<Rt 6. t.uw.- 33004199 REGD. No. D. L.-33004/99 Che Gazette of India .3 2.ue.-37.-02032021-225597 CG-DL-E-02032021-225597 FqTETer EXTRAORDINARY AT [I—QTE 3—IT-TVE (i)
PART II—Section 3—Sub-section (ii) iR & TR PUBLISHED BY AUTHORITY . 906] 7% Reeht, HareraTe, W 2, 2021/ 11, 1942 No. 906] NEW DELHI, TUESDAY, MARCH 2,2021/PHALGUNA 11, 1942 ataTor, J9 i FEar] TRadR @ sferRg=aT % Reeft, 2 7, 2021
3. 980(3).—5TT TCRT F, TATIC (Ferm) wfaf=aw, 1986 i €T 3 F¥ ST (1) TAT 47T 3 #r ST (2) & @< (v) F AT T5a q= =7 (F7erm) fRaw, 1986 F TfiT ST AT AHT 3 qeATeAT T A = HEATe Y A= e &, 1533(), A 14 R, 2006 (S 7 gees TAT SArn siee=en R @ ?) 7T 7g e R & 0 = wavem & &, a1 Wy /A see feaw § i atm qwar afimdy AT FE ATl TATET AT AT Y S § T 9F iEreme av St v S e =7 et i e, Farfeafy, dE e 7 47 FT T 5 o aHE S 4T 3 fi ST (3) F i, A Al afrn F agew, aerw: wfss oo =6 = wE Fafor it §, o =i AT TR F7 F ST &7 A e s e, ogor | ArE 3 T F g faiw F ava &, Fe a7 T attwEen i, afteee | 3519(x), AT 23 T, 2016 A7 H. FA. 236(%), AT 16 AT, 2020 FTT Fenvfaa f=m, fre g, =ITa e & aftade & Aean, Semat & AT A A vHt 50 wiAer v @ Atz semas & mivontyw 3t afEa @ gt &, fww o i amm www Y w8 E § afvmdw ) afEee F faias § fee AT AT TET H HA T HEA H A=A A vy e g ST, TATA, T AT TAAT AT HATT A, ST T TGAT AT F AL I(g T LA 8, AT A% [ L AT H AT GiEAT § o G seman awan § 3 # agma £ F o, swem, gee @ ffami ARTA AT AR ;
T AT AT 3518(H), AT 23 FAET, 2016 FWT AAHAET SAET Afde=T F Wfimw%sflww S we, At A G e e & fft aftads s v e TTATE AT ITAT A HAT F TR A UH e gt & wew aet #, e f o watawfe arty st 1317 GI/2021 (1) 2 THE GAZETTE OF INDIA : EXTRAORDINARY [ParT II—SEC. 3(ii)] o T Tt s war i g, e A "t F dwa F ey afadT F avy ar gwn R wwewe, =ITRT S FAfAT Fee & wee § SeAnas awar # I0E A7 AgAT AT AT AHAA §, T AT S AW AT FAREARFAE;
ST, TETA AT WAL AEHAT F AT F TATAA (o, ATEAIAT A AL 345(), AT 17 FHA, 2019 7 SFAE=AT &, &AM 750(), AT 17 FAL, 2020 FT TAATT 7 Seqvaq & fory smerfa = ffami 77wy FAwTrenren AT F e F forn S s w7 swery Gy T aw | ¥ 2025 7% T # waAta ¥ 20 feers awfEwamT aTH A F o A At aiasd T # e & vEw gu, @ S w0 Y SN aH v A T g I, A, FATT FLHRTE, T (Fer) A=, 1986 (1986 FT 29) it 4T 3 it ST (1) diT STRTT
(2) ¥ =T (v) FTT TIT ARFAT FTTAW A GO, HEA F T, FEERE, 9 2, FF 3, ITAT (ji) F wA A 1533(e), ATETE 14 FHAFaT, 2006 FTT THNT, AT HIAE T TN AT ¥ A7 HATAT AT AT FormrferfRe o wefter et &, oaiey - T AT H -
1. 971 2 §, @ (ji) o = (jii) F T 77, P de var S, s - “(ii) 7 erfErgEeT A S & gEtas e Tt v et § see Foraor = wft ATl fraw & e, v av w9t e i d 7 F T (i) # ST ot s g F erefiv vy gu, I etieEer § Ay dwe o Ffafe s & W ama g0
2.9 7 H - . oo & “F wieaTeHer % o ereat v A B S
7. ITIT (i) F, ‘g0 SrRgEr f agget § ghag 7 o av fearmart w R 9Te% T % ot 3 = & sieee fh oo T, T (i) #, - () @= (%) &, “TIGATT TAETIT SaTa A7 S5 F O aras w5 g T ST eredt ¥ v, Freerte v stw A G s, ety - ‘T (@) AT G () F AT A AT TSt A Gt & af¥ETomTer AT T A A (Il) @< (@) v @ () F T 77, Feferte @ @ S, a9t - ‘() X e TREETE (R a9 Tt ey &), S wgeor 1§ R 7 el € ¢ (i) FT AV feor v (i) s fe v (i) semEt w 1A% AT AT (ii) THY WA 3 AT A AT A ISAET AT AT T AT AT
(iv) Fremm & o e & & =@we ae (e fom o oot samafsy Y&t AT TE §) F FG A7 qbrer A wfnet wv aww, G ot attg v o e AT SeTrae AT AR Fa (3 erfagae A7 ageEt # 7w A 2, 3, 4 @7 5 F AT qHAEE) AT ATET SeAEA G F FE Iy T A=A FATIY A AT F P W A, A AT SA(H TAT AL (T T =i TR 2 AT 9T Seq) § A0S AE A ¢ i T g FAw FeteteT F TionraereT, - (F) 7T g fAErEor S AT H ed wguw e Afaty av FET wEEr AT A€ AT =, A9 ST SOy TRaas w6 5, afefirg 13 & st wfen ¥ agaw, 9@ Tew 9w, f=era T @ieE A wfage dens F oageer 9w # # gy Tl THTOTT 3 AT U GOt 3 a0 H AR & Jrer T ST e ST AT &Y FATAT T g R A AT H Trwde wgu e afafd v amg g ;
[T I—=me 3(ii)] STTA T TS © AT 3 Foroqur » afx FETI frr ST o, TEfeafa, e s e ae AT A TTeE wguer e Afafy, A e A g w1 =" T FEA F VAT, Tg A wvdr § O o o v G arffETor F afTE S A E I, e as Fafm A e 7= Ffamr 7 SRl 4w g awer sro AT yeEE i g (F) ¥ agaw, T uhEdas @ e A syt FoaE § TATETfE s Sty wv F oAl a1 e aegae, e (FT=r) SfAfe, 1986 F Tere AT AE F | () SFA S fFFT £\ G T F v F o ww F form, e s e A A T g e A A s A TSTE WO T |fRT F wER & g w9 w9 95 A wversw F AT enET "aq e e (SEfraE) e s FTATAA & AT ZA g g Y 6 7w A gy Ay A g, At v afede av gty T i, TS AT G F Tt § wee-aie’ 7 47 4y qe-w v srt-oft1 e & i R E T E g g () TrET T = ST, S afEE g i G F ST o, He § g el F e wiveten F ema e AT FATIRY oA & w4 e & we § Gl afvmdw F o @ TATFIT ST e wE ERi, A Seras awAr § g ufvadT a1 g i T wfaat, e afommaeEeT gl g afaefgh, @@t A T ZIT ST AT SO, FT AT T T AEA-AwT 0, 5w T TS =utadTT & qfvaer (PARIVESH) 9éer 9% T afeamst #r Fafarfet sega e & e v g, W A A e A g, A A e TSI T & WA & o, SeAsiet, At A A e, 3, ST TR qferg F Hey §, “qgu A w7 s, fm- e s AT AT S HFT F O AT T (ST T T ST Av e Fore et e (Fardn) o watae wee Ao, S ara o7 i o T AT Taw A T g, # st v {ffy §) v awwawm TATHLTTE AT (Fver) R, 1986 F el st ve sy e ST 97 B [
3. 9T &, 7 5(F) F @A, w9 (5) § wf@® F vy, et a3 dwenfw & “feoqur ;T A+ Bt afvSt A T Ratreraret @, SEE m o T AT &, TAT TF WA, S e e wiewny gy a4 gwiie e F o faw w BT F TN A ST €, F Seran & o e #v went ot 20 afieeat e § ge o ST
4. 7f¥forg 13 % war e, ot afvferg 7 s, seate - “gffie 13 T R # i TN AT qErw T =T § I AT (i) FHr AR e A (ji) Serra-f av (i) semat F fmw wrEw v (i) THY T S S AT AU eATET AL IeAvat A HAw AT (iv) B de A afwsen £ mtawr sty § afafEe e & & dom aet § Hem v wiw o At & e § G o= afgs oy s ; v TeqTa ; AT FAfAmTor S (2 aftEe i ageE § wR AL 2, 3, 4 97 5 F A aeas) ¥ wed § geanad qea # et 3 % forn oo wafaeofis gemafsy it e & g2 T €1 T8 g o9 I w1 suerd g, R Sarn ATEE=AT, 1994 FAT TAET ATRHAAT, 2006 F AT TF TATATINT SATT ATHATH F A F | T qOHAT 7 ey F T A ST ATAATE A q g2 A A wed & o, afiee wears, et afie woagae FT m 4 THE GAZETTE OF INDIA : EXTRAORDINARY [ParT II—SEC. 3(ii)]
1. TSI YEATE & e 7 A g 6 ag 0 vt svdivas av giaitge deardt, s T T TR AT AT T A R € AT Ay, 9 i ey v wwer (G g g T HATAT FZT AT §) FTT T 7 S, & Tgeor 917§ A0 iy g1 1 T/ afssms 57 |
2. HATAT FIET AT TEA 97, ARA-THT 7 I FAT AT ALATE, “TGAT A F T q(5 A8 THITT ¥ =T AT UE 9 37 I 5 st i qmoy, Jew f st afem afve it AT ST & ST |
3. gz, Trfeafy, o wguwr e @€ A "= wewes wguw e wfafy @ AR =rtreTe & fasfert % ar i wo, - i 7T g T A A wgeer e |fat A e g e 9 ar s g AT AT HETAE AT AT HEAT T A H AL Al T A0 ii. TR AT T 3 o = # o st agmfE wmov ;s jii. ST TIE T TAAT AT TG AT H AL A AL THNTT AIATE AT AV AT o sl srfrefigt
4. T8 YHTT AFAT qEAT A, qAvieAty, T wguer R A ar @ e wguw e afafE g e £ e, S, afEET e & ati, 6 g= 7 A wemwatt )
5. 7%, Tanfeafa, e wgwor e @ A Fe Treer wgww e afafy, aeme G s ¥ g T g B e A e ar st # i sgee aw F gty F e E grm AT e g, a1 7 @ F et 7mr A 7 ge Gftmr 7 el i g wmr s G afiEsm s, T afvad a7 3 79§ T2, T AfeE=_ F 9 7 F I (ji) T (F) F qgA, T A =m0 q| AT FTF FT AT TR ST A (S afafiem, 1986 F SEy aagATe An g | Foroqur ; staart &7 g7 A ¥ o, @g =g G s § i afEm wemE a ag st g 5 7, T afvadw ar 3f5 w7 o, wntaty, afemdw, e @ smydee F afereee TG AT H AL O TG F AT F T AT AT FE A T TEATF, TATALT (FTE) wferfR=m, 1986 F ITEHT F Wi FreaTs & forw avft g, Aty AT v 7 F "erw fu W w g T Srar € B v afradw, S A s & wgoor e F 9ty a0 [T, . 22-33/2019-4TET.111] AT &7, Fge At Foroqur : et srfermEaT, AR & TS, SETE, 9L @ 3, IEE (i) §, SfEE=T S A 1533(9), A 14 a7, 2006 FTIT TR AT TE AT ST A=A T wA 221(3), A 18 AT, 2021 TR T e AT Ferae e T A MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd March, 2021 S.0. 980(E).—WHEREAS, by notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.0.1533 (E), dated the 14th September, 2006 issued under sub-section
(1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of the sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 (hereinafter referred to as the EIA Notification), the Central Government directed that on and from the date of its publication, the new projects or activities or the expansion or modernisation of existing projects or activities listed in the Schedule to the EIA notification entailing capacity addition with change in process or technology and/or product mix shall be undertaken in any part of India only after obtaining prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified therein;
[9TT I—=vs 3(ii)] AT AT TSI | AATETTT 5 AND WHEREAS, with core principle of ‘no increase in pollution load’, the Central Government has amended the EIA notification by notifications number S.0. 3518(E), dated the 23 November, 2016 and number S.0. 236 (E), dated the 16'hJanuary, 2020 providing flexibility in change in product-mix;
change in quantities within products or number of products in the same category including resultant increase in the production with a cap of 50 per cent for which environmental clearance has been granted;
change in configuration of the plant from the environmental clearance conditions during execution of the project;
AND WHEREAS, the Ministry of Environment, Forest and Climate Change is in receipt of requests from processing, production and manufacturing sector for permitting increase in production capacity without having to go through entire environmental clearance process again as long as there is no increase in pollution load;
AND WHEREAS, based on the experience in implementation of the EIA notification as amended by aforesaid notification number S.O. 3518(E), dated the 23¢ November, 2016, the Central Government deems it necessary to permit increase in production capacity in respect of processing, production and manufacturing sector with or without any change in raw material-mix or product-mix or change in quantities within products or number of products or any change in configuration of the plant or operations in areas contiguous to the existing area, for which prior environmental clearance has been granted, without the requirement of Prior Environmental Clearance provided that there is no increase in pollution load;
AND WHEREAS, for the purpose of Ethanol Blending Programme with Petrol, a special dispensation was provided for expansion of sugar manufacturing or distillery units, intended for production of Ethanol vide notification number S.O. 345(E), dated the 17" January, 2019 and notification number S.O.
750(E), dated the 7 February, 2020. In view of the Government’s commitment to achieve 20% blending of ethanol in petrol by the year 2025, it has been decided to continue further with this dispensation;
Now, therefore, in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, hereby makes following further amendments in the notification of the Government of India, in the erstwhile Ministry of Environment and Forests, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide number S.0O. 1533 (E), dated the 14"‘September, 2006, namely:- In the said notification, -
1. inparagraph 2, for clauses (ii) and (iii), the following clause shall be substituted, namely:- “(ii) Expansion, modernisation or any change in the product mix or raw material mix in existing projects or activities, listed in the Schedule to this notification, resulting in capacity beyond the threshold limits specified for the concerned sector in the said Schedule, subject to conditions and procedure provided in the sub-paragraph (ii) of paragraph 7;
2. inparagraph 7,- A. in the heading, the words “for Neiww Projects” shall be omitted;
B. in the sub-paragraph (i), the words “For new projects or activities listed in the Schedule to this notification:” shall be inserted as heading to the sub-paragraph;
C. in the sub-paragraph (ii),- (I) in the clause (a), after the words “application shall be appraised accordingly for grant of environmental clearance”, the following words shall be inserted, namely:- “in respect of projects or activities other than falling in clause (b) and (c)”;
(II) for clauses (b) and (c), the following clauses shall be substituted, namely:- ‘(b) Existing projects (having Prior Environmental Clearance) with no increase in pollution load:
Any increase in production capacity in respect of processing or production or manufacturing sectors (Tisted against item numbers 2,3, 4 and 5 in the Schedule to this notification) with or without any change in (i) rav material-mix or (ii) product-mix or (ii) quantities within products or (ii) number of products including new products falling in the same category or (iv) configuration of the plant or process or operations in existing area or in areas contiguous to the existing area (for which prior environmental clearance has been granted) shall be exempt fiom the requirement of Prior Environmental Clearance provided that there is no increase in pollution load (derived on the basis of such Prior Environmental Clearance):
6 THE GAZETTE OF INDIA : EXTRAORDINARY [ParT II—SEC. 3(ii)]
Provided that such exemption shall be applicable only consequent to - A. the project proponent furnishing information regarding such changes along with no increase in pollution load certificate, from the environmental auditor or reputed institutions empanelled by the State Pollution Control Board or Union Territory Pollution Control Committee or Central Pollution Control Board or Ministry of Environment, Forest and Climate Change, as per the procedure laid down in Appendix-XIII, on PARIVESH portal as well as to the concerned State Pollution Control Board or Union Territory Pollution Control Commiittee.
Note: If on verification, the State Pollution Control Board or Union Territory Pollution Control Committee, as the case may be, after giving the project proponent the opportunity of being heard, holds that such change or expansion or modernisation results in increase in pollution load, the exemption claimed under this clause shall not be valid and it shall be deemed that the project proponent was ahvays liable to obtain prior environmental clearance, in respect of such change or expansion or modernisation, as per the clause (a) and the provisions of Environment (Protection) Act, 1986 shall apply accordingly;
B. installation and implementation of Online Continuous Monitoring System (OCMS) with at least 95% uptime, connected to the servers of the Central Pollution Control Board and State Pollution Control Board or Union Territory Pollution Control Committee concerned to report the quantity and quality, of emission and discharges:
Provided further that the provisions of this clause shall not be applicable if such change or increase results in change in category of project or activity from Category-‘B2’ to either Category-‘4’ or Category ‘Bl’.
(c) Any change in configuration of the plant or activity from the environmental clearance conditions during execution of the project after detailed engineering, in respect of projects or activities, falling in any item of the Schedule to this notification, shall not require prior environmental clearance, if there is no change in production capacity and there is no increase in pollution load subject to furnishing particulars of such changes on PARIVESH portal in the format as may be provided by the Government firom time to time, before implementing such changes whereupon a system generated acknowledgement will be issued by the concerned Regulatory Authority.
Explanation:- For the purpose of this sub-paragraph, “Pollution load” shall be determined on the basis of multiplication of quantity and concentration of different components and parameters (as provided or referred in the Prior Environment Clearance or the Environment Impact Assessment Report (EI4) and Environment Management Plan based on which such Prior Environment Clearance has been granted), in respect of emissions, effluents or discharge, solid, industrial hazardous waste and such other parameters notified under the Environment (Protection) Rules, 1986 as amended firom time to time.”
3. inthe Schedule, against item 5(g), after the entry in column (5), the following entry shall be inserted, namely:- “Note: Expansion of sugar manufacturing units or distilleries, having Prior Environment Clearance and for production of ethanol, to be used as fitel for blending only as certified by the competent authority, shall be appraised as Category ‘B2’ projects.”;
4. for Appendix-XIII, the following Appendix shall be substituted, namely:- “Appendix-XIIT Verification of No Increase in Pollution Load The instant amendment in EIA Notification exempts the requirement of Prior Environmental Clearance for any increase in production capacity in respect of processing or production or manufacturing sectors (listed against item numbers 2,3, 4 and 5 in the Schedule to this notification) with orwithout any change in (i) raw material-mix or (ii) product-mix or (ii) quantities within products or (ii) number of products including new products falling in the same category or (iv) configuration of the plant or process or operations in existing area or in areas contiguous to the existing area specified in the environmental clearance of the project.
This facility is available to those units which have obtained prior environmental clearance under EIA Notification, 1994 and EIA Notification, 2006. To claim exemption from obtaining Prior Environment Clearance in respect of such cases, the project proponent shall follow the following process:- [ —=7e 3(ii)] TR 7 T ¢ SR 7 1 Note :
The project proponent is required to obtain a certificate of ‘no increase in the pollution load’ firom the environmental auditors or reputed institutions, to be empanelled by the State Pollution Control Board or Central Pollution Control Board or Ministry of Environment, Forest and Climate Change (hereinafter referred to as the Ministry).
A copy of no increase in pollution load’ certificate and intimation, as provided by the Ministry firom time to time on PARIVESH portal, shall be uploaded by the unit for which system generated acknowledgement shall be issued online;
The unit shall inform the State Pollution Control Board or Union Territory Pollution Control Committee, as the case may be, in specified format along withi ‘no increase in pollution load’ certificate from the Environmental Auditor or reputed institutions empanelled by the State Pollution Control Board or Pollution Control Committee or Central Pollution Control Board or Ministry;
ii. last Consent to Operate certificate for the project or activity; and iii. online system generated acknowledgement of uploading of intimation and ‘no increase in pollution load’ certificate on PARIVESH Portal;
The information so received shall be examined by the State Pollution Control Board or Union Territory Pollution Control Committee, as the case may be, who shall take decision on such information, received from the project proponent.
If on verification the State Pollution Control Board or Union Territory Pollution Control Committee, as the case may be, holds that the change or expansion or modernisation will result or has resulted in increase in pollution load, the exemption claimed under this clause shall not be valid and it shall be deemed that the project proponent was liable to obtain Prior Environmental Clearance before under taking such changes or increase, as per the clause (a) of sub-paragraph
(ii) of paragraph 7 of this notification and the provisions of Environment (Protection) Act, 1986 shall apply accordingly.
Note: For removal of doubts, it is clarified that it shall be the responsibility of the project proponent to satisfy itself about ‘no increase in pollution load’ as a result of changes, expansion or modernisation, as the case may be, before under taking such changes or increase, and the project proponent shall be liable for action under the provisions of the Environment (Protection) Act, 1986 if on verification of facts or claim it is found that such change or expansion or modernisation involves increase in pollution load.”.
[F. No. 22-33/2019-IA.1I1] GEETA MENON, Jt.Secy.
The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide number S.0. 1533 (E), dated the 14™ September, 2006 and was last amended vide the notification number S.0.221(E) , dated the 8% January, 2021.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR 22zsosmss