environment clearance procedure-india

Kezar A.Shah BE(Civil) NIT-Rourkela, MS(Environment) Leeds University,UK

GM(Environment & CSR)

Wonder Cement Limited, Chittorgarh -Rajasthan

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Checks & Balances - Steps towards

“Environmental Clearance-Industrial Projects “

Environment Clearance- Steps

Pre-Feasibility Report & Form -1 to MOEF/SEIAA

Presentation for TOR to EAC

Baseline Study

Award of TOR

Submit EIA report to SPCB

Notice for Public Hearing

Conduct Public Hearing

MOM of Public Hearing to MOEF

Final EIA report to MOEF

Presentation to Env Assessment Committee

Grant of EC 2

Introduction

• All new or expansion projects listed in EIA -Notifications-2006 requires environmental clearance from Ministry of Environment & Forest.

• Total time for grant of EC is 12 to 18 months.

• Construction work can not be started without EC.

• Only boundary wall of project site can be constructed before grant of EC.

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Category of Industry

Category ‘A’ Industries (Large size)

• EC is granted by Ministry of Environment & Forest (MOEF)

Category ‘B’ Industries (Small Size)

• EC is granted by State Environment Impact Assessment Authority (SEIAA)

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Classification-Category A & B

Industry Category “A” Category “B”

Mining of minerals 50 ha. of mining lease area

<50 ha 1 ha .of mining lease area.

Thermal Power Plants

500 MW < 500 MW

Cement plants

1.0 million tons/annum capacity

<1.0 million tons/annum capacity. ( grinding units)

Metallurgical industries (ferrous & non ferrous)

Primary metallurgical industry

Secondary metallurgical processing industry

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EIA Consultant

• Services of EIA Consultant (registered with MOEF) is mandatory.

• Consultant carry out all work from submission of application upto grant of EC.

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Preparation of Pre-feasibility Report & Form 1

• Report requires broad information of the project (No Details).

• Online submission of PFR & Form 1 to MOEF website.

• Acceptance of form1 by MOEF in 15 days time.

• Hard copies of Form1 is submitted to MOEF.

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TOR Presentation

• MOEF invites project proponent to make presentation to expert appraisal committee for TOR (Terms of Reference of EIA study).

• Committee has 10 to 15 experts on air pollution, water pollution, meteorology, mining, flora-fauna, CSR etc.

• Proponent presents basic information of site, process , waste generation, impact on air, water etc. to committee.

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TOR & Baseline Study

After presentation committee prescribes TOR conditions for 3 months base line data generation and EIA study which includes: • Number of monitoring locations for base line

ambient air, ground water, noise, soil quality etc. • Total environmental impact & mitigation in 10 km

area of project. • Land use, flora-fauna data of 10 km radius area. • Impact on livelihood of land looser of project

affected area.

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Public Hearing

• After collections of 3 months baseline data, EIA report is prepared.

• Report is submitted to Pollution Control Board. • PCB organizes public hearing within 45 days. • Data of EIA study is presented to project affected

community. • Proposals, objections, suggestions of community

is recorded (video) . • Minutes of meeting & video is submitted to

MOEF.

10

Final EIA Report

• Final EIA report with minutes of public hearing is submitted to MOEF.

• MOEF invites project proponent to make presentation to expert committee.

• Committee evaluates EIA report, impacts on environment and community.

• Committee may ask to submit more information and after complete evaluation grants EC or reject the proposal.

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Efficient Planning for EC

METHODOLOGY

(1) Advance action by Project Proponent

(2) Set Target Time for allied Studies

(3) Good Communication with EIA Consultant

(4) Coordination with Statutory Authority

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• Time of EC procedure is reduced if homework is good.

• Advance compilation of data for Form-1, EIA report, public hearing and presentation saves time.

• Data/information can be submitted immediately to the EIA consultant and regulatory authority as and when required.

Advance action by Project Proponent

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Accuracy of information

Accuracy of data in documents avoids submission of clarifications to MOEF & saves time. • Data in the mine plan, EIA & public hearing documents must match.

( Mine reserve, Waste Qty., Greenbelt etc.) • Good communication between PP, EIA consultant & Mine plan

Consultant keeps uniformity of data. (No work in isolation) EXAMPLES :

• Latitude-longitude of lease area - Identical in Form-1, EIA report and lease deed.

• Name of PP - Same in the lease deed, previous EC & proposed expansion title. (Ex: M/s X Minerals Ltd instead of M/s X Minerals Pvt. Ltd.

• Project cost – careful assessment in the feasibility report and no change of amount throughout the EC process.

Advance action by Project Proponent

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Certificates from statutory authority

• Forest Department -Involvement of forest in the project area.

• EC compliance certified by Regional Office-MOEF.(without it –No TOR or Final presentation)

• Project area is /not located in a sensitive zone, like the Aravali Hills, coastal area etc.

Advance action by Project Proponent

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Data for the EIA report Should be available -:

• Coal linkage agreement with supplier.

• CSR history.

• Existing/ proposed Greenbelt

• Manpower/land requirement,

• Process/flow chart, waste generation,

Advance action by Project Proponent

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Back-up database

• On all aspects of EIA study & project should be on hand.

• To satisfy queries during TOR and Appraisal presentation.

• Helps to avoid submission of clarifications if not properly addressed in the MOEF presentation.

Advance action by Project Proponent

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To start following studies simultaneously with baseline environmental monitoring : • Biological study : • Hydrogeological study • Procurement of satellite image • Rehabilitation & Resettlement study • Preparation of mine Plan It Helps in preparation of the EIA report in shortest time. Follow-up with the EIA consultant is necessary to complete allied studies on time.

Target Time for Allied Studies

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Biological study

Early action of study helps in completing the following activities:

• Authentication of map & approval of Wild life conservation plan from Chief Wild Life Warden.

• Approval process takes 2-3 months after assessment by local, district and head office level in the forest department .

Target Time for allied Studies

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Hydro geological study • To start study immediately on submission of

Form-1. • Apply for Permission of abstraction & intersection

of groundwater as soon as study is complete. • Grant of CGWA permission before the appraisal

stage has a positive impact during appraisal meeting.

• Permission is also necessary to get consent to establish.

Target Time for allied Studies

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Land Use pattern

• Start procurement of Satellite imagery from National Remote Sensing Center (NRSC) for land use of area

• Procurement of images takes 1 or 2 months.

• To start procurement immediately after submission of Form-1.

Target Time for allied Studies

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Rehabilitation and Resettlement plan

• When land acquisition is involved.

• R & R issue is major point during TOR & appraisal presentation.

• Hence R & R report & data should be comprehensive to clarify all possible queries of committee .

• Keep additional information if SC or ST community is involved.

Target Time for allied Studies

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Mine Plan

• Preparation of Mine Plan in schedule time.

• Mine plan is required for the preparation of

the EIA report.

• Project is not considered without approved

mine plan for appraisal presentation.

Target Time for allied Studies

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Traffic Impact

• Impact of inward and outward traffic from the proposed project on surrounding highways is assessed.

• To collect data of traffic-carrying capacity of surrounding highways from PWD/CPWD/ NHAI.

Target Time for allied Studies

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• Constant follow-up with the EIA consultant is very crucial for timely completion of each activity.

• To submit project data to the consultant without delays.

• May delay EC procedure if job progress of consultant is not monitored efficiently by the PP.

Coordination with EIA Consultant

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Coordination with Statutory Authority

Coordination and follow-up with statutory authorities. • Pollution control board • MOEF • Forest Department • Mining Department • IBM • CGWA • District Collector Quick actions: Do not wait for official mail from authority. Provide information/ clarifications during visit to authority’s office. Helps to get approvals in the shortest time.

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Validity of Environmental Clearance

EC shall be valid for a period of thirty

years for mining projects and five

years in the case of all other projects.

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Transferability of Environmental Clearance

• May be transferred to another entitled legal person to undertake the project.

• On application to the regulatory authority concerned, on same terms and conditions.

• No reference to the Expert Appraisal Committee is necessary in such cases.

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Guidelines for Location of industry

• To avoid use of Agricultural land/forest land for industrial site as far as possible.

• Minimum - 500 meters from highways and railway line. • 25 km from Major Settlements (3,00,000 population) . • 1/2 km from the high tide line as per CRZ notification. • 200 meters from the estuary boundaries. • 500 meters from flood plain. • Land Size - adequate to provide green belt ,solid waste

etc. • Plant Layout must conform to the landscape of the

surrounding area.

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Conclusion

As we have discussed above with following actions:

Advance action by Project Proponent

Target Time for allied Studies

Communication with EIA Consultant

Coordination with Statutory Authority

We can save time from 5 days to 15 days in each small activities.

Total time of normal EC procedure of 84 weeks can brought to 64

weeks.

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Thank you 31