S.O.1561(E) dated 21/05/2020-Amendment in EIA Notification, 2006

Che Gazette of India EXTRAORDINARY ST & T PUBLISHED BY AUTHORITY No. 1400] NEW DELHL THURSDAY, MAY 21, 2020/VAISAKHA 31, 1942 gt ¢ e, 21 7E, 2020 AT, 1561(37).—Sfh Fea 1 TEHIT F T (ezrn) Femraett, 1986 & o 5 % arg For e forege et £ wfaae afvet wr aftefo 77 gu aa F e, amrare § arar 2143 GI/2020 ) Tt &) 750-1000 feft 3 fi=r 1 =, 2015 & et () 500-749 et F = 5 39, 2016 Tt TART A PO AIA FOCTSUA, AT H o@ATE 3305 (), Avirm 7 fwEw, 2015 @ FEAT ITHRLOT T qEIAT g0 € A7 AT e Frer afirw Forewr A fasrmmr & www G s T FITAT TAT &; 4 A F STANT T AT Iemasr weamm 27 s & a7 e @ # e T ARATE (AT FAT 21 AT FAT AT T LATE-FAAT (AT T F1AA T TS AT T AEF G A T A T A AT rAfareE FE FIE TTRTERAT I K, AFeE g ety qire # g1 wfraeft A T o7 off wftge v gz & qerg wter & Gy seme £ aww 7 of 3t FIAT AT Ieg, @] FEAT Fwqer gem, R Frer & tor fr A wfveti G sy F e, I S, T, A AT STAT TR AT HATAT ST HATEA, AT FATAT F ASATIAT, i) T, A AT FAAT] TRAAT AT F I A e Ghw § e FH: AT AT A A awaag AT T 77wt w1 aew w7 F o afiafam AT AT T 2 (1) Seorstr wravet * forw s s it w iii. = AreEE I AT wATE-Ter T Afwaw swAn gt w9 F forr wra Afiee Eul Frer #7 & T ¥ g g AT (FAY) G & FAA T AARH FHAT SO0 AT, ST A FETEN [, 13014/01/2020—3m5m-1()] AT =TT elte HATAT. 82(F), ATE 16 wIAL, 1987; ;AT 64(%), A 1992; =m.#T.F. 386 (), AT 22 wwir, 1993; WAL, 422 (), AT 19 75, 1993; arar . 801 (), ATt 31 Rwaw, 1993; amATf. 320 (), AT 16 =T, 1994; fir T MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 21st May, 2020 S.0. 1561(E).—Whereas the Central Government had, in exercise of its powers under Section 3, Section 6 and Section 25 of Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of Environment (Protection) Rules, 1986, published draft rules further to amend sub-rule (8) of rule 3 of Environment (Protection) Rules, 1986, in the Gazette of India, Extraordinary, vide number G.S.R. 02(E), dated the 2™ January, 2014 mandating certain categories of thermal power plants to use coal with ash content restricted to And whereas, the said Notification vide number G.S.R. 02(E) dated the 2*® January, 2014, mandated coal based thermal power plants to use raw or blended or beneficiated coal with ash content not exceeding thirty-four percent (34%), on quarterly basis, by the time lines given below: SL No. |Category of Power Plant Distance of location of Thermal |Time lines Power Plant from pit-head/coal mine (a) |Stand-alone Thermal Power Plants Located in urban areas, or|Witheffect from (any capacity), and ecologically sensitive areas or critically polluted areas, irrespective of distance from pit-head, except pit- head power plants. 2 June, 2014. Captive Thermal Power Plants (with capacity of 100 MW and above) (b) beyond 1000 km With effect from 2 June, 2014. (© between 750-1000 km ‘With effect from 1* January, 2015. (d) between 500-749 km With effect from 5™ June, 2016. And whereas, the Central Government had, in exercise of its powers under sections 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, in the Gazette of India, Extraordinary, vide number S.0. 3305 (E), dated the 7% December, 2015 and G.SR. 593 (E), dated the 28" June, 2018 published the emission standards and specific water consumption for various category of thermal power plants, based on capacity of power generation and date of installation of power plant and to be achieved in time bound manner. And whereas, the Ministry of Environment, Forest and Climate Change directed the Central Pollution Control Board vide F.No.Q-15017/40/2007-CPW dated the 7% December, 2017 to issue Directions under Section 5 of Environment (Protection) Act, 1986, to various Thermal Power Plants to install pollution control equipment as per the revised plan submitted by the Ministry of Power dated the 13™ October, 2017 by 2022. And whereas, the Ministry of Power has, inter alia, represented that with advancement in pollution control technologies, thermal power plants are better equipped to capture fly-ash generated in combustion process and unwashed coal can be used more efficiently and economically; thermal power plants are designed for coal with wide variety of ash content and are equipped with dry ash evacuation, handling and supply systems for ash utilisation; using washed coal makes power generation costlier; fly ash generated in thermal power plants is being used in several beneficial uses like cement manufacturing, brick making, road laying, back-fill material for reclamation of mine voids and low lying areas; requirement of maintaining average ash content to 34% prompts industries to undertake import of coal, resulting in outflow of foreign exchange etc. And Whereas, the Ministry of Coal has, inter alia, represented that the coal mines are constantly striving to improve raw coal in terms of quality, size and extraneous material over the years which has considerably reduced wear and tear of all related equipment, coal washing process involves multiple handling and avoidable road transportation of huge quantities of coal from coal mines to washeries and then to rail sidings for onward transport to power plants; the washing process only divides the coal into washed coal and washery rejects while the ash content of mined coal remains the same; use of low grade coal washery rejects, in the multiple small user industries, generates more pollution etc. And Whereas, the Ministry of Coal and Ministry of Power have, therefore, represented that the mandating power plants to use washed coal requires to be revisited by reconsidering the notification dated the 2™ January, 2014 which will help ease power generation for long distance haulage of coal without adverse impact on the environment. And Whereas, the NITI Aayog, in its report after analysing the issue from the perspective of washeries, Coal mining, transportation and consumption of coal at power plants has, infer alia, summed up that use of washery rejects in nearby industries generates more pollution; since washery rejects are distributed in number of smaller industries, the pollution control at numerous points is more difficult than controlling the pollution at power plant end; Ash generated in the washing process pollutes water along with coal particles and cannot be gainfully utilised; Coal washing process involves increased water use, effluent generation; Disposal of washery rejects has negative environmental impact as it has to handle and dispose huge quantity of low grade coal washery rejects, liquid effluent streams, coal storage, handling coal dust, runoff and fugitive dust; Coal washing also adversely impacts topography, water drainage pattern and quality, water bodies, surrounding air quality at large scale; Washing process increases the cost of power generation with no commensurate environmental advantages etc. And Whereas, NITI Aayog has, therefore, recommended that it may be prudent to determine and enforce the environmental and pollution norms, to be complied with by the power generators, rather than restricting the ash content in coal, based on distance of transportation. And Whereas, the Ministry of Environment, Forest and Climate Change, after deliberating the representations from Ministry of Power, Ministry of Coal, report of NITI Aayog and various stakeholders and after careful considerations & in larger public interest, arrived at the following: @) The extent of ash content in mined coal remains the same. With washeries, the ash content gets divided at two places (washeries and the power plant), whereas if unwashed coal is used in power plant, the ash content is handled at only one place viz. the power plant; (i) Thermal power plants are technologically equipped to address pollution control, ash management as they have high efficiency equipment to capture fly ash, dry ash evacuation and handling systems, ash supply systems for ash utilisation and tall stacks for wider dispersal of flue gases; (iif) The Ministry of Environment, Forest and Climate Change has notified emission norms, mandating respective thermal power plants to adhere to such norms in a time bound manner; And Whereas, it is expedient to adopt best possible framework towards handling of unwashed coal including management of fly ash and other associated environmental aspects arising out of processing of unwashed coal at different stages. And Whereas, the Ministry of Coal has represented that in view of the existing unprecedented COVID-19 pandemic and the resultant immediate requirement of utilization of domestic coal by stimulating coal sector demand for power generation in the country, it is desirable to issue the notification at the earliest. Now, therefore, in exercise of the powers conferred by Section 3, Section 6 and Section 25 of the Environment Protection Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government, after having dispensed with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the said rules, in public interest, hereby makes the following rules to further amend the Environment (Protection) Rules, 1986, namely :- 1. (1) These rules may be called the Environment (Protection) Amendment Rules, 2020 (2) They shall come into force on the date of their publication in the Official Gazette. S In the Environment (Protection) Rules, 1986, in rule 3, for sub-rule (8), the following sub-rule shall be substituted, namely :- “8) Use of coal by Thermal Power Plants, without stipulations as regards ash content or distance, shall be permitted subject to following conditions: [6)) Setting Up Technology Solution for emission norms: @ Compliance of specified emission norms for Particulate Matter, as per extant notifications and instructions of Central Pollution Control Board, issued from time to time. (iD) In case of washeries, Middling and rejects to be utilized in FBC (Fluidised Bed Combustion) technology based thermal power plants. Washery to have linkage for middling and rejects in Fluidised Bed Combustion plants. @) Management of Ash Ponds: (i) The thermal powers plants shall comply with conditions, as notified in the Fly Ash notification issued from time to time, without being entitled to additional capacity of fly ash pond (for existing power generation capacity) on ground of switching from washed coal to unwashed coal. (i) Appropriate Technology solutions shall be applied to optimise water consumption for Ash management; (iii) The segregation of ash may be done at the Electro-Static Precipitator stage, if required, based on site specific conditions, to ensure maximum utilization of fly ash; (iv) Subject to 2(i) above, the thermal power plants to dispose flyash in abandoned or working mines (to be facilitated by mine owner) with environmental safeguards. A3) Transportation: @ Coal transportation may be undertaken by covered Railway wagon (railway wagons covered by tarpaulin or other means) and/or covered conveyer beyond the mine area. However, till such time enabling Rail transport/conveyer infrastructure is not available, road transportation may be undertaken in trucks, covered by tarpaulin or other means. (i) It shall be ensured by the thermal power plant that a. Rail siding facility or conveyor facility is set up at or near the power plant, for transportation by rail or conveyor; and b. If transportation by rail or conveyor facility is not available, ensure that the coal is transported out from the Delivery Point of the respective mine in covered trucks (by tarpaulin or other means), or any mechanized closed trucks by road. (4) This shall also be deemed to be additional conditions of the relevant Environmental Clearances for respective projects for financial year 2020-21 and onwards. The existing Environmental Clearances shall stand modified so as to make the above conditions operative for relevant sectors. The Consent to Operate shall be issued by respective State Pollution Control Boards accordingly.” GEETA MENON, Jt. Secy. Note:-The principal rules were published in the Gazette of India vide number S.O. 844(E), dated the 19th November, 1986 and subsequently amended vide numbers S.O. 82(E), dated 16th February, 16th January, 2020. and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR S