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Core Purpose

Draft notification proposing amendments to the Environmental Impact Assessment Notification, S.O. 1533(E) dated 14 September 2006, to revise capacity thresholds for metallurgical industries requiring prior Environmental Clearance and to explicitly include pellet plants in the Schedule.

Detailed Summary

Draft notification S.O. 5020(E) dated 22 November 2023, issued by the Ministry of Environment, Forest and Climate Change under Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act, 1986 (29 of 1986) read with Rule 5(3) of the Environment (Protection) Rules, 1986, proposes amendments to the EIA Notification S.O. 1533(E) dated 14 September 2006 (last amended by S.O. 2226(E) dated 18 May 2023), inviting public objections or suggestions within sixty days addressed to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110003, or by email; the amendments follow a National Green Tribunal order dated 12 February 2020 in Original Application No. 55/2019(WZ) (Gajubha Jesar Jadeja vs Union of India & Ors.) holding that Cold Rolled Stainless Steel Manufacturing Industries require prior Environmental Clearance, and recommendations of an Expert Committee to exempt secondary metallurgical processing industries not involving melting (including rolling/re-rolling) from Environmental Clearance, to revise capacity thresholds for metallurgical industries based on pollution potential, and to explicitly cover pelletization plants; the draft inserts a new Schedule item 2(c) covering all standalone pellet plants irrespective of capacity, and substitutes item 3(a) (Metallurgical Industries, ferrous and non-ferrous) with revised thresholds distinguishing primary metallurgical industry, sponge iron manufacturing above/below 0.06 MTPA, and secondary metallurgical industries handling toxic/heavy metals, melting of non-toxic metals, or heating with pickling, each subject to Category A/B1/B2 thresholds by fuel type, with exemptions for units registered under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, non-hazardous municipal-solid-waste-based units other than power plants, and standalone rolling/re-rolling/extrusion/forging/drawing units not involving melting or pickling.

Full Text

7306 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4811] NEW DELHI, WEDNES DAY , NOVEMBER 22, 2023/ AGRAHAYANA 1, 1945 CG-DL-E-23112023-250229 (क) (1) (2) (3) (4) (5) 1. से < 0.06 > 0.06 से < 0.12 < 0.12 < 0.18 MINISTRY OF ENVIRONMEN T, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 22nd November , 2023 S.O. 5020(E).—Whereas, the Central Government proposes to issue following draft notification in exercise of the powers conferred by sub -section (1), and clause (v) of sub -sectio n (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub -rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the Public; Any person int erested in making any objections or suggestions on the proposal contained in the draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New De lhi-110 003, or send it to the e -mail address at [email protected] and [email protected] . Draft Notification Whereas, the Environment Impact Assessment (EIA) Notification of the Government of India in the erstwhile Ministry of Environment and Forest vide nu mber S.O. 1533 (E), dated the 14th September, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), regarding requirement of prior Environmental Clearance (EC) for the projects covered in its schedule (hereinafter referred to as the said notification); And whereas, the Hon’ble National Green Tribunal vide its order, dated the 12th February, 2020, in Original Application No. 55/2019 (WZ), (Gajubha Jesar Jadeja vs Union of India &Ors.), has inter alia observed that Cold Rolled Stainless Steel Manufacturing Industries require prior environment clearance; And whereas, the Central Government, had taken a considered decision in line with the above said order of the Hon’ble National Green Tribunal, so as to provide a win dow period for such re -rolling or cold rolling units to obtain prior Environmental Clearance; And whereas, the matter was referred to an Expert Committee constituted to deliberate on the activities/process that are covered under item 3(a) to bring further clarity. The committee after due deliberation was of the view that the secondary metallurgical processing industries that do not involve melting, inter -alia including, rolling/ re -rolling, may be exempted from the requirement of EC even though they are co vered under the item 3(a) of the notification number S.O. 1533 (E), dated the 14th September 2006, as their pollution potential is less compared to other metallurgical activities. Further, the Expert Committee also recommended the changes in the threshold levels of the metallurgical industries, based on their pollution potential. In addition to the above, the Expert Committee also recommended that pelletization plants may also be explicitly covered in the schedule of the said notification. And whereas, b ased on the recommendations of the above mentioned committee, the Central Government deems it necessary to make amendments in the notification number S.O. 1533 (E), dated the 14th September, 2006 to incorporate the recommendations of the committee and to b ring in further clarity; Now, therefore, in exercise of powers conferred by sub -section (1) and clause (v) of sub -section (2) of section 3 of the said Environment (Protection) Act, 1986 (29 of 1986), read with clause (d) of sub -rule (3) of rule 5 of the E nvironment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the said notification which shall come into force on the date of its final publication in the Official Gazette, namely: - A. In the Schedule, after item 2(b), the following item shall be inserted, namely: - Project or Activity Category with threshold limit Conditions if any A B 2 Primary Processing 2(c) Pellet plant All standalone pellet plant irrespective of capacity General Condition shall apply B. item 3 and entries relating thereto, the following item and entries shall be substituted namely: - P Project or Activity Category with threshold limit Conditions if any A B (a) (1) (2) (3) (4) (5) 3 Materials Production 3(a) Metallurgical industries (ferrous & nonferrous) a) Primary metallurgical industry -All projects b) Sponge iron manufacturing ≥ 200TPD (>0.06MTPA) c) Secondary metallurgical industry: Toxic and heavy - Sponge iron manufacturing <200TPD (<0.06 (Million Tonnes Per Annum -MTPA) Secondary metallurgical industry: i) Toxic and heavy metals General Condition shall apply. Note: i.Toxic Metals are those define d as per Schedule II of Hazardous and Other Waste (Management and Transboundary Movement) Rules, 2016. ii.The recycling Industrial Units registered under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 are exempted. metals producing units with capacity > 0.02MT PA producing units with capacity < 0.02MTPA ii) Processes involving melting of nonto xic metals Fuel in the furnace Category B2 Category B1 1. Solid/ liquid fuel ≥ 0.03 MTPA to < 0.06 MTPA > 0.06 MTPA 2. Gas fuel/ electricity ≥ 0.06 MTPA to < 0.12 MTPA > 0.12 MTPA iii) Processes involving only heating of nontoxic metals with pickling Fuel in the furnace Category B2 Category B1 1. Solid/ liquid fuel ≥ 0.06 MTPA to < 0.12 MTPA > 0.12 MTPA 2. Gas fuel/ electricity ≥ 0.12 MTPA to < 0.18 MTPA > 0.18 MTPA iii.Plan ts/ Units other than power plants (given against 1(d) of the schedule) based on municipal solid waste (non -hazardous) are exempted. iv.Standalone rolling/ re -rolling / Extrusion / Forging /Drawing units not involving any type of melting and/or pickling a re exempted. [F.No IA-Z-11013/83/2022 -IA-II(IND -I)] DR. SUJIT KUMAR BAJPAYEE , Jt. Secy. Note: The principal notification was published in the Gazette of India, vide number S.O. 1533(E), dated the 14th September, 2006 and was last amended vide the noti fication number S.O. 2226(E), dated the 18th May, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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