Fly Ash Management in India: A Critique of Existing and Proposed Frameworks

On 22nd April 2021, the Ministry of Environment, Forests and Climate Change (MoEFCC) published a Draft Fly Ash (Utilisation) Notification, which was open for public comments for 60 days and sought to replace the earlier notifications with respect to fly ash management since 1999. While the draft notification introduces a new system of penalties and acknowledges the problem of legacy fly ash bringing it under its purview, it still fails to address some of the inherent problems which exist with the earlier notifications. As a response to this draft, we made a submission to the Ministry, emphasising the need to reassess the approach, design, and content of the fly ash related regulations. This report illustrates the five issues highlighted in the submission in greater detail and with supporting evidence using primary and secondary data from a decade-long field research project carried out on understanding regulatory gaps leading to fly ash mismanagement on the ground.