S.O.3194 (E) dated 14/07/2022-Amendment in EIA Notification, 2006

Che Gazette of India EXTRAORDINARY TR &y PUBLISHED BY AUTHORITY No. 3036] NEW DELHI, THURSDAY, JULY 14, 2022/ASHADHA 23, 1944 7% e, 14 o, 2022 T AT, T T TOAT AT AGRATEN T AT T WGAT AT SO ohT T TAT ZEeT F qFraer § ATTITF AT & 4706 GI/2022 1) AT, HHTEAT AT F T H7 HHE Hged T AT o TREAST SF e § Haaaedi § AT TR AT HIHAT W, WO, TAT A AT AT AT A K 7@ g G 97 FrAvteaa TEATSATAL 7 FTATRAT FE ATeT AT GIT T ATATAT Z TET TR TSI F Form 71k qei=efs ST amifaEE 100 At a% wommt fear F form O v At ar-arat F forw 40 oA 60 W Fir ST AT AT T FI FAE FEAT &, A F T3 ST, AN 10, T 3, ITEE (i) § Wi w141, 1744(F) T 11 oier, 2022 grey sferg 7 ¢ At AT A T T, I AT AT F I H ATH A AT AT I FHT TFRE FT T w7 7 = 1.4, 1533(a) AT 14 fe=w, 2006 # Fraffad i o #7dt &, wafq-- T AT AT AT Fo-- AT F e a § A afg T En; ST 1 (i) T TSI I FETE AT AT AT AT TEHI F HTL T ST T FT AWCRFRTT T =T, GO FHIT AT, e wfea 14 frqwae, 2006 FTT WA ¥ T A T THAT AT Hewa FrAT. 2163(3), AT 9 WE, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 14th July, 2022 S.0. 3194(E).—Whereas, the Central Government in the erstwhile Ministry of Environment and Forests, in exercise of its power under sub-section(1) and clause (v) of sub-section (2) of section (3) of the Environment (Protection) Act, 1986 has published the Environment Impact Assessment Notification,2006 (hereinafter referred to as the said Notification, vide number S.O. 1533(E), dated the 14th September, 2006 for mandating prior Environmental Clearance for certain category of Projects; And whereas, as on date, Thermal Power Plants up to 15 MW based on biomass or non-hazardous Municipal Solid Waste using auxiliary fuel such as coal, lignite or petroleum products up to 15% are exempted from the requirement of Environmental Clearance and in view of the activity of using the aforesaid fuel mix being eco-friendly, and in order to encourage such activities, the Central Government deems it necessary to increase the threshold capacity for such Thermal Power Plants for which Environmental Clearance shall not be required; And whereas, taking into account the issues of livelihood security of fishermen involved at fish handling ports and harbours and less pollution potential of these ports and harbours compared to others, and that such exclusive ports cater to the small fishermen whose boats have lesser pollution potential, the Central Government deems it necessary to increase the exemption threshold in terms of fish handling capacity for ports and harbours which exclusively handle fish; And whereas, the Highway projects related to defence and strategic importance in border States are sensitive in nature and in many cases need to be executed on priority keeping in view strategic, defence and security considerations and in this regard, the Central Government deems it necessary to exempt such projects from the requirement of Environmental Clearance in the border areas subject to specified Standard Operating Procedure along with standard environmental safeguards for such projects for self-compliance by the Agency executing such projects; And whereas, it is a fact that toll plaza needs greater width for installation of toll-collection booths to cater to large number of vehicles, which may not be possible if the width is restricted to Right of Way (RoW) and in view of the requirement of substantial width of toll plaza, Highway Expansion projects having length more than 100 km shall attract the provisions of the said notification, related to prior Environmental Clearance even if their RoW is less than the permissible expansion limits of 40 m or 60 m for re-alignment or by-passes, for Highway expansion upto 100 km and in this regard, the Central Govemnment deems it necessary to exempt the width at toll plaza and junction improvement at intersection from being included in RoW; And whereas, most of the expansion activities with regard to existing Airports are related to Terminal Building expansion without increase in existing area of the Airport, rather than expansion of runway etc., and therefore involves only incremental environmental impacts which can be catered by providing for environmental safeguards which can be built into the Environmental Management Plan at the time of grant of such clearances at the local level and in this regard, the Central Government deems it necessary to categorise Airport expansions pertaining to only terminal buildings and allied buildings within the existing Airport premises, in line with schedule 8(a) of the said notification, as the expansion covers the building and construction aspect only; And whereas, a draft notification for making amendments in the Environment Impact Assessment Notification, 2006 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, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section(ii), vide number S.O. 1774(E) dated the 11th April, 2022, inviting objections and suggestions from all the persons likely to be affected thereby, within a period of sixty days from the date on which copies of the Gazette containing the said draft notification were made available to the Public; And whereas, the objections and suggestions received in response to the said draft notification have been duly considered by the Central Government; Now, therefore, in exercise of 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, the Central Government hereby makes the following further amendments in the notification of the Government of India in the erstwhile Ministry of Environment and Forests, number S.0.1533(E) dated the 14th September, 2006, namely:- In the said notification, in the Schedule,- (i) against item 1(d), in column (5), under the heading Note, in para (i), for the figures and letters “15 MW the figures and letters “25 MW shall be substituted (ii) against item 7(a), in column (5), under the heading Note, the existing para shall be numbered as “(i)’thereof and after the para (i) as so numbered, the following shall be inserted, namely:- “(ii) Only expansion of terminal buildings and allied buildings within the existing Airport premises >20,000 shall require Environmental Clearance, and such expansion up to 1,50,000 sqm shall be appraised as per provisions of item 8(a) of the Schedule of this notification provided there is no increase in the existing area of the Airport”; (iii) against item 7(e), in column (4), for the figures and letters “10,000 TPA”, the figures and letters “30,000 TPA”shall be substituted; (iv) against item 7(f), in column (5), under the heading Note, the existing para shall be numbered as “(i)” thereof and after the para (i) as so numbered, the following shall be inserted, namely:- “(ii) All Highway projects are exempted upto 100 km from line of control or border subject to compliance of Standard Operating Procedure notified in this regard from time to time. (iii) Width at toll plaza and junction improvement at intersection of other roads is exempted from Right of Way.” . Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 1533(E), dated the 14th September, 2006 and was last amended vide the notification number S.O. 2163(E), dated the 9th May, 2022. and Published by the Controller of Publications, Delhi-110054. suucxs