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The Fly Ash Rules are being amended to make it compulsory for all agencies engaged in the construction of buildings within a radius of 100 km from coal or lignite-based thermal power plants to use fly ash bricks or blocks or tiles.

NEW DELHI, Jan. 3

THE use of fly ash in construction, laying/paving of roads, reclamation of low-lying areas and the like is proposed to be made mandatory under the amended Fly Ash Rules to be notified soon by the Ministry of Environment and Forests, according to an official press release here.

The statutory period of 60 days for raising objections and making suggestions in this regard expires this week. The Draft Fly Ash Amendment Rules were notified last month.

The Fly Ash Rules notified in September 1999, the release says, are being amended to make it compulsory for all agencies engaged in the construction of buildings within a radius of 100 km 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 and cottages. The State Governments will be the enforcing authority for the new rules while it was the State Pollution Control Boards (SPCBs) in the original rules.

While the 1999 rules only required the manufacturers of clay bricks or tiles or blocks within a radius of 50 km 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 km in the new rules. The defaulting manufacturers will be penalised with 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 km of thermal power plants.

Reclamation of low-lying areas within a radius of 100 km will have to be done only with pond ash. The use of fly ash will also be permitted in the reclamation of seas.

Learning from the experience of implementation of the original rules, the new rules require all agencies including the Central Public Works Department (CPWD) and the State Government agencies to provide for the use of 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, the National Highway Authority of India (NHAI), CPWD, 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.

About 90 million tonnes of fly ash is being produced each year only from the thermal power plants in the country while just 18 million tonnes is being utilised, mostly for embankment of roads, back filling of mines, raising 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-storeyed buildings while NHAI 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 February 26 this year.

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