Indian Social Institute, Lodhi Road, New Delhi
Also read:Why Urban Waste Continues to Follow the Path of Least Resistance
