Environmental Impact Assessment Notification, 1994

1. S.O.60(E) Whereas a notification under clause (a) of sub- rule (3) of rule 5 of the ' Environment (P.rotection) Rules, 1986 inviting objections r from the public within sixty da-ys , from the date of publication ohhe said notification, aga inst the intention of the Central .Government to impose re s t ri ct ion s , and prohibitions on the expansion and modernization of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified in that notification was publ ished as 8.0. No. 80(E) dated 28th January, 1993; And whereas all objections received have been d u ly considered ; Now, therefore, in exercise of th e powers conferred by sub-section (1) and clause (v) of sub -section (2) o f sect ion 3 o f the Environment (Protection) Act , 1986 (2 9 o f 1986 ) read wit h clause (d) of sub-rule (3) of rule 5 of the Environment (Pr ot ecti on ) Rules, 1986, the Central Government here by directs th at on 3 and from the date of publication of this notification in the Official Gazette expansion or modernization of any activity (if pollution load is to exceed the existing one) or a new project listed in Schedule I of this notification shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this notification.

2. Requirements and procedure for seeking environmental clearance of projects: I.(a} Any person who desires to undertake any new project or the expansion or modernisation of any existing industry or project listed in Schedule I shall submit an application to the Secretary. Ministry of Environment and Forests, New Delhi. The application shall be made in the proforma specified in Schedule II of this notification and shall be accompanied by a project report' which shall" inter alia, include an Environmental Impact Assessment Report/Environment Management Plan prepared in accordance with the quldelines issued by the Central Government in the Ministry of Environmerit and Forests from tim'e to time. (b) Cases rejected due to submission of insufficient or inadequate data and plans may be reviewed as and when submitted with complete data and plans. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact Assessment Agency to reject the case summarily. II. In case of the following site specific projects: (b) pit-head thermal power stations: (c) hydro-powe r. major irriga tion projects and/or thel r combin at.o n. 4 including flood control; (d) ports and harbours (excluding minor ports): (e) prospecting and exploration of major minerals in areas above 500 ha .. The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. the said site clearance shall be granted for a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining. III.(a) The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency, and if deemed necessary it may consult a Committee of Experts, having a composition as specified in Schedu'le-III of this Notification. The Impact Assessment Agency (IAA) would be the Union Ministry of Environment and Forests. The Committee of Experts mentioned above shall' beconstituted by the IAA or such other body under the Central Government authorised by the IAA in this regard. (b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the project. (c) The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of docurnents and data, furnished by the project authorities, supplemented by .d a ta coil e cted d uri ng vis its t 0 site S 0 r f a (; t o r I i: S . I I l un de rt a ken, and in tera c tion wit h a f fee ted pop u I a. t ion and 5 environmental groups, if necessary. Summary of the reports, the recommendation and the conditions, subject to which environmental clearance is given, shall be made available subject to the public interest to the concerned parties or environmental groups on request. Comments of the public may be solicited, if so decided by Impact Assessment Agency, within thirty days of receipt of proposal, in public hearings arranged for the purpose after giving thirty days notice of such hearings in at least two newspapers. Public shall be provided access, subject to the public interest, to the summary of the reports/ Environmental Management Plans at the Headquarters of the Impact Assessment Agency. The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing, where required, and decision conveyed within thirty' days tnereafter. The clearance granted shall be valid for a period of five years for commencement of the construction or operation. No construction work, prelim inary or otherwise, relating to the setting up of the project may be undertaken till the environmental and/or site clearance is obtained. IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given. the project authorities concerned shall submit a half-yearly report to the Impact Assessment Agency, Subject to the public interest, the Impact Assessment Agency. shall make compliance reports publicly available, V. If no comments from the Impact Assessment Agency are received within the time limit. the ~Jroiect wculd be deemed to have been approved as oropo scc cy cro.ec: 2utncritl8S, 6

3. Nothing contained in this Notification shall apply to: (a) any item falling under entry nos. 3,18 and 20 of the 8chedule- I to be located or proposed to be located in the areas covered by the Notifications 8.0. NO.1 02(E) dated 1st February. 1989; S.O. 114(E) dated 20th February. 1991 8.0. No. 416(E) dated 20th June, 1991 and 8.0. No. 319(E) dated 7th May. 1992. (b) any item falling under entry Nos. 1,2,3,4,5,7,9,10.12,13,14,16.17.19,21,25 and 27 of Schedule-I if the investment is less than Rs. 50 crores. (e) any item reserved for Small Scale Industrial sector with investments less than Rs. 1 crore.

4. Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis ot.talss , data would also be to be revoked. Misleading and wrong information will cover the following: -- False information. -- False 'data. -- Engineered reports. -- Concsallnq of factual data. -- False recommendations or decisions. ( No. Z-12013/4/89-IA-I) R. RAJAMANI. Secy. 7 SCHEDULE -I (See paras 1 and 2) LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT

1. Nuclear Power and related projects' such as Heavy Water Plants, nuclear fuel complex, rare earths.

2. River Valley projects includinq hydel power, major irrigation and their combination including flood control.

3. Ports, Harbours, Airports (except minor ports and harbours).

4. Petroleum Refineries including crude and product pipelines.

5. Chemical Fertilizers (Nitroqenous and Phosphatic other than sinole superphosphate).

6. Pesticides (Technical).

7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LOPE, HOPE. PP, PVC.

8. Bulk drugs and pharmaceuticals.

9. Exploration for oil and gas and their production, transportation and storage. 8

10. Synthetic Rubber.

11. Asbestos and Asbestos products.

12. Hydrocyanic acid and its derivatives.

13.(a)Primary metallurgical industries (such as production of Iron and Steel, Aluminium,Copper,Zinc, Lead and Ferro Alloys). (b)Electric arc furnaces (Mini Steel Plants).

14. Ch lor-alkali industry.

15. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints.

16. Viscose Staple fibre and filament yarn.

17. Storage oatrerles integrated with manufacture of oxides of 'Iead and lead antimony alloy.

18. All tourism projects between 200m--500 meters of High TiLle Line or at locations with an elevation of more than 1000 meters with investment of more than Rs. 5 crares.

19. Thermal Power plants.

20. Mining projects (major minerals) with leases more than 5 hectares.

21. Highway Projects.

22. Tarred Roads in Himalayas and/or Forest areas.

23. Distilleries.

24. Raw Skins and Hides. 9

25. Pulp, paper and newsprint.

26. Dyes.

27. Cement.

28. Foundries (individual).

29. Electroplating. SCHEDULE -II (See Sub-para I(a) of Para 2) APPLICATION FORM

1. (a) Name and Address of the project proposed: (b) Location of the project: Name of the place: District, Tehsil: Latitude/Longitude: Nearest Airport/Railway Station: (c) Alternate sites examined and the reasons for selecting the proposed site: (d) Does the site conform to stipulated land use as per local land use plan:

2. Objectives of the project:

3. (a) I Land Requirement: Agriculture Land: Forest land and Density of veqetatlon; Other (specify): (b) (i) Land use in the Catchment/within 10 kms. radius of the proposed site: (ii) Topography of the area indicating gradient, aspects and altitude: (iii) Erodability classification of the proposed land; (c) Pollution sources existing in 10 km. radius and their impact on quality of air, water & land: (d) Distance of the nea rest National Park/San ctuary Biosphere 11 Reserve/Monuments/heritage site/Reserve Forest: (e) Rehabilitation plan for quarries/borrow areas: (1) Green belt plan: (g) Compensatory afforestation plan:

4. Climate and Air Quality: (a) Windrose at site; (b) Max./Min./Mean annual temperature (e) Frequency of inversion: (d) Frequency of cyclones/tornadoes/cloud burst: (e) Ambient air quality data: (1) Nature & concentration of emission of SPM,Gas (CO, CO 2 , NO x, CHn etc.) from the project.

5. Water balance: (a)' Water balance at site: (b) Lean season water availability: (e) Source to be tapped with competing users (River,Lake, Ground, Public supply): (d) Water quality: (e) Changes observed in quality and quantity of ground wafer in the last 15 years and present charging and extraction details: (f) (i) Quantum of waste water to be released with treatment details: (ii) Quantum of quality of water in the receivjnq body before and 3.fter disposal of solid waste: (iii) Quantum of waste water to be released on land and type of land: 12 (g) (I) Details of reservoir water quality with necessary Catchment Treatment Plan; (II) Command Area Development Plan;

6. Solid wastes: (a) Nature and quantity of solid wastes generated. (b) Solid waste disposal method: . -. ·7. . Noise and Vibrations: (a) Sources of noise and vibrations; (b) Ambient noise level: (e) Noise and Vibration control measures proposed; (d) Subsidence problem if any with control measures:

8. Power requirement indicating source of supply: Complete environmental details to be furnished separately, if captive power unit proposed:

9. Peak labour force to be deployeQ giving details of: Endemic health problems in the area due to waste water/air/soil borne diseases: '. Health care system existing and proposed : 10 ..(a)Number of village and population to be displaced: (b) Rehabilitation Master Plan:

11. Risk Assessment Report and Disaster Management Plan:

12. (a) Environmental Impact Assessment } Report prepared as per (b) Environment Management Plan : } guidelines of MOEF (c) Detailed Feasibility Report: } issued from time to tirns (d) Duly filled in questionnaire } . . 13

13. Details of Environmental Management Cell: I hereby give an undertaking that the data and information given above are true to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage. the project be rejected and the clearance given. if any. to the project is likely to be revoked at ou r risk and cost. Signature of the, applicant, with name and full address Date: Place: Given under the seal of organisation on behalf of whom the applicant is signing In respect to ltern for which data are not required or is not available as per the declaration of project proponent. the project would be considered on that basis. 14

SCHEDULE III ( See sub-para III(a) of Para 2) COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT I. The Committees will consist of experts in the following disciplines: (I) Eco-System Management (II) Air/Water Pollution Control (III) Water Resource Management (Iv) Flora/Fauna Conservation and Management (v) Land Use Planning (vi) Social Sciences/Rehabilitation (vII) Project Appraisal (vIII) Ecology (Ix) Environmental Health (x) Subject Area Speciaiists. (xl)Representatives of NGOs/Persons Concerned With Environmental Issues. 2. The Chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide 15 managerial experience. 3. The representative of IAA will act as Member - Secretary. 4. Chairman and members will serve in their individual capacities except those specifically nominated as representatives. 5. The membership of a Committee shall not exceed 15. 16 EXPLANATORY NOTE REGARDING THE JMPACT ASSESSMENT NOTIFICATION DATED 27TH JANUARY, 1994 1. Expansion and modernisation of existing projects A project proponent is required to seek environmental clearance for a proposed expansion/modernisation activity if the resultant pollution load is to exceed the existing levels. The words "pollution Load" will in this context cover emissions. liquid effluents and solid or sem i-s olid wastes generated. A project proponent may approach the concerned State Pollution Control Board (SpeS) for certifying whether the proposed modernisation/expansion activity as listed in Schedule-I to the notification is likely to exceed the existing pollution load or not. .If it is certified that no increase is likely to occur in the existing pollution load due to the proposed expansion or modernisation. the project proponent will not be required to seek environmental clearance, but a copy of such certificate issued by the SPC8 will have to be submitted to the Impact Assessment Agency (IAA) for information. The flAA will however, reserve the right tQ review such cases in the public interest if material facts justityinq the need for such review come to light. 2. Availability of Summary Feasibility Report, EIA/EMP Report etc. to concerned parties or groups The project proponent will have to submit an executive summary incorporating in brief the essence of project details and findings of environmental impact assessment study which could be made available to concerned parties or environmental groups on request. 3. Clarification about concerned parties or environmental groups The concerned parties or environmental groups will be the bonafide residents located at or around the project site or 17 sue of displacement or site of alleged adverse environmental Impact. 4. Public Hearing Public hearings could be called for in case of projects Involving large displacement or having severe environmental ramifications 5. Requisite information required for site clearance/project clearance. (a) Site Clearance: Site clearance will be given tor site specific projects as mentioned in para-2(ii) of the notification. Project proponents will be required to furnish informatioin according to the environmental appraisal questionnaires for site clearance. as may be prescribed by the IAA from time to time. Additional information whenever required by the IAA will be communicated immediately to the project proponents who will then be required to furnish the same within the time frame specified. (b) Project clearance: In addition to the application form as mentioned in

Schedule II to the notification project proponents are required I to furnish the following information for environmental appraisal: (i) EIA/EMP report (20 copies); (ii) Risk Analysis report (20 copies): however. such reports if normally not required for a particular category of project. project proponents can state so accordingly. but the IAA's decision in this regard will be final: (ill) NOC from the State Pollution Control Board: 18 (Iv) Commitment regarding availability of water and electricity from the competent authority; (v) Summary of Project report/feasibility report (one copy); (vi) Filled in questionnaire (as prescribed by the IAA from time to time) for environmental appraisal of the project; (vii) Comprehensive rehabilitation plan, if more than 1000 people are likely to be displaced, otherwise a summary plan would be adequate. As a Comprehensive EIA report will normally take at least one year for its preparation, project proponents may furnish Rapid EIA report to the IAA based on one season data (other than monsoon), for examination of fhe project. Comprehensive EtA report may be subrn itted later, if so asked for by the fAA. The requirement of EIA can-be dispensed with by the IAA, in case of project which are unlikely tq cause significant impacts on the environment. In such cases, project proponent will have to furnish full justification for such exemption, for submission of EIA. Where such exemption is granted, project proponents may be asked to furnish such additional information as may be required. 6. Submission of insufficient or inadequate data Regarding cases liable to be rejected due to inadequacy of data. it is clarified that the IAA will make such rejection within 30 days from the date of submission of the proposal. While rejecting a proposal due to insufficient or inadequate data after th e fi rst eva Iua tion. the IAA rr.a y a Iso s tipula te add ition a I requirement of mtormation/cla-Hlcation for impact assessment purposes if deemed essential due to the specific nature of location of the proposed project whose data as prescribed is 19 not availabie. the IAA can examine the project on the basis of availab!e data 7. Application Form (i) In order to remove any hardship to the project proponent in pr ovidmp any informatior., the project proponent may. where some information is not available or would cause inordinate delay, mention this in their application form. The lAA may consider the project proposal based on the information available. (ii) Quality and quantity of ground water If 15 years data on the quantity and quality variation of ground water is not available with the concerned Department or Authorities, the project proponent may mention this accordingly in the application form prescribed in Schedule-II to the. notification. Further, in case of projects, where ground water is not to be used, and effluents are not to be discharged on the land, the requirement of ground water variation data for the previous 15 years will be dispensed with. (iii) A project proponent may write the words "Not Applicable" while filling the application form as mentioned in Schedule-II to the notification in respect of items which are not relevant for the purposes of the proposed project. 8. Exemption for projects already initiated For projects listed in Schedule-l to the notification in respect of which the required land has been acquired and all relevant clearances of the State Government including NOC from the respective State Pollution Control Boards have been obtained before 27th January, 1994, a project proponent will not be required to seek environmental clearance from the IAA. However those units who have not as vet comrnenced or ocucuor < • will inform the IAA 20 - 2 - 50. Air (P & CP) Amend.' Ru Le a (U.'I'). 51. Hazardous Waste Amend. Rules. 52. Environment Audit Rules . • oteJ 'p' and ~C.P' - 'Prevention and Control of Pollution'. Reterencel The above listing 1s adapted l"rom: 'Environmental Audit' (An overview) (page 12) IIY 'h I=t Ill)k J< Q I=t " n v MII n R k R L' , M/s.'MEOIA ENVIRO', t'una. r-------------------- LEGEND ~ I I Ii Bfn9.1l Sm~ NI)tS:IOCt AD 2S Ar lP &.CPI Ru~~ (U.T ~ I 12 BombaY Sm~ Nu:w'ca Ad 2S El'Mronmel'll (ProIllC1IOO) Ad I 13 Pc600 N:.t 3::. Env. PIO\' flultl I 1..\ II'lOlA/\ Boiler Ao. ~\. EM. Prot. Amend. RLhs I 5 IndWI FOItS1 Ad I2.. tM. Prot. Amend. Rules If ~n1t.l MOIOl Vt1'lOe M :no tz..::lories Amend. At:. I 17. BNI Wasle--W'd ~:'ll A.c'< ~. A. (P &CP, Am&nd. Ad I I 6. Mnes l. MnEla!5. ~.ReglJl AJj :l5 Waler (P t. C?l Jl.mend. Acl I S. F.a:::lOlies Ad 1:;0 /..r!p t. CP) Amend. fW1e.s : 1Q Ino!JSlres (Dev. A P.t-911) Ad I 11. NalloMI hxest P::i>::)' j12 Ort>a Rivet PolllJ\on Prevf."l\~ Ad Ii 37. H.araroous Waste (1.1. &. K) R.uIes J.S. kG!aroous Cnemicals (Mig. 5101e. Impon) Rules I I I I ~3 Plevc<1!IOfl oj Fo::;.j AI.M."'aIi:::m Ac:. 35. ~nlraJ MOlor Vehide Amend. I ~0 ~ I' Kiyel Beams ;.,c. Rull:s 1 : AtomiC Er.erlJl' A::.:1 Walel (P CPl Amend. Ad I 1 I Ie f..\aJ\U~hlJaFel,n;ol1re-es ~1 hbh:Liab4nylnsuranceACl I 1 (Ke~u,l A c t ' " Q. F\:;k UaNny Insurance Rules' I 1 17 l~s.eoIO~ A d . O. Peck LldbiAy Insurance~. P.o~ , 1£' 1J.a.'larash:ra PIE'Vfr.J.Cl1 01 :..:. Coastal Emi:onmenl NOIilicalO:1 I I WalEI PollU\IOr: A:::. (S, :l1lflronmen:al CleaJance Nolii:=.a.ton Il~ IhO\l'C".ro~ I,'il!,:! Liie AC. : 1.: Walel (P & CP) Cess Amend. Ad I I Co 1't':lf. (P s:::?l Ao I c. :~orrlar)( ~c::lr:.allcn I 1 2; \'/alel (? (.~P) r.uies ", Publo.:: LLabill\y Insurance 121 Wale. (P t.~PJ Amend. R0as J,:;'.i!n~. Or:!;.iaflCe I ~ waer (P &CP) Cess Ad t.S. Fut,h:; liabib1y Insurance {{ Waler (? t.CP) Cess Rule's . Amend. Rukls Ic. Waler (P t.CPl AlTl£'OO. A:::J 50 Ai (P 1. CP) Amend. Rules (U. T.) I I Co AI' (~t.Cp) Ad 5\ kataJdous WaSle Amend. Rules I 1:: 7 AI' (P t.CP) Ru~ 52 Environment Audit Rules I ~_-------------------J 6 5