Ash Utilisation (Amendment) Notification, 2024

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 05] NEW DELHI, MONDAY, JANUARY 1, 2024/PAUSHA 11, 1945 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 1st January, 2024 S.O. 05(E).—Whereas, the Central Government in exercise of the 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) read with clause (d) of sub-rule (3) of rule (5) of the Environment (Protection) Rules, 1986, issued a notification published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O.5481(E), dated the 31 st December, 2021; AND WHEREAS, requests have been received from Ministry of Power and other stakeholders regarding implementation of provisions of the said notification; AND WHEREAS, it is expedient to amend certain provisions of the said notification to promote use of ash for eco-friendly purposes, including use of ash in ash-based products manufactured by micro and small enterprises engaged in ash-based product manufacturing; NOW, THEREFORE, in exercise of the 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) read with of sub-rule (1), (2) and (4) of rule (5) of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the ash utilisation notification, namely:- In the ash utilisation notification,- (1) In paragraph B,- (i) in sub-paragraph (1), for both the provisos, the following proviso shall be substituted, namely: - “Provided that the coal or lignite based thermal power plant has given a notice to such agencies for making available ash to such agencies for which cost of ash and transportation shall be borne by the coal or lignite based thermal power plant.” (ii) in sub-paragraph (8), the following shall be substituted, namely: “All building construction projects (Central, State and Local authorities, Govt. undertakings, other Govt. agencies and all private agencies) located within a radius of 300 kms from a coal or lignite based thermal power plant shall use ash bricks, tiles, sintered ash aggregate or other ash based products, provided these are made available at prices not more than the price mentioned in the Schedule of Rates as specified by the Central Public Works Department (CPWD) or Public Works Department (PWD) of the State concerned or price of alternative products, if not mentioned in the Schedule of Rates. That the Central Public Works Department and Public Works Department of the State concerned shall publish the Schedule of Rates specified within six months from the 1 st January, 2024.” (iii) after sub-paragraph (9), the following sub-paragraph shall be inserted, namely: “(10) All local authorities shall make provisions in their respective building bye-laws and other relevant regulations for the use of ash and ash-based products, such as bricks, blocks, tiles, sintered or cold bonded ash aggregates, fibre cement sheets, pipes, boards, panels in construction of buildings, roads, embankments or for any other related construction activity.” (2) In paragraph D,- (i) for paragraph (1), the following shall be substituted, namely: “(1) The owner of thermal power plants shall give a written notice to persons or agencies who are required to utilise ash under sub-paragraph (1) & (3) of paragraph B for offering the supply of ash free of cost and bearing cost of transportation, with a copy to concerned State Pollution Control Board. (1A) The manufacturers of ash bricks or tiles or sintered ash aggregate or other ash-based products shall give a written notice to persons or agencies who are required to utilise ash-based products under sub-paragraph (8) of paragraph B for offering for sale of such products with a copy to concerned State Pollution Control Board.” (ii) after sub-paragraph (3), the following sub-paragraphs shall be inserted, namely: “(4) The coal or lignite based thermal power plants, while utilising ash under this notification shall reserve certain percentage of ash for supply to all micro and small enterprises engaged in ash-based product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fibre cement sheets, pipes, boards, panels for sale at concessional price or through limited auction in accordance with the guidelines issued by the Central Government in the Ministry of Power.” NARESH PAL GANGWAR, Addl. Secy. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O.5481 (E), dated the 31 st December, 2021 and last amended, vide number S.O. 6169 (E) dated the 30 th December, 2022. and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA