- Information Submission & Availability
- Coal Linkage
- Ultra Mega Power Projects (UMPP)
- Violation Of EC/FC/CRZ
- Public Hearing
- Monitoring Existing Plants
- Projects on Same Land
- Corporate Environment Policy
- Permitted Activities Before Issue of EC
- Project Expansion
- Validity Of ToR
- Interlinked Projects
1. Information Submission & Availability
UPLOADING ON WEBSITE:
Tor, Form 1 & Pre Feasibility Report should be uploaded on the MoEF website before being conveyed to the Project Proponent. This is the responsibility of the concerned Director and Member Secretary of the sectoral EAC. That officer should also ensure the EIA, EMP, Public Hearing Minutes, EAC Minutes and EC are uploaded on the MoEF website before EC is conveyed to Project Proponent
Date of Order: August 29, 2013 Link: http://www.MoEF.nic.in/sites/default/files/OM-reg-sTorage-of-files-29.8.13.pdf
SUBMISSION OF ADDITIONAL INFORMATION:
If the EAC asks a Project Proponent to submit any information, it has to be submitted within 6 months of the EAC meeting date. After this period, if the information has not been submitted, the project will be delisted from the list of pending projects. If it has been pending for three - six months from the EAC’s request for information, a reminder can be sent to the Project Proponent to provide it in a month. If the Project Proponent fails to do so, the project should be delisted from the pending projects list.
Date: 30 October 2012 Link:http://MoEF.nic.in/assets/ia-30102012.pdf
SUBMISSION OF SOFT COPIES OF PROJECT DOCUMENTS:
In addition to hard copies, Project Proponent should submit soft copies as PDFs of the following documents to the MoEF/SEIAA:
- Form 1
- Pre Feasibility Report
- Draft ToR
- EIA
- Filled-in Questionnaire for EIA Projects
- Public Hearing Proceedings
- All Study Reports undertaken at the instance of the EACs
- Any Additional Information submitted by Project Proponent to the EAC
This is to facilitate uploading of these documents in the MoEF/ SEIAA websites. Any information submitted without soft and hard copies should be considered incomplete and not processed. Member Secretaries of EAC and the SEIAA should upload these documents along with EAC/ SEAC Site Visit Reports.
Date: March 20, 2012 Link: http://envfor.nic.in/downloads/public-information/order-20032012-a.pdf
PROVIDING CORRECT & ORIGINAL INFORMATION:
The onus of submitting correct data in the EIA rests with the Project Proponent as it is time consuming for the MOEF or the EAC to compare the contents of one EIA with another to check for copied data or information. So, the Project Proponent has to submit an undertaking in the EIA report, owning the contents of the EIA. If it is brought to the notice of the MOEF at any stage that data has been lifted out of other reports in the EIA, the project will be summarily rejected. The Project Proponent should then apply afresh for EC. If the EC has been issued based on a copied EIA Report, it will be cancelled. The procedure for clearance has to be initiated afresh in this case.
Further, the EIA Consultant will be delisted from the list of accredited consultants.
Date: October 5, 2011 Link:http://envfor.nic.in/downloads/public-information/OM_IA_ownershipEIA.pdf
2. Coal Linkage
For Thermal Power Plants dependent on domestic coal from coal baskets of Coal India or Singareni Collieries Company which have the EC/FC, proposal for EC will be considered only when the calorific value, ash and sulphur content of the coal in the basket is mentioned in the EIA/EMP.
Coal linkage is a prerequisite for awarding clearance for a proposed project. A Fuel Supply Agreement or a linkage to a specific mine/ basket of mines/ dedicated coal block, as stipulated by the Standing Linkage Committee of the Ministry of Coal is required. The linkage must provide the ash and sulphur content of the coal, apart from its calorific value. These qualities of coal must be taken into account while preparing the EIA for the project.
Later, if any of these parameters of coal have changed, it has to be referred to the MoEF for revisiting the conditions of the EC and to check for adequacy. These may include additional conditions, including provisions for Flue Gas Desulphurisation for control of Sulphur Oxide emissions.
Date: 19 April 2012 Link: http://envfor.nic.in/downloads/public-information/notif-20042012.pdf
The Coal Linkage is required in the EIA Report and not for issuance of Terms of Reference.
Date: 19 January 2011 Link: http://envfor.nic.in/downloads/public-information/Cir-19-01-2011.pdf
3. Ultra Mega Power Projects (UMPP)
Inviolate areas are those in which certain industrial activities are not permitted. If a coal block linked to an UMPP is not in an inviolate area, then the EC for the UMPP will be considered individually, without being linked to the EC & Stage 1 FC necessary for the coal allocation.
For UMPPs that are using imported coal, the following parameters are a must:
Gross Calorific Value (Kcal/Kg) - 5000 minimum
Ash content - 12% maximum
Sulphur content - 0.8% maximum
The validity of the EC is subject to the adherence to these parameters.
The EIA/EMP for these projects should also include these details:
- Port, Jetty, Railway Line required for imported coal
- Coal handling capacity of port
- Transportation of coal from port to plant
4. Violation Of EC/FC/CRZ
Project Proponent must explore the feasibility of locating the project on non-forest land. If that is not possible, a prior application should be made seeking approval for diversion of forest land and before submitting a Form 1. The EC has to be issued for such projects only after Stage 1 approval for diversion of forest land (under the Forest Conservation Act, 1980) has been obtained.
- If the Project Proponent has carried on construction without a valid CRZ or FC or EC or in violation of conditions therein, the MoEF should order suspension of construction activities at the existing level till the required clearance is obtained or is amended.
- If a Project Proponent is engaged in production beyond the capacity for which CRZ/EC has been issued, then the MoEF should order the proponent to restrict production to the approved capacity till clearance for the expanded amount has been obtained.
- If a plant is operating without a CRZ/EC, then the MoEF should order full stoppage of production till the clearances are obtained.
- Modernisation of a project or changing its product mix should be stopped by the MoEF till the clearances are obtained and status quo prior to such modernisation/change should be maintained.
The MoEF is entrusted the task of issuing these orders, apart from obtaining compliance of the same from the Project Proponent. For any violation of the directions issued above, legal action can be taken by the MoEF against the Project Proponent under the provisions of the EPA 1986, and clearances summarily rejected.
Date of Order: June 27th 2013 Link: http://www.MoEF.nic.in/sites/default/files/om-270613.pdf
OPERATING WITHOUT CLEARANCE:
If complaints are received by the MoEF about a plant operating without required CRZ/EC, the veracity of the complaint will be verified by the Coastal Zone Management Authority, State Government or Regional Offices of the MoEF. In 60 days, the Project Proponent has to take the matter to the Board of Directors (for Companies) or the CEO (for Trusts) and obtain a formal resolution to not repeat the violation. In the meantime, the project will be delisted by the MoEF. The details of the Project Proponent and a copy of the resolution will be uploaded in the MoEF website.
If no response has been received within 60 days, it will be assumed that the Project Proponent is not interested in pursuing the project and the file will be closed. Fresh Procedures need to be initiated if Project Proponent is still interested in the project.
State Governments should initiate credible action for taking legal action on the Project Proponent for the period of violation. It should then provide MoEF evidence of credible action taken.
After action has been taken on violation/s, the usual procedure for obtaining the clearance will be adopted. However, giving ToR or EC for these cases will not be a matter of right for the Project Proponent. If the nature of the violation is serious, the Ministry can reject the proposal outright.
Date: 12 December 2012 Link: http://MoEF.nic.in/assets/om-12122012-b.pdf
5. Public Hearing
PUBLICITY:
Hearings related to different projects cannot be held at the same time on a given day. Sufficient time should be given between the two hearings if they are scheduled on the same day.
The Public Hearing proceedings should mention details of publicity given by the SPCB for the hearing. SPCB should certify that the process followed was adequate.
April 19, 2010 Link: http://envfor.nic.in/divisions/iass/Cir/pub_hear_EIA.pdf
PUBLIC HEARING IN SEZs:
If an SEZ as a whole has had a public hearing, its individual units can be exempt from holding another hearing. But fresh hearing must be conducted for any type of individual unit/ process, not part of the SEZ during the earlier public hearing.
Date: November 1, 2012 Link: http://MoEF.nic.in/assets/ia-01112012.pdf
UPLOADING PH PROCEEDINGS:
All State Pollution Control Boards/ Union Territories Pollution Control Committees should regularly and with due priority display the proceedings of the public hearing in their respective websites.
Date: March 20, 2012 Link: http://envfor.nic.in/downloads/public-information/order-20032012-b.pdf
6. Monitoring Existing Plants
Site visits by the regional office of MoEF to monitor compliance to EC conditions of existing projects, should also check compliance of transparency conditions of the EC. This should be included in their monitoring report.
The transparency condition in EC letters usually includes a condition on uploading compliance status and monitoring data on the website of the proponent. The latest Compliance Report should be uploaded in the MoEF/SEIAA website. All Compliance Reports are public documents.
Date: August 5, 2011 Link: http://envfor.nic.in/downloads/public-information/O.M-dated-05.08.2011.pdf
Existing Thermal Power Plants with a capacity over 500 MW should conduct a continuous monitoring of stack emissions as well as ambient air quality of their plant. Corrective measures as required must be taken to ensure emissions are within permissible limits.
A six monthly monitoring report has to be submitted to the SPCB, Regional Office of the MoEF and uploaded in the Project Proponent company’s website. The ambient air quality data and stack emission data should be displayed in public domain in a common place near the main gate of the company and updated real time.
Date: April 6, 2011 Link: http://envfor.nic.in/downloads/public-information/Addtnl-Con-mega-prjt.pdf
7. Projects on Same Land
If two projects have applied for Environmental Clearance on the same land, both projects will be put on hold, and the respective state government asked to advice on this. The project favoured by the state government will then be taken up for appraisal, and EIA procedure duly followed.
Date: 8 June, 2011 Link: http://envfor.nic.in/downloads/public-information/App-rcvd-prcdr.pdf
8. Corporate Environment Policy
All Central Public Sector Units and TPPS with capacity equal to and over 500 MW should adopt a Corporate Environment Policy to ensure adherence to Forestry/Environmental Clearance conditions. Their Board of Directors should be informed of any violations of the EC and FC conditions that have been found by the Ministry or any public authority and should be announced in the Project Proponent’s website and annual report. For all project proposals, the EAC should deliberate on aspects related to the Corporate Environment Policy, especially about its adherence and comprehensiveness.
Date: 26 April 2011 Link: http://envfor.nic.in/downloads/public-information/corporate-env-res.pdf
9. Permitted Activities Before Issue of EC
Fencing of the site to prevent encroachment.
Construction of temporary sheds for security personnel.
For any other activity, Tor can be suspended or withdrawn and penal action initiated against the Project Proponent under the provisions of the Environment Protection Act, 1986.
Date: 19 August, 2010 Link: http://envfor.nic.in/downloads/public-information/Act-prior-EC.pdf
10. Project Expansion
The proposal for EC for an expansion project will be considered only if the implementation of the previous phase has commenced. If EC has not been issued for the earlier phase, the Project Proponent has to apply afresh clubbing all the phases so that the environmental issues can be assessed holistically.
Date: March 22, 2010 Link: http://envfor.nic.in/divisions/iass/Cir/EXP_EC.pdfWhen a Project Proponent applies for EC for expanding an existing project, a certified report by the Regional Office of the MoEF should be submitted on compliance to EC conditions. Without this document, the application for expansion will not be accepted. This compliance report should be discussed in the EAC meeting for the appraisal of the expansion project, and duly recorded in its minutes.
Date: May 30, 2012 Link: http://MoEF.nic.in/downloads/public-information/eia-300512.pdf
11. Validity Of ToR
The TOR should be issued with a validity period of 2 years for the submission of the EIA/EMP reports. Exemption may be given with an outer limit of three years based on proper justification and approval of the EAC/SEAC.
March 22, 2010 Link: http://envfor.nic.in/divisions/iass/Cir/TOR_EC.pdf
12. Interlinked Projects
Integrated and interlinked projects having multi-sectoral components should prepare a common EIA report, covering each of the components comprehensively, after obtaining ToRs from each sectoral EAC/SEACs. The common EIA report should be considered cumulatively by each of the sectoral EAC/SEACs. Based on their recommendations, the proposals will be processed on individual files for obtaining simultaneous approval of the regulatory authorities.
Date: December 24, 2010 Link: http://envfor.nic.in/downloads/public-information/integrated-interlinked-prjt.pd