2018 (11) TMI 1352 - SC - Indian Laws

Import of Anode grade raw pet coke - Held that - Calcined Pet Coke (CPC) (domestic as well as imported) can be used as raw-material for anode making in the Aluminium industry with the revised BIS specifications - the imported raw-material cannot exceed 0.5 MT per annum in total - application disposed off.

Summary

Issues:
1. Use of Calcined Pet Coke (CPC) in Aluminium Industry
2. Use of anode grade pet coke in CPC manufacturing units
3. Use of Pet coke in Blast Furnace in the Steel Industry

Issue 1: Use of Calcined Pet Coke (CPC) in Aluminium Industry
The issue arises from an application by the Aluminium Association of India regarding the use of Calcined Pet Coke (CPC) in the Aluminium industry. The Central Pollution Control Board (CPCB) submitted a report stating that CPC with higher Sulphur content can be used for anode making in the Aluminium industry as per revised BIS specifications. The Ministry of Environment, Forest and Climate Change concurred with the CPCB's views. It was clarified that both domestic and imported CPC can be used with the revised specifications, with an annual limit of 0.5 MT for imported raw material.

Issue 2: Use of anode grade pet coke in CPC manufacturing units
Several entities filed applications regarding the use of anode grade pet coke in CPC manufacturing units. The CPCB's report highlighted the requirement of calcination of Raw Petroleum Coke to produce anode grade calcined pet coke with Sulphur content less than 3.5%. The Ministry of Environment, Forest and Climate Change agreed with the CPCB's views, allowing the use of raw pet coke as a feedstock for producing calcined pet coke. An annual limit of 1.4 MT for imported raw pet coke was set for this purpose.

Issue 3: Use of Pet coke in Blast Furnace in the Steel Industry
The Indian Steel Association filed applications concerning the use of Pet coke in Blast Furnace in the Steel Industry. The CPCB submitted a report, which is under examination by the Ministry of Environment, Forest and Climate Change. The applications by the Indian Steel Association were scheduled for listing on 14th November, 2018. Additionally, an EPCA report highlighted pollution caused by domestic pet coke used by Graphite India in Bengaluru, leading to health concerns in the community. Notice was issued to Graphite India to explain why the use of needle pet coke should not be stopped immediately due to pollution concerns.

In conclusion, the Supreme Court addressed various issues related to the use of different types of coke in different industries, setting limits on the quantities that can be used and emphasizing compliance with revised specifications to mitigate environmental impact.