(Published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub'section (ii) MINISTRY OF ENVTRONMENT AND FORESTS New Delhi 14th September, 2006 S.O. 1533 Whereas, a draft nolification under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 19E6 for imposing certain restrictions aud prohibitions on new projects or activities, or on the expansion or modemization of existing projects or activities based on their potential environmenlal impacts as indicated in the Schedule to the notification, being undertiken in any part of Indial, unless prior environmental clearancg has been accorded in accordance with the objectives of National Environment Policy as approved by the Union Cabinet on 18s May, 2006 and the procedure specified in the notification, by the Central Govemment or the State or Union territory kvel Environment Impact Assessment Authority (SEIAA), to be constituted by the Central Govemment in consultation with the State Govemment or the Union territory Administration concerned under sub-section
(3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification, was published in the Gazette of India ,Extraordinary, Part ll, section 3, sub-section (ii) vide nurnber S.O. 1324 (E) dated the l5s September ,2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;
And whereas, copies of the said notitication were made available to the public on l5s September,2005;
llncludes the teffitorial waters And whereas, all objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Cenh"l Government;
Now, therefore, in exercise of the powers conferred by sub-section (l) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Acr, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environrnenr (Protection) Rules, 1986 and in supersession of the notificarion number S.O. 60 (E) dated the 27th January, 1994, except in respecr of things done or omitted to be done before such supersession, the central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modemization of existing projects or activities liited in the Schedule to this notification entailing capacity addition rvith change in process and or technology shall be undertaken in any part of India only after thJ prioi environmental clearance from the central Government or as the case may be, by the Stati lrver Environment Impact Assessment Authority, duly constituted by the cintral dovemment under sub-section
(3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification.
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2. Requirements of prior Environmental Clearance (EC):- The following projects or activities shall require prior environmental clearance from the concemed regulatory authority, which shall hereinafter referred to be as the Central Govemment in the Ministry of Environment and Forests for matters falling under Category 'A' in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under =9g!eW-g;n the said Schedule, before any construction work, or preparation of land by the projccffienagement except for securing the land, is started on the project or activity:
(i) All new projects or activities listed in the Schedule to this notification;
(i0 Expansion and modernization of existing projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modemization;
(iii) Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range.
3, State Level Environment Impact Assessment Authority:- (1) A State Irvel Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising of th.ree Members including a Chairman and a Member - Secretary to be nominated by the State Government or the Union territory Administration concerned.
(2) The Member-Secretary shall be a serving officer of the concemed State Govemment or Union territory administration familiar with environmental laws.
(3) The other two Members shall be either a professional or expert fulfilling the eligibility criteria given in Appendix VI to this notification.
(4) One of the specified Members in sub-paragraph (3) above who is an expert in the Environmental Impact Assessment process shall be the Chairman of the SEIAA.
(5) The State Govemment or Union tenitory Administration shall forward the names of the Members and the Chairman referred in sub- paragraph 3 to 4 above (o the Central Government and the Central Government shall constitute the SEIAA as an authority for the purposes of this notiircation within thirty days of the date of receipt of the names.
(6) The non-official Member and the Chainnan shall have a fixed term of three years (from the date of the publication of the notification by the Centrai Governnent constituting the authority).
('1) All decisions ofthe SEIAA shall be unanimous and taken in a meeting
4. Categorization of projects and activities:-
(i) All projects and activities are broadly categorized in to two categories - Category A and Category B, based on the spatial extent of potential impacts and potcntial impacts on human health and natural and man made resources.
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I (iD All projects or activities included as Category 'A' in the Schedule, including expansion and modemization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Govemment in the Ministry of Environinent and Forests (MoEF) on the recommendations of an Expert Appraisal Committee @AC) to be constiluted by the Central Government for the purposes of this notification;
(iii) AII projects or activities included as Category 'B' in the Schedgle, including expansion 'and modemization of existing projects or activities as specified in sub paragraph (ii) of paiagraph 2, or change in product mix as specified in sub paragraph (iii) of paragraph 2, but excluding those which fulfill the General Conditions (GC) stipulated in the Schedule, will require prior environmental clearance from the Staterunion territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on rhe recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification. In the absence of a duly constituted SEIAA or SEAC, a Category 'B' project shall be treated as a Category 'A' project;
5. Screening, Scoping and Appraisal Committees:- The same Expert Appraisal Committees (EACS) at the Central Govemment and SEACs (hereinafter referred to as the (EAC) and (SEAC) at the State or the Union tcrritory level shall screen, scope and appraise projects or activities in Category 'A' and Category 'B' respectively.
EAC and SEAC's shall meet at least once every month.
(a) The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or the Union territory level shall be constituted by the Central Govemment in consultation with the concemed State Govemment or the Union territory Administration with identical composition;
(b) The Central Government may, with the prior concurence of the concemed State Govemments or the Union tenitory Administrations, constitutes one SEAC for more than one State or Union territory for reasons of administrative convenience and cost;
(c) The EAC and SEAC shall be reconstituted after every three years;
(d) The authorised members of the EAC and SEAC, concemed, may inspect any site(s) connected with the project or activity in respect of which the prior environmental clearance is sought, for the purposes of screening or scoping or appraisal, with prior notice of at least seven days to the applicant, who shall provide necessary facilities for the inspection;
(e) The EAC and SEACs shall function on the principle of collective responsibility. The Chairperson shall endeavour to reach a consensus in each case, and if consensus cannot be reached, the view of the majority shall prevail.
6. Application for Prior Environmental Clearance (EC):- An application seeking prior environmental clearance in all cases shall be made in the prescribed Form I annexed herewith and Supplementary Form lA, if applicable, as given in Appendix II, after the identification of prospective site(s) for the project and/or activities to which the application relates, before commencing any consruction activity, or preparation of land, at the site by the applicant. The applicant shall fumish, along with the application, a copy of the pre-feasibility project report except that, in case of construction projects or activities (item 8 of the Schedule) in addition to Form I and the Supplementary Form lA, a copy of the conceptual plan shall be provided, instead ofthe prc-feasibility report,
7. Stages in the Prior Environmental Clearance (EC) Process for New Projects:- 7(i) The environmental clearance process for new projects will comprise of a maximum of four stages, all of which may not apply to particular cases as set forth below in this notification. These four stages in sequential order are:- . Stage (l) Screening (Only for Category 'B' projects and activities) . Stage (2) Scoping . Stage (3) Public Consultation e Stage (4) Appraisal I. Stage (1) - Screening:
In case of Category 'B' projects or activities, this stage will entail the scrutiny of an application seeking prior environmental clearance made in Form I by the aoncemed State level Expert Appraisal Committee (SEAC) for determining whether or nor the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA) for its appraisal prior to the grant of environmental clearance depending up on the nature and location specificity of the project . The projects requiring an Environmental Impact Assessment report shall be termed Category 'Bl' and remaining projects shall be termed Category 'B2' and will not require an Environment Impact Assessment report. For categorization of projects into Bl or 82 except item 8 O), the Ministry of Envkonment and Forests shall issue appropriate guidelines from time to time.
II. Stage (2) - Scoping:
(i) "Scoping": refers to the process by which the Expert Appraisal Committee in the case of Category 'A' projects or activities, and State level Expert Appraisal Committee in the case of Category 'Bl' projects or activities, including applications for expansion and/or modernization and/or change in product mix of existing projects or activities, determine detailed and comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (ELA) Report in respect of the project or activity for which prior environmental clearance is sought. The Expert Appraisal Committee or State level Expert Appraisal Committee concerned shall determine the Terms of Reference on the basis of the information fumished in the prescribed application Form l/Form lA including Terns of Reference proposed by the applicant, a site visit by a sub- group of Expert Appraisal Committee or State level Expert Appraisal Committee concerned only if considered necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concemed, Terms of Reference suggested by the applicant if fumished and other information that may be available with the Expe( Appraisal Committee or State Level Expert Appraisal Committee concemed. All projects and activities listed as Category 'B' in Item 8 of the Schedule (Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be appraised on the basis of Form l/ Form lA and the conceptual plan.
(i, The Terms of Reference CIOR) shall be conveyed to the applicant by the Exprt Appraisal Committee or State Irvel Expert Appraisal Committee as concemed within sixty days of the receipt of Form l. In the case of Category A Hydroelectric projects Item 1(c) (i) of the Schedule the Terms of Reference shall be conveyed along with the clearance for pre-construction activities .If the Terms of Reference are not finalized and conveyed to the applicant within sixty' days of the receipt of Form l, the Terms of Reference suggested by the applicant shall be deemed as the f,inal Terms of Reference approved for the EIA studies. The approved Terms of Reference shall be displayed on the website of the Ministry of Environment and Forests and the concerned State Lrvel Environment Impact Assessment Authority.
(iii) Applications for prior environmental clearance may be rejected by the regulatory authority concemed on the recommendation of the EAC or SEAC concemed at this stage itself.
In case of such rejection, the decision together with reasons for the same shall be communicated !o the applicant in writing within sixty days of the receipt of the applicarion.
III. Stage (3) - Public Consultation:
(a) modemization of irrigation projects (item l(c) (ii) of the Schedule).
(b) all projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concemed authorities, and which are not disallowed in such approvals.
(c) expansion of Roads and Highways (item 7 (0 of the Schedule) which do not involve any fudher acquisition of land.
(d) all Building /Construction projects/Area Development projects and Townships (item 8).
(e) all Category 'B2' projects and activities
(ii) The Public Consultation shall ordinarily have two components comprising of:-
(a) a public hearing at the site or in its close proximity- district wise, to be carried out in the manner prescribed in Appendix IV, for ascertaining concems of local affected persons;
(b) obtain responses in writing from other concemed persons having a plausible stake in the environmental aspects of the project or activity.
(iii) the public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board (SPCB) or the Union territory Pollution Contol Committee (UTPCC) concemed in the specified manner and forward the proceedings to the regulatory authority concemed within 45(forty five ) of a request to the effect from the applicant.
(iv) in case the State Pollution Control Board or the Union territory Pollution Control Committee concemed does not undertake and complete the public hearing within the specified period, and/or does not convey the proceedings of the public hearing within the prescribed period
(i) "Public Consultation" refers to the process by which the concerns of local affected persons and others who have plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. All Category 'A' and Category Bl projects or activities shall undertake Public Consultation, except the following:- (0 all projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Govemment.
directly to the regulatory authority concemed as above, the regulatory authority shall engage another public agency or authority which is not subordinate to the regulatory authority, to complete the process within a further period of forty five days,.
(v) If the public algncy or authority nominated under the sub paragraph (iii) above reports to the regulatory authority concemed that owing to the local situation, it is not possible to conduct the public hearing in a manner which will enable the views of the concemed'local persons to be frcely expressed, it shall report the facts in detail to the concerned regulatory authority, which may, after due consideration of the report and other rcliable information that it may have, decide that the public consultation in the case need not include the public hearing.
(vi) For obtaining responses in writing from otler concerned persons having a plausible stake in the environmental aspects of the project or activity, the concemed regulatory authority and the State Pollution Control Board (SPCB) or the Union territory Pollution Control Committee (UTPCC) shall invite responses from such concerned persons by placing on their website the Summary EIA report prepared in the format given in Appendix IIIA by the applicant along with a copy of the application in the prescribed form , within seven days of the receipt of a written request for arranging the public hearing . Confidential information including non-disclosable or legally privileged information involving Intellectual Property Right, source specified in the application shall not be placed on the web site The regulatory authority concerned may also use other appropriate media for ensuring wide publicity about the project or activity. The regulatory authority shall, however, make available on a written request from any concemed person the Draft EIA report for inspection at a notified place during normal office hours till the date of the public hearing. All the responses received as part of this public consultation process shall be forwarded to the applicant thrcugh the quickest available means.
(vii) After completion of the public consultation, the applicant shall address all the material environmental ccincerns expressed during this process, and make appropriate changes in the draft EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the concemed regulatory authority for appraisal. The applicant may alternatively submit a supplementary rcport to draft EIA and EMP addressing all the concems expressed during the public consultation.
IY. Stage (4) - Appraisal:
(D Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concemed for grant of environmental clearance. This appraisal shall be made by Expert Appraisal Committee or State l.evel Expert Appraisal Committee concemed in a transparent manner in a proceeding to which the applicant shall be invited for fumishing necessary clarifications in person or through an authorized representative.
On conclusion of this proceeding, the Expert Appraisal Committee or State IJYeI Expert Appraisal Committee concemed shall make categorical recommendations to the regulatory authority concerned either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the application for prior environmental clearance, together with reasons for the same.
(ii) The appraisal of all projects or activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report, shall be carried out on the basis of the prescribed application Form I and Form lA as applicable, any other rclevant 6 validated information available and the site visit wherever the same is considered as necessary by the Expert Appraisal Committee or State lrvel Expert Appraisal Committee concemed.
(iii) The appraisal of an application be shall be completed by the Expert Appraisal Committee or State lrvel Expert Appraisal Committee concemed within sixty days of the receipt of the final Environment knpact Assessment report and other documents or the receipt of Form I and Form I A, where public consultation is not necessary and the recommendations of the Expert Appraisal Committee or State kvel Expert Appraisal Committee shall be placed before the competent authority for a final decision within the next fifteen days .The prescribed procedure for appraisal is given in Appendix V ;
7(ii). Prior Environmental Clearance (EC) process for Expansion or Moderniation or Change of product mix in existing projects:
All applications seeking prior environmental clearance for expansion with increase in the production capacity beyond the capacity for which prior environmental clearance has been granted under this notification or with increase in either lease area or production capacity in the case of mining pmjects or for the modemization of an existing unit with increase in the total production capacity beyond the threshold limit prescribed in the Schedule to this notification through change in process and or technology or involving a change in the product -mix shall be made in Form I and they shall be considered by the concemed Expert Appraisal Committee or State lrvel Expert Appraisal Committee within sixty days, who will decide on the due diligence necessary including preparation of EIA and public consultations and the application shall be appraised accordingly for grant of environmental clearance.
E.Grant or Rejection of Prior Environmental Clearance @C):
(i) The regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant within forty five days of the receipt of the recommendations of the Expert Appraisal Committee or State kvel Expert Appraisal Committee concerned or in other words within one hundred and five days of the receipt of the final Environment Impact Assessment Report, and where Environment Impact Assessment is not required, within one hundred and five days of the receipt of the complete application with requisite documents, except as provided below.
(iD The regulatory authority shall normally accept the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concemed. In cases where it disagrees with the recommendations of the Expert Appraisal Committee or State Irvel Expert Appraisal Committee concerned, the regulatory authority shall request reconsideration by the Expert Appraisal Committee or State l:vel Expert Appraisal Committee concemed within forty five days of the receipt of the recontnendations of the Expert Appraisal Committee or State kvel Expert Appraisal Committee concerned while stating the reasons for the disagreement. An intimation of this decision shall be simultaneously conveyed to the applicant. The Expert Appraisal Committee or State Ipvel Expert Appraisal Committee concerned, in turn, shall consider the observations of the regulatory authority and fumish its views on the same within a further period of sixty days. The decision of the regulatory authority after considering the views of the Expert Appraisal Committee or State kvel Expert Appraisal Committee concerned shall be final and conveyed to the applicant by the regulatory authority concemed within the next thirty days.
(iii) In the event that the decision of the regulatory authority is not communicated to the applicant within the period specified in sub-paragraphs (i) or (ii) above, as applicable, the 7 applicant may proceed as if the environment clearance sought for has been granted or denied by the regulatory authority in terms of the final recommendations of the Expert Appraisal Committee or State l-evel Expert Appraisal Committee concemed.
(iv) On expiry of the period specified for decision by the regulatory authority under paragraph
(i) and (ii) above, as applicable, the decision of the regulatory authority, and the final reiommendations of the Expert Appraisal Committee or State Irvel Expert Appraisal Committee concemed shall be public documents.
(v) Clearances from other regulatory bodies or authorities shall not be required prior to receipt of applications for prior environmental clearance of projects or activities, or screening, or scoping, or appraisal, or decision by the regulatory authority concerned, unless any of these is sequentially dependent on such clearance either due to a requirement of law, or for necessary technical reasons.
(vi) Deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis. Rejection of an application or cancellation of a prior environmental clearance already granted, on such ground, shall be decided by the rcgulatory authority, after giving a personal hearing to the applicant, and following the principles of natural justice.
The "Validity of Environmental Clearance" is meant the period from which a prior environmental clearance is granted by the regulatory authority, or may be presumed by the applicant to have been granted under sub paragraph (iv) of paragraph 7 above, to the start of production operations by the project or activity, or completion of all construction operations in case of construction projects (item 8 of the Schedule), to which the application for prior environmental clearance refers. The prior environmental clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects (item I (c) of the Schedule), project life as estimated by Expert Appraisal Committee or State l-evel Expert Appraisal Committee subject to a maximum of thirty years for mining projects and five years in the case of all other projects and activities. However, in the case of Area Development projects and Townships [item 8@)], the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer. This period of validity may be extended by rhe regulatory authority concemed by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form l, and Supplementary Form lA, for Construction projects or acrivities (item 8 of the Schedule). In this regard the regulatory authority may also consult the Expert Appraisal Committee or State kvel Expert Appraisal Committee as the case may be.
10, Post Environmental Clearance Monitoring:
(i) It shall be mandatory for the project management to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions in hard and soft copies to the regulatory authority concerned, on l"t June and l"t December of each calendar year.
(iD All such compliance reports submitted by the project management shall be public documents. Copies of the same shall be given to any person on application to the concemed , rcgulatory authority. The latest such complialce rcport shall also be displayed on the web site of the concemed regulatory authority.
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9. Validity of Environmental Clearance (EC):
11. Transferability of Environmental Clearance (EC):
A prior environmental clearance granted for a specific project or activity to an applicant may be [ansferred during its validity to another legal person ontitled lo undertake the project or activity on application by the transferor, or by the transferee with a written "no objection" by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions under which the prior environmental clearance was initially granted, and for the same validity period.
No reference to the Expert Appraisal Committee or State bvel Expert Appraisal Committee concemed is necessary in such cases.
12. Operation of EIA Notilication, 1994, till disposal of pending cases:
From the date of ftnal publication of this notification the Environment Impact Assessment (EIA) notification number 5.0.6,0 (E) dated 27b larruary,1994 is hereby superseded, except in suppression of the things done or omitted to be done before such suppression to the extent that in case of all or some types of applications made for prior environmental clearance and pending on the date of final publication of this notification, the Central Govemment may relax any one or all provisions of this notification except the list of the projects or activities requiring prior environmental clearance in Schedule I, or continue operation of some or all provisions of the said notification, for a period not exceeding one year from the date of issue of this notification.
lNo. J-l1013/s6l2(M-IA-tr (I)I (R.CHANDRAMOHAN) JOINT SECRETARY TO THE GOVERNMENT OF INDIA I
SCHEDULE (See paragraph 2 and 7) LIST OF PROJECTS OH ACTIVITIES REOUIRING PRIOR ENVIRONMENTAL CLEAHANCE 10 A Project or Activity Category with threshold limit Conditions if any A B I Mining, extraction of natural resources and power generation (for a specified production capacity)
(1) (2\ (3) (4) (5) l(a) Mining of minerals > 50 ha. of mining lease area Asbestos mining irrespective of mining area <50 ha 2 5 ha .of mining lease area.
General Condition shall apply Note Mineral prospecting (not involving drilling) are exempted provided the concession areas have got previous clearance for physical survey 1(b) Offshore and onshore oil and gas exploration, development & production All projects Note Exploration Surveys (not involving drilling) are exempted provided the concession areas have got previous clearance for physical survey 1(c) River projec ts Valley (D > 50 MW hydroelectric power generation;
(ii) > 10,000 ha. of culturable command area
(i)<50Mw>2s MW hydroelectric power generation;
(ii) < 10,000 ha. of culturable command area General Condition shall aPply l(d) Thermal Plants Power > 500 MW (coal4ignite/naphta & gas based);
> 50 MW (Pet coke diesel and all other fuels -) < 500 IvIw (coaUlignite/naptha & gas based);
<50MW > 5MW (Pet coke ,diesel and all other fuels ) General Condition shall apply
(1) (2) (3) (4) (s) 1(e) Nuclear power projects and processing of nuclear fuel All projects ., Primary Processing 2(a) Coal washeries ) I million tor/annum throughput of coal <lmillion ton/annum tfuoughput of coal General Condition shall apply (If located within mining area the proposal shall be appraised together with the mining proposal) 2 (b) Mineral beneficiation 2 0.Imillion ton/annum mineral tkoughput < 0.lmillion tor/annum mineral throughput General Condition shall apply (Mining proposal with Mineral beneficiation shall be appraised together for grant of clearance) '1 'l ^\ 3 Materials Production
(r) (2) (3) (:4') (s) 3(a) Metallurgical industries (ferrous & non ferrous) a)himary metallurgical industry All projects b) Sponge manufacturing > 2OOTPD lron c)Secondary metallurgical processing industry All toxic and heavy metal producing units > 20,000 tonnes /annum Sponge manufacturing <2OOTPD lron Secondary metallurgical processing industry i.)All toric andheaYymetal producing units <20,000 tonnes /annum ii.)Alt other non -toxic secondary metallurgical processing industries >5000 tonnes/annum General Condition apply for Sponge manufacturing shall iron 3( b) > 1.0 million tonneYannum production capacity < 1.0 million tonnes/annum production capacity. All Stand alone grinding units General Condition shall apply 12 Cement plants 4 Materials Processing I (4 5 4(a) Petroleum refining industry All projects 4(b) Coke oven plants >2,50,000 tonneYannum <2,50,000 & 225,000 tonnes/annum 4(c ) Asbestos milting and asbestos based All projects 4(d) Chlor-alkali industry >3m TPD production capacityor a unit located out side the notifred industrial areal estate No new Mercury Cell based plants will be permitted and existing units converting to membrane cell technology are exempted from this Notification <300 TPD production Specific Condition shall notified industrial areal apply a estate capacity and located within 4(e) Soda ash Industrv All projects 4(D kather/skin/hide processing industly New projects outside the industrial area or expansion of existing units out side the industrial area AII new or expansion of projects located within a notified industrial areal estate condition shallSpecific apply 5 Manufacturin g/Fabrication s(a) Chemical fertilizers All projects s(b) Pesticides industry and pesticide specific intermediates (excluding formulations) All units technical pesticides producing grade 13 (z\ (3)
(1) (2t (3) (4) (s) 5(c) Petro-chemical complexes (industries based on processing of petroleum fractions & natural gas and/or reforming to aromatics) All projects s(d) Manmade fibres manufacluring Rayon Others General Condition shall apPly 5(e) Petrochemical based processing (processes other than cracking & reformation and not covered under the complexes) l,ocated out side the notifi ed industrial areal estate Located in a notified industrial area./ estate Specific Condition shall apply s(f) Synthetic organic chemicals industry (dyes & dye intermediates; bulk drugs and intermediates excluding drug formulations;
synthetic rubbers;
basic organic chemicals, other synthetic organic chemicals and chemical intermediates) Located out side the notified industrial areal estate Located in a notified industrial area./ estate Specifrc Condition shall apply s(e) Distilleries (i)A11 Molasses based di stilleries
(ii) All Cane juicd non-molasses based distilleries )30 KLD All Cane juice/nonmolasses based distilleries General Condition shall apply <30 KLD s(h) Integrated paint industry All projects General Condition shall apply 14
(1) (2) (3) (4) s(i) Pulp & papet industry excluding manufacturing of paper from waste paper and manufacture of paper from ready pulp with out bleaching Pulp and lnanufac turing Pulp& Paper manufacturing industry s(i) Sugar Industry 2 5000 tcd cane crushing capacity General Condition shall apply Induction/arc furnaceVcupola furnaces 5TPH or more All projects General Condition shall appiv 6 SerYice Sectors 6(a) Oil & gas transportation pipe line (crude and refinery' petrochemical products), passing through national parks /sanctuaries/coral reefs /ecologically sensitive areas including LNG Terminal All projects s(k) A 15 (51 Paper manufacturinglceneral industry v/ithout pulp lapply manufacturing I I I Condition shall
(1) (2\ (3) (4) (s) 6(b) Isolated storage & handling of hazardous chemicals (As per threshold planning quantity indicated in column 3 of schedule2&3of MSIHC Rules 1989 amended 2000) All projects General Condition shall apply 7 Physical Infrastructure including Environmental Services 7(a) Air ports 7(b) All ship breaking yards including ship breaking units All projects 7(c) Industrial estates/ parks/ complexes/ areas, export processing Zones (EF ), Special Economic Tnnes (SE ), Biotech Parks, l€ather Complexes.
If at least one industry in the proposed industrial estate falls under the Category A, entire industrial area shall be treated as Category A, irrcspective of the area.
Industrial estates with area greater than 500 ha. and housing at least one Category B industry.
-Industrial estates housing at least one Category B industry and area <500 ha.
Industrial estates of area> 500 ha. and not housing any industry belonging to Category A or B.
Special condition shall apply Note:
Industrial Estate of area below 500 ha. and not housing any industry of category A or B does not require clearance, 7(d) Common hazardous waste treatment, storage and disposal facilities (TSDFs) All integrated facilities having incineration &landirll or incineration alone All facilities having land fill only General Condition shall apPly 16 All projects
(1) (2) (3) (4\ (s) 7(u) Ports, Harbours > 5 million TPA of cargo handling capacify (excluding fishing harbours) < 5 million TPA of cargo handling capacity and/or porty harbours 210,000 TPA of fish handling capacity General Condition shall applv 7(t) Highways i) New National High ways; and ii) Expansion of National High ways greater than 30 KM, involving additional right of way greater than 20m involving land acquisition and passing through more than one State.
i) New State High ways;
and ii) Expansion of National / State Highways greater than 30 km involving additional right of way greater than 20m involving land acquisition.
General Condition shall apply 7(e) Aerial ropeways All projects General Condition shall apply 7(h) Common Effluent Treatment Plants (CETPS) All projects General Condition shall apply 7(i) Common Municipal Solid Waste Management Facility (cMswMD AII projects General Condition shall apply
(1) (2) (3) (4) (s) 8 Building /Construction projects/Area Development projects and Townships 8(a) andBuilding Construction projects >20000 sq.mtrs and <1,50,000 sq.mrs. of built-up area# #(built up area for covered construction; in the case of facilities open to the sky, it will be the activity area ) 8(b) Tbwnships and Area Development projects.
Covering an area I 50 ha and or built up area :1,50,000 sq .mtrs ++ t*All proiects under Item 8(b) shall be appraised as Category B I Note:- General Condition (GC):
Any project or activity specified in Category 'B' will be treated as Category A, if located in whole or in part within 10 km from the boundary of: (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-sensitive areas, (iv) inter-State boundaries and intemational boundaries.
Specific Condition (SC):
If any Industrial Estate/Complex / Export processing Zones /Special Economic ZoneslBiotech Parks / kather Complex with homogeneous t)?e of industries such as Items 4(d), a(0, 5(e), 5(0, or those Industrial estates with pre -defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estatevcomplexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).
18 --- --]
(r) APPENDIX I (See paragraph - 6) FORM I Basic Information Name of the Project:
Location / site altematives under consideration:
Size of the Project: * Expected cost of the project:
Contact Information:
Screening Category:
Capacity cofiesponding to sectoral activity (such as production capacity for nnnufacturing, mining lease area and production capacity for mineral production, area for mineral exploration, length for linear transport infrastructure, Beneration capacity Ior power generation etc.,) (II) Activity
1. Construction, operation or decommissioning of the Project involving actions, which will cause physical changes in the locality (topography, land use, changes in water bodies, etc.)
19 S.No. Informatiory'Checklist conlirmation Yes/No Details thereof (with approximate quantities /rates, wherevcr possible) wilh source of information data I I Permanent or temporary change in land use, land cover or topography including increase in intensity of land use (with respect to local land use plan)
1.2 Clearance of existing land, vegetation and buildings?
Creation of new land uses?
1.4 Pre-construction investigations e.g. bore houses, soil testing?
1.5 Construction works?
1.3 t.6 Demolition works?
t.7 Temporary sites used for construction works or housing of construction workers?
t.8 Above ground buildings, structures or ' earthworks including linear st$ctures, cut and fill or excavations
1.9 Underground works including mining or tunneling?
Reclamation works?
l.ll Dredging?
t.t2 Offshore structures?
Production and manufacturing processes?
1.14 Facilities for storage of goods or materials?
Facilities for treatment or disposal of solid waste or liquid effluents?
l.l6 Facilities for long term housing of operational workers?
t.t7 New road, rail or sea traffic during oonstruction or operation?
l. l8 New road, rail, air waterbome or other transport inftastructure including new or altered routes and stations, ports, airports etc?
r. r9 Closure or diversion of existing transport routes or infrastructure leading to changes in traffic movements?
1.20 New or diverted ransmission lines or pipelines?
L2t Impoundment, damming, culverting, realignment or other changes to the hydrology of watercourses or aquifers?
t.22 Stream crossings?
L23 Abstraction or transfers of water form ground or surface waters?
t.24 Changes in water bodies or the land surface affecting drainage or run-off?
20 l.r0 l. l3 Lt5 1,25 Transport of personnel or materials for construction, operation or decommissioning?
1.26 Long-term dismantling or decommissioning or restoration works?
1.27 Ongoing activity during decommissioning which could have an impact on the environment?
1.28 lnflux of people to an area in either temporarily or permanently?
1.29 Introduction of alien species?
1.30 loss of native sp€cies or genetic diversity?
l.3l Any other actions?
2. Use of Natural resources for construction or operation of the Project (such as land, water, materials or energy, especially any resources which are non-rcnewable or in short supply):
2-l S.No. Information/checklist confi rmation YcVNo Details thereof (with approximate quantities /rates, wherever possible) with source of information data
2.1
2.2 Water (expected source & competing users) unit: KLD
2.3 Minerals (MT) lonstruction material - stone, aggregates, and / soil (expected source - MT)
2.5 Forests and timber (source - MT)
2.6 Energy including electricity and fuels (source, competing users) Unit: fuel (MT), energy (MW)
2.7 Any other natural resources (use appropriate standard units) I Land especially undeveloped or agriculrural I land (ha) | i
2.4
3. Use, storage, transport, handling or production of substances or materials, which could be harmful to human health or the environment or raise concerns about actusl or perceived risks to human health.
4, Production of solid wastes decommissioning (MT/month) during construction or operation or S.No. Information/Checklist conlirmation YeVNo Details thereof (with approximate quantities/rates, wherever possible) with source of information data
3.1 Use of substances or materials, which are hazardous (as per MSIHC rules) to human health or the environment (flora, fauna, and water supplies)
3.2 Changes in occurrence of disease or affect disease vectors (e.9. insect or water bome diseases)
3.3 Affect the welfare of people e.g. by changing living conditions?
3.4 Vulnerable groups of people who could be affected by the project e.g. hospital patients, children, the elderly etc.,
3.5 Any other causes S.No. Informatiory'Checklist confi rmation YeJNo Details thereof (with approximate quantities/rates, wherever possible) with source of information data
4.1
4.2 Municipal waste (domestic and or commercial wastes)
4.3 Hazrdous wastes (as per Hazardous Waste Management Rules) Spoil, overburden or mine wastes
4.4 Other industrial p(rcess wastes
4.5 Surplus product
4.6 Sewage sludge or other sludge from effluent treatment
4.7 Construction or demolition wastes
4.8 Redundant machinery or equipment
4.9
4.10 Contaminated soils or other materials Agricultural wastes
4.t I Other solid wastes
5. Release of pollutants or any hazardous, toxic or noxious substances to air (Kg/hr) S.No. Informatiory'Checklist confi rmation Yes/No Details thereof (with approximate quantitieVrates, wherever possible) with source of information data
5.1 Emissions from combustion of fossil fuels from stationary or mobile sources
5.2 Emissions from production processes
5.3 Emissions from materials storage or transport handling including
5.4 Emissions from construction activities including plant and equipment
5.5 Dust or including waste odours from handling construction materials, of materials sewage and
5.6 Emissions from incineration of waste
5.7 Emissions from burning of waste in open air (e.g.
slash materials, construction debris)
5.8 Emissions from any other sources
6. Generation of Noise and Yibration, and Emissions of Light and Heat:
S.No. Information/Checklist confi rmation YeVNo Details thereof (with approximate quantitieVrates, wherever possible) with source of information data with source of information data
6.1 From operation of equipment e.g. engines, ventilation plant, crushers
6.2 From industrial or similar processes
6.3 From construction or demolition
6.4 From blasting or piling
6.5 From construction or operational traffic
6.6 From lighting or cooling systems
6.7 From any other sources S.No. Information/Checklist confi rmation YesNo Details thereof (with approximate quantities/rates, wherever possible) with source of information data
7.t From handling, storage, use or spillage of hazardous materials
7.2 From discharge of sewage or other effluents to water or the land (expected mode and place of discharge) t-3 By deposition of pollutants emitted to air into the land or into water
1.4 From any other sources '7.5 Is there a risk of long term build up of pollutants in the environment from these sources?
7. Risks of contamination of land or weter from rel€ases of pollutants into the ground or into sewers, surface watersr groundwater, coastal ryaters or the sea:
8. Risk of accidents during construction or operation of the Project, which could affect human health or the environment 25 S.No. Information/Checklistco irmatio[ YeVNo Details thereof (with approximate quantitiedratts, wherever possible) with source of information data
8.1 From explosions, spillages, fires etc from storage, handling, use or production of hazardous substances
8.2 From any other causes Could the project be affected by natural disasters causing environmental damage (e.9. floods, earthquakes, landslides, cloudburst etcX
8.3
9. Factors which should be considered (such as consequential development) which could lead to environmental etlects or the potential for cumulatiye impacts with other existing or planned activities in the locality S. No. Information/Checklist confi rmation Yes/No Details thereof (with approximate quantities/rates, wherever possible) wilh source of information data
9.1 Irad to development of supponing, lities, ancillary development or development stimulated by the project which could have impact on the environment e.g.:
. Supporting infrastructure (roads, power supply, waste or waste water reatment, etc.)
housing development extractive industries supply indusaies oth6r
9.2 Lead to after-use of the site, which could havean impact on the environment
9.3 Set a precedent for later developments Have cumulative effects due to proximity to other existing or planned projects with similar effects (IID EnvironmentalSensitivity S.No, Areas Name/ Identity Aerial distance (within 15 km.)
Proposed project location boundary I I Areas protected under intemational conventions, national or local legislation for their ecological, landscape, cultural or other related value 26
9.4 2 Areas which are important or sensitive for ecological rcasons - Wetlands, watercourses or other water bodies, coastal zone, biospheres, mountains, forests 3 Areas used by protected, important or sensitive species of flora or fauna for breeding, nesting, foraging, rcsting, over wintering, migration 4 Inland, coastal, marine or underground waters 5 State, National boundaries 6 Routes or facilities used by the public for access to recreation or other tourist, pilgrim areas '7 Defence installations 8 Densely populated or buillup area 9 Areas occupied by sensitive man-made land uses (hospitdls, schaols, places of worship, community facilities ) l0 fueas containing important, high quality or scarce resources (ground water resources, surface resources, forestry, agicukure, fisheries, touism, minerals) lt Areas already subjected to pollution or environmental damage. (those where existing legal enyironmental standards are exceeded) t2 Areas susceptible to natural hazard which could cause the project to present environmental problems (earthquakes, subsidence, landslides, erosion, floodinB ot extremc or adverse climatic conditions) (IY). Proposed Terms of Reference for EIA studies 27 H APPENDIX II (See paragraph 6) FORM-I A (only for construction projects listed under item 8 of the Schedule) CHECK LIST OF ENVIRONMENTAL IMPACTS (Project proponents are required to provide full information and wherever necessary attach explanatory notes with the Form and submit along with proposed environ.mental management plan & monitoring programme)
1. LAND ENVIRONMEI{T (Attach panoramic view of the project site and the vicinity) l.l. lVill the existing landuse get significandy altered from the project that is not consistent with the surroundings? (Proposed landuse must conform to the approved Master Plan / Development Plan of the area. Change of landuse if any and the statutory approval from the competent authority be submitted). Attach Maps of (i) site location, (ii) surrounding featurcs of the proposed site (within 500 meters) and (iii)the site (indicating levels & contours) to appropriate scales. If not available attach only conceptual plans.
1.2. List out all the major project requirements in terms of the land area, built up area, water consumption, power requirement, connectivity, community facilities, parking needs etc.
1.3. What are the likely impacts of the proposed activity on the existing facilities adjacent to the proposed site? (Such as open spaces, community facilities, details of the existing landuse, disturbance to the local ecology).
1.4. Will there be any significant land disturbance resulting in erosion, subsidence & instability? @etails of soil type, slope analysis, wlnerability to subsidence, seismicity etc may be given).
1.5. Will the proposal involve alteration of natual drainage systems? (Give details on a contour map showing the natural drainage near the proposed project site)
1.6. What are the quantities of earthwork involved in the construction activity-cutting, filling, reclamation etc. (Give details of the quantities of earthwork involved, transport of fill materials from outside the site etc.)
1.7. Give details regarding water supply, waste handling etc during the consuuction period.
1.8. Will the low lying areas & wetlands get altered? (Provide details of how low lying and wetlands are getting modified from the proposed activity)
1.9. Whether construction debris & waste during construction cause health hazard? (Give quantities of various types of wastes generated during construction including the construction labour and the means of disposal)
2. WATERET{VIRONMENT
2. l. Give the total quantity of water requircment for the proposed project with the breakup of requirements for various uses. How will the water rcquirement met? State the sources & quantities and fumish a water balance statement.
28 2,2. What is the capacity (dependable flow or yield) of the proposed source of water?
2.3. What is the quality of water required, in case, the supply is not from a municipal source?
(Provide physical, chemical, biological characteristics with class of water quality)
2.4. How much of the water rcquirement can be met from the recycling of treated wastewater? (Give the details of quantities, sources and usage)
2.5. Will there be diversion of water from other users? (Please assess the impacts of the project on other existing uses and quantities of consumption)
2.6. What is the incremental pollution load from wastewater generated from the proposed activity? (Give details of the quantities and composition of wastewater generared from the proposed activity)
2.7. Give details of the water requirements met from water harvesting? Furnish details of the facilities created.
2.8. What would be the impact of the land use changes occurring due to the proposed project on the runoff characteristics (quantitative as well as qualitative) of the area in the post construction phase on a long term basis? Would it aggravate the problems of flooding or water logging in any way?
2.10. What precautionvmeasues are taken to prevent the run-off from construction activities polluting land & aquifers? (Give details of quantities and the measures taken to avoid the adverse impacts)
2.1l. How is the storm water from within the site managed?(State the provisions made to avoid flooding of the area, details of the drainage facilities provided along with a site layout indication contour levels) 2,12, Will the deployment of construction labourers particularly in the peak period lead to unsanitary conditions arcund the project site (Justify with proper explanation)
2.13. What on-site facilities are provided for the collection, treatment & safe disposal of sewage? (Give details of the quantities of wastewater generation, treatment capacities with technology & facilities for recycling and disposal)
2.14. Give details of dual plumbing system if treated waste used is used for flushing of toilets or any other use.
3. YEGETATION
3.1. Is there any thrcat of the project to the biodiversity? (Give a descriPtion of the local ecosystem with it's unique featurcs, if any) 29
2.9. What arc the impacts of the proposal on the ground water? (Will there be tapping of ground water; give the details of ground water table, recharging capacity, and approvals obtained from competent authority, if any)
3.2. will the construction involve extensive clearing or modification of vegetation? (provide a detailed account of the trees & vegetation affected by the project) 3-3. what are the measures proposed to be taken to minimize the likely impacts on important site features (Give details of proposal for tree plantation, landscaping, creation of water-bodies etc along with a layout plan to an appropriate scale)
4.FAUNA
4.1' Is therc likely to be any displacement of fauna- both terrestrial and aquatic or creation of barriers for their movement? Provide the details.
4.2. Any direct or indirect impacts on the avifauna of the area? provide details.
4.3. Prescribe measures such as corridors, fish ladders etc to mitigate adverse impacts on fauna
5. AIR ENVIRONMENT
5.1. Will the project increase atmospheric concentration of gases & result in heat islands?
(Give details of background air quatity levels with prcdicted values based on dispersion models taking into account the increased traffic generation as a result of the proposed constructions)
5.2. What are the impacts on generation of dust, smoke, odorous fumes or other hazardous gases? Give details in relation to all the meteorological parameters.
5.3. Will the proposal create shortage of parking space for vehicles? Fumish details of the present level of transport infrastructure and measures proposed for improvement including the traffic management at the entry & exit to the project site.
5.4. hovide details of the movement pattems with internal roads, bicycle tracks, pedestdan pathways, footpaths etc., with areas under each category.
5.5. Will there be significant increase in traffic noise & vibrations? Give details of the sources and the measures proposed for mitigation of the above.
5.6. What will be the impact of DG sets & other equipment on noise levels & vibration in & ambient air quality around the project site? Provide details.
5. AESTHETICS
6.1. Will the proposed constructions in any way result in the obstruction of a view, scenic amenity or landscapes? Are these considerations taken into account by the proponents?
6.2. Will there be any adverse impacts from new constructions on the existin8 structues?
What are the considerations taken into account?
6.3. Whether therc are any local considerations of urban form & urban design influencing the design criteria? They may be explicitly spelt out.
6.4. Are therc any anthropological or archaeological sites or artefacts nearby? State if any other significant features in the vicinity of the proposed site have been considered.
7, SOCIO.ECONOMIC ASPECTS
7.1. Will the proposal rcsult in any changes to the demographic structure of population? Provide the details.
30 local
7.2. Give details of the existing social infrastructure around the proposed project.
7.3. tilill the project cause adverse effepts on local communities, disturbance to sacred sites or other cultural values? What are the safeguar& proposed?
8. BUILDING MATERIALS
8.1. May involve the use of building materials with high-embodied' energy. Are the construction materials produced with energy efficient processes? (Give details of energy conservation measures in the selection of building materials and their energy efficiency)
8.2. Transport and handling of materials during consruction may result in pollution, noise & ' ' public nuisance. What measures are taken to minimize the impacts?
8.3. Are rccycled materials used in roads and structures? State the extent of savings achieved?
8.4. Give details of the methods of collection, segregation & disposal of the garbage generated during the operation phases of the project.
9. ENERGY CONSERVATION
9.2. What type of, and capacity of, power back-up to you plan to provide?
9.3. What are the characteristics of the glass you plan to use? Provide specifications of its characteristics related to both short wave and long wave radiation?
9.4. What parisive solar architectural features are being used in the building? lllustrate the applications made in the proposed project.
9.6, Is shading effectively used to reduce cooling/heating loads? What principles have been used to maximize the shading of Walls on the East and the West and the Roof? How much energy saving has been effected?
9.7. Do the structurcs use energy-efficient space conditioning, lighting and mechanical systems? hovide technical details. Provide details of the transformers and motor efficiencies, lighting intensity and air-conditioning load assumptions? Are you using CFC and HCFC free chillers? Provide specifi cations.
9.8. What are the likely effecs of the building activity in altering the micro-climates? Provide a self assessment on the likely impacts of the proposed construction on creation of heat island & inversion effects?
31
9.1. Give details of the power requircments, source of supply, backup source etc. What is the energy consumption assumed per square foot of built-up area? How have you tried to minimize energy consumption?
9.5. Does the layout of streets & buildings maximise the potential for solar energy devices?
Have you considered the use of street lighting, emergency lighting and solar hot water systems for use in the building complex? Substantiate with details.
9.9. What are the thermal characteristics of the building envetope? (a) roof; O) extemal wallsi and (c) fenestration? Give details of the material used and the U-values or the R values of the individual components.
9.10. What precautions & safery measures are proposed against flre hazards? Fumish details of emergency plans.
9.1i. If you are using glass as wall material provides details and specifications including emissivity and thermal characteristics.
9.12. What is the rale of air infiltration into the building? Provide details of how you are mitigating the effects of infiltration.
9.13. To what extent the non-conventional energy technologies are utilised in the overall energy consumption? Provide details of the renewable energy technologies used.
10. Environment Management Plan The Environment Management Plan would consist of all mitigation measures for each item wise activity to be undertaken during the construction, operation and the entire life cycle to minimize adverse environmental impacts as a result of the activities of the project. It would also delineate the environmental monitoring plan for compliance of various environmental regulations. It will state the steps to be taken in case of emergency such as accidents at the site including fire.
32 APPENDIX III (See paragraph 7 GENERIC STRUCTURE OF ENVIRONMENTAL IMPACT ASSESSENT DOCTJMENT s.No EIA STRUCTURE CONTENTS I Introduction Purpose of the report . Identification ofproject & project proponent . Brief description of nature, size, location of the project and its importance to the country, region . Scope of the study - details of rcgulatory scoping carried out (As per Terms of Reference)
2. Project Description . Condensed description of those aspects of the project (based on project feasibility study), likely to cause environmental effects. Details should be provided to give clear picture of the following:
. Type of project Need for the project . Location (maps showing general location, specific location, project boundary & project site layout) . Size or magnitude of operation (incl. Associated activities requircd by or for the project Proposed schedule for approval and implementation Technology and process description . Project description. Including drawings showing project layout, components of project etc. Schematic reprcsentations of the feasibility drawings which give information important for EIA purpose . Description of mitigation measures incorporated into the project to meet environmental standards, environmental op€rating conditions, or other EIA requirements (as required by the scope) . Assessment of New & untested technology for the risk of technological failurc 4 6 3 Description of Environment the . Study area, period, components & methodology . Btablishment of baseline for valued environmental components, as identified in the scope . Base maps of all environmental components Anticipated Environmental Impacts & Mitigation Measures . Details of Investigated Environmental impacts due to project location, possible accidents, project design, project construction, regular operations, final decommissioning or rchabilitation of a completed project . Measures for minimizing and / or offsetting adverse impacts identified . Irreversible and lrretrievable commitments of envimnmental components . Assessment of significance of impacts (Criteria for determining signifi cance, Assigning signifi cance) Mitigation measures Analysis of Alternatives (Technology & Site) . In case, the scoping exercise rcsults in need for alternatives:
Description of each altemative Summary of adverse impacts of each altemative Mitigation measures proposed for each altemative and Selection of altemative Environmental Monitoring Program . Technical aspects of monitoring the effectiveness of mitigation measures (incl. Measurement methodologies, frcquency, location, data analysis, reporting schedules, emergency procedures, detailed budget & procurement schedules) 7 Additional Studies Public Consultation Risk assessment Social Impact Assessment. R&R Action Plans 8 Project Benefits Improvements in the physical infrastructure Improvements in the social infrastructure Employment potential -skilled; semiskilled and unskilled Other tangible benefits 34
5.
9 Environmental Benefit Analysis Cost If recommended at the Scoping stage
10. EMP . Description of the administrative aspects of ensuring that mitigative measures are implemented and their effectiveness monitored, after approval of the EIA 1l Overall justification for implementation of the project . Explanation of how, adverse effects have been mitigated
12. Disclosurc Consultants engaged of The names of the Consultants engaged with their brief resume and nature of Consultancy rendered 35 Summary & Conclusion I (This q'ill constirute the I summary of the EIA I Report ) | I APPENIDIX III (See paragraph A 7) CONTENTS OF SUMMARY ENVIRONMENTAL MTACT ASSESSMENT The Summary EIA shall be a summary of the full EIA Report condensed to ten A4 size pages at the maximum. It should necessarily cover in brief the following Chapters of the full EIA Report: - l. Project Description
2. Description of the Envionment
3. Anticipated Environmental impacts and mitigation measures
4. Environmental Monitoring Programme
5. Additional Studies
6. Project Benefits
7. Environment Management Plan 36 APPENDIX IV (See paragraph 7) PROCEDURE FOR CONDUCT OF PUBLIC HEARING
1.0 The Public Hearing shall be arranged in a systematic, time bound and transparent manner ensuring widest possible public padicipation at the project site(s) or in its close proximity District -wise, by the concerned State Pollution Control Board (SPCB) or the Union Territory Pollution Conuol Committee (L-fTPCC).
2.1 The Applicant shall make a request through a simple letter to the Member Secretary of the SPCB or Union Territory Pollution Control Committee, in whose jurisdiction the project is located, to arrange the public hearing within the prescribed statutory period. In case the project site is extending beyond a State or Union Territory, the public hearing is mandated in each State or Union Territory in which the project is sited and the Applicant shall make separate requests to each concemed SPCB or UTPCC for holding the public hearing as per this procedurc.
2.2 The Applicant shall enclose with the letter of request, at least l0 hard copies and an equivalent number of soft (electronic) copies of the draft EIA Report with the generic structure given in Appendix III including the Summary Environment Impact Assessment report in English and in the local language, prcpared strictly in accordance with the Terms of Reference communicated after Scoping (Stage-2). Simultaneously the applicant shall arrange to forward copies, one hard and one soft, of the above draft EIA Report along with the Summary EIA report to the Ministry of Environment and Forests and to the following authorities or offices, within whose jurisdiction the project will be located:
(a) DistrictMagistrate/s
(b) Zla Parishad or Municipal Corporation
(c) District Industries Office
(d) Concemed Regional Office of the Ministry of Environment and Forests
2.3 On receiving the draft Environmental Impact Assessment report, the abovementioned authorities except the MoEF, shall arrange to widely publicize it within their respective jurisdictions requesting the interested persons to send their comments to the concemed regulatory authorities. They shall also make available the dmft EIA Report for inspection electronically or otherwise to the public during normal office hours till the Public Hearing is over. The Ministry of Environment and Forests shalt promptly display the Summary of the draft Environmental Impact Assessment report on its website, and also make the full draft EIA available for reference at a notified place during normal office hours in the Ministry at Delhi.
2.4 The SPCB or UTPCC concemed shall also make similar arangements for giving publicity about the project within the Staterunion Territory and make available the Summary of the draft Environmental Impact Assessment report (Appendix III A) for inspection in select offices or public libraries or panchayats etc. They shall also additionally
2. 0 The Process:
make available a copy of the draft Envtonmental Impact Assessment report to the above five authoritieVoffices viz, Ministry of Environment and Fbrests, District Maglstrate etc.
3.0
3.1 The Member-Secretary of the concemed SPCB or UTPCC shall finalize the date, time and exact venue for the conduct of public hearing within 7(seven) days of the date of receipt of the draft Environmental Impact Assessment report from the project proponent, and advertise the same in one major National Daily and one Regional vemacular Daily. A minimum notice p€riod of 30(thirty) days shall be provided to the public for fumishing their responses;
3.2 The advertisement shall also inform the public about the places or offices where the public could access the draft Environmental Impact Assessment report and the Summary Environmental Impact Assessment report before the public hearing
3.3 No postponement of the date, time, venue of the public hearing shall be undertaken, unless some untoward emergency situation occurs and only on the recommendation of the concemed District Magistrate the postponement shall be notified to the public thrcugh the same National and Regional vemacular dailies and also prominently displayed at all the identified offices by the concemed SPCB or Union Territory Pollution Control Committee;
3.4 In the above exceptional circumstances fresh date, time and venue for the public consultation shall be decided by the Member -Secretary of the concemed SPCB or UTPCC only in consultation with the District Magistrate and notified afresh as per procedure under
3.1 above.
4.0 The Panel
5.0 Videography
5.1 The SPCB or UTPCC shall arrange to video film the entLe proceedings. A copy of the videotape or a CD shall be enclosed with the public hearing proceedings while forwarding it to the Regulatory Authority concemed.
6.0 Proceedings
6.1 The attendance of all those who are present at the venue shall be noted arld annexed with the final proceedings.
6.2 There shall be no quorum required for attendance for starting the proceedings.
6.3 A representative of the applicant shall initiate the proceedings with a prcsentation on the project and the Summary EIA report.
6.4 Every person present at the venue shall be $anted the opportunity to seek information or clarifications on the project from the Applicant. The summary of the public 38 Notice of Public Hearing:
4+ The District Magistrate or his or her representative not below the rank of an Additional District Magistrate assisted by a representative of SPCB or UTPCCT shall supervise and preside over the entire public hearing process.
hearing proceedings accurately reflecting all the views and concems expressed shall be recorded by the representative of the SPCB or UTPCC and read over to the audience at the end of the proceedings explaining the contents in the vemacula.r language and the agreed minutes shall be signed by the District Magistrate or his or her reprcsentative on the same day and forwarded to the SPCBruTPCC concemed.
6.5 A Statement of the issues raised by the public and the comments of the Applicant shall also be prepared in the local language and in English and annexed to the proceedings+
6.6 The proceedings of the public hearing shall be conspicuously displayed at the office of the Panchyats within whose jurisdiction the project is located, office of the concemed Zla Parishad, District Magistrate ,and the SPCB or UTPCC . The SPCB or UT?CC shall also display the proceedings on its website for general information. Comments, if any, on the proceedings which may be sent directly to the concerned regulatory authorities and the Applicant concemed.
7 .0 Time period for completion of public hearing
7.1 The public hearing shall be completed within a period of45 (forty five) days from date of receipt of the request letter from the Apglicant. Therefore the SPCB or UTPCC concemed shall sent the public hearing proceedings to the concerned regulatory authority within 8(eight) days of the completion of the public hearing .The applicant may also directly forward a copy of the approved public hearing proceedings to the regulatory authority concemed along with the final Environmental Impact Assessment report or supplementary report to the draft EIA report prepared after the public hearing and public consultations.
7.2 If the SPCB or UTPCC fails to hold the public hearing within the stipulated 45(forty five) days, the Central Govemment in Ministry of Environment and Forests for Category 'A' project or activity and the State Government or Union Territory Administration for Category 'B' project or activity at the request of the SEIAA, shall engage any other agency or authority to complete the process, as per procedure laid down in this notification.
39 APPENDIX -V (See paragraph 7) PROCEDURE PRESCRIBED FOR APPRAISAL
1. The applicant shall apply to the concemed regulatory authority through a simple communication enclosing the following documents where public consultations are mandatory: - . Final Environment knpact Assessment Report [20(twenty) hard copies and I (one) soft copy)l . A copy of the video tape or CD of the public hearing proceedings . A copy of final layout plan (20 copies) . A copy of the project feasibility repo( (l copy)
2. The Final EIA Report and the other relevant documents submitted by the applicant shall be scrutinized in office within 30 days from the date of its receipt by the concemed Regulatory Authority strictly with refercnce to the TOR and the inadequacies noted shall be communicated electronically or otherwise in a single set to the Members of the EAC /SEAC enclosing a copy each of the Final EIA Report including the public hearing proceedings and other public rcsponses received along with a copy of Form -lor Form lA and scheduled date of the EAC /SEAC meeting for considering the proposal .
3. Where a public consultation is not mandatory and therefore a formal EIA study is not required, the appraisal shall be made on the basis ofthe prescribed application Form I and a pre-feasibility report in the case of all projecs and activities other than Item 8 of the Schedule .In the case of Item I of the Schedule, considering its unique project cycle , the EAC or SEAC concemed shall appraise all Category B projects or activities on the basis of Form 1, Form lA and the conceptual plan and stipulate the conditions for environmental clearance . As and when the applicant submits the approved scheme /building plans complying with the stipulated environmental clearance conditions with all other necessary statutory approvals, the EAC /SEAC shall recommend the $ant of environmental clearance to the competent authority.
4. Every application shall be placed before the EAC /SEAC and its appraisal completed within 60 days of its receipt with requisite documents / details in the prescribed manner.
5. The applicant shall be informed at least 15 (fifteen) days prior to the scheduled date of the EAC /SEAC meeting for considering the project proposal.
6. The minutes of the EAC /SEAC meeting shall be finalised within 5 working days of the meeting and displayed on the website of the concemed regulatory authority. In case the project or activity is recommended for grant of EC, then the minutes shall clearly list out the specific environmental safeguards and conditions. In case the recommendations are for rejection, the reasons for the same shall also be explicitly stated.
40 APPENDIX YI (See paragraph 5) .
COMPOSITION OF THE SECTOR/ PROJECT SPECIT'IC E)PERT APPRAISAL COMMITTEE (EAC) FOR CATEGORY A PROJECTS AND THE STATEA]T LEVEL E)(PERr APPRAISAL CoMMITTEES (SEACs) rOR CATEGORY B PROJECTS TO BE CONSTITUTED BY THE CENTRAL GOVERNMENT' l. The Expert Appraisal Committees (EAC(s) and the StateruT lrvel Expert .{ppraisal Committees (SEACs) shall consist of only professionals and experts fulfilling the following eligibility criteria:
Professional: The person should have at least (i) 5 years of formal University training in the concemed discipline leading to a MA/IVISc Degree, or (ii) in case of Engineering /Technology/Architecture disciplines,4 years formal training in a professiohal training course together with prescribed practical training in the field leading to a B.Tech/8.E./B.Arch. Degree, or (iii) Other professional degree (e.g. [aw) involving a total of 5 years of formal University training and prescribed practical training, or (iv) Prescribed apprenticeship/article ship and pass examinations conducted by the concemed professional association (e.g. Chartered Accountancy ),or (v) a University degree , followed by 2 years of formal training in a University or Service Academy (e.g. MBA/IAS/IFS). In selecting the individual professionals, experience gained by them in their respective fields will be taken note of.
Expert: A professional fulfilling the above eligibility criteria with at least 15 years of relevant experience in the field, or with an advanced degree (e.g. Ph.D.) in a concemed field and at least l0 years of relevant experience.
Age: Below 70 years. However, in the event of the non-availability of ipaucity of experts in a given field, the maximum age of a member of the Expert Appraisal Committee may be allowed up to 75 years
2. The Members of the EAC shall be Experts with the requisite expertise and experience in the following fields /disciplines. In the event that persons fulfilling the criteria of "Experts" are not available, Professionals in the same field with sufficient experience may be considered:
. Environment Quality Experts: Experts in measurement/monitoring, analysis and interpretation of data in relation to environmental quality . Sectorat Experls in Project Management: Experts in Project Management or Management of ProcesVOperations/Facilities in the relevant sectors.
. Environmental Impact Assessment Process Experts: Experts in conducting and carrying out Environmental Impact Assessments (EIAS) and preparation of Environmental Management Plans @MPs) and other Management plans and who have wide expertise and knowledge ofpredictive techniques and tools used in the EIA process Risk Assessment Experts Life Science Experts in floral and fauual management Forestry and Wildlife Experts 41 Environmental Fronomics Expert with €xperience in project appraisal
3. The Membership of the EAC shall not exceed 15 (fifteen) regular Members. However the Chairperson may co-opt an expert as a Member in a relevant field for a particular meeting of the Committee.
4. The Chairperson shall be an outstanding and experienced environmental policy expert or expert in management or public administration with wide experience in the relevant development sector.
5. The Chairperson shall nominate one of the Members as the Vice Chairperson who shall preside over the EAC in the absence of the Chairman /Chairperson.
6. A representative of the Ministry of Envirorxnent and Forests shall assist the Committee as its Secretary.
7. The maximum tenure of a Member, including Chairperson, shall be for 2 (two) terms of 3 (three) years each.
8. The Chairman / Members may not be removed prior to expiry of the tenure without cause and proper enquiry.
42 I Page I of 7 9t2612006 ti The Review Checklist http ://envfor.nic.in/divisions/iass/eia/Checklist0.lrtm I I Page 2 of 7 How To Use This Checklist All project proposals requiring Environmental Assessment (see Chapter 3 of this Manual) may be examined according to the following review process.
The Review Checklist comprises two sections:
(A) Pre-Appraisal (B) Appraisal Each section begins with a set of guidance notes to be followed by EIA reviewers in iis completion.
Within Section B environmental information submitted as part of a project proposal is appraised under the following headings:
http ://envfor.nic.in/divisions/iass/eialChecklistO.htm
6. DIFFICULTIES IN COMPILING INFOR}
7. GENERAL PRESENTATION
8. NON.TECHNICAL SUMMARY
9. RISK ASSESSMENT )126/2006 I I. DESCRIPTION OF THE PROJECT
2. PROJECT AND PROCESS ALTERNANVES 3, DESCRIPTION OF THE ENVIRONMENT
4. DESCRITPTION OF IMPACTS
5. MITIGATION MEASURES 1 Page 3 of 7 Seiction A - Guidance Notes for Pre-Appraisal Step I (the lirst task):
For each Review Question the reviewer will need to determine whether or not the project proposal meets MoEF's preliminary requirements. If yes, the reviewer notes this and moves on to the next question.
Step 2 (the second task):
If a proposal does not meet MoEF's preliminary requirements, the reviewer notes this, and where applicable provides comment in the right hand column. Where a discrepancy is based on the omission of supporting documentation or information and where appropriate and feasible, the reviewer indicates where this information may be obtained according to the following listing:
Al Project Proponent Bl State Agencies Cl Central Agencies Dl State Government El Central Government Fl Deprrtmentslly Gl C€ntral Pollution Control Board Hl Other (please note) Step 3 (the third task) On the basis of the preliminary appraisal the reviewer makes a decision on whether or not the proposal justifies further review. If yes the reviewer continues with Section B of the Checklist.
http://envfor.nic.irldivisions/iass/eialChecklist0.htm 9/2612006 Pre-appraisal can be used to determine whether a submified project proposal meets the preliminary appraisal requirements ofMoEF. These include project siting restrictions, permitting requirements, and supporting documentation. The outcome of section A will be the decision on whether to continue appraising the proposal through section B of the checklist.
I )
0.2
0.3 O. PRELIMINARY PROJECT APPRAISAL No. Criterion Yes / No Leg Requirements
0.t Whether the proposal submitt€d rttracts the provisions of EIA notilicrtiotr, CRZ notilication, public hearing process snd amandments issued from time to time. When the proposal satislies the provisions of the above Are there litigation and/or dispute against the project?
Whether the project r€quires site clearance under EIA rotificstions; has site clearance been obtained? This should take inlo account clearances required under:
. The Local Authority;
. Forest Committee;
o Committee of Stat€ Government . R€gional or local developm€nt authority I nlo mal io n R e q u I r e rn e nls Does the application includ€ all those items listed iD the 'MoEF Document Checklist'?
Are thc purpose(s) snd objectives of the project clearly described?
Are the trature and status ofthe decision(s) that are reqrired to be made, clear from the information supplied?
http://envfor.nic.in/divisions/iass/eialChecklist0.htrn Page 5 of7 9t2612006
0.4
0.5
0.6 I O. PRELIMINARY PROJECT APPRAISAL Page 6 of7 \ 912612006 No. Criterion
0.1 Land Reqabements Where applicable, does the proposal include information relating to siting criteria, including distrnces from:
. Areas ofcultursl heritage; / historical monuments . forests;
. Ecologically sensitive areas( as mentioned in Annexure ID;
. Humrn settlements;
. Coastal Regulation Zones . Rords, Nrtional Highwrys and Railways . Defence installation, Air ports.
Wsler and Fuel Requlremen,J
0.t Has water requir€ment quantilied rnd sources identilied?
Does this include 8n assessm€nt of competi[g users, e.g.
drinkitrg, industry, irrigation etc.?
0.9 Are fuel sourc€s identilied and qusntilied? Whether fuel Iinkege and its transportation is estsblished?
0. r0 Have any special or hazardous wastes thst will be produc€d been identili€d and quantilied?
http ://envfor.nic.irldivisions/iass/eialChecklistO.htm Yes / No I t* IRPLTINARY PROJECT APPRAISAL h No. Criterion
0.1 I
0.12 Yes / No Financi s.nd Socio-Economic Requhements Whether the totsl project itrvestmetrt is given Whelher cost of environment protection, mitigation measures and R & R provided Slrulegic Requbemenls Does the proposal identify 'up-stream' and 'down-stream' impacts, for example:
. Sources of raw materials;
o Material and product transportation;
. Provide relevant maps on l:25000/l:2500 scale Other Rel€vant CriteriaEI
0.15 Whether the Public Hearing details enclosed
0.t3
0.14 http ://envfor.nic.in/divisions/iass/eialChecklistO.htm 9t26/2006