HANDBOOKfor Japanese companies’ investments in …...Approval Committee (GEAC) and be subject to periodic review of the safety and control measures by State Biotechnology Co-ordination

HANDBOOKfor Japanese companies’ investments in Gujarat:

ENVIRONMENTAL REGULATIONS GUIDE

1st Edition

松田綜合法律事務所MATSUDA & PARTNERS

Gujarat Pollution Control Board

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Message

This Handbook is drafted by MATSUDA & PARTNERS (M&P) to help Japanese companies’ understanding of environmental law and regulations applicable to investments in Gujarat and reviewed and commented by Gujarat Pollution Control Board (GPCB) of Government of Gujarat, as per MOU between GPCB and M&P carried out during Vibrant Gujarat 2013. It is our pleasure if this Handbook helps Japanese companies’ deep understanding of system of Gujarat and their smooth communication with Government of Gujarat.

Junichi Matsuda Managing Partner MATSUDA & PARTNERS

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Message

This Handbook is the first and memorable milestone of our collaboration with MATSUDA & PARTNERS (M&P) as per our MOU made during Vibrant Gujarat-2013. We appreciate M&P’s continuous efforts to support both Japanese companies and Government of Gujarat. Environment protection along with the industrial development will lead to sustainable development of the State. To achieve the same, understanding of the prevailing environmental laws and regulation is very crucial.

We believe that this handbook will be proved to be useful tool for Japanese companies who are interested in Gujarat to understand basic concepts of environmental regulations and procedures, to have smooth communication with the Government and to manage their projects in a manner friendly to environment.

We will always welcome your queries and suggestions. We are looking for strengthening our efforts to guide industries for environmental compliance and improve the quality of our services to industries, communities and society as a whole.

Hardik Shah Member Secretary Gujarat Pollution Control Board

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DISCLAIMER: This Handbook is drafted based on general and publicly available information for informational purpose only and do not constitute legal advice by Matsuda & Partners or official opinion by Gujarat Pollution Control Board. We attempt to ensure that the content is current but we do not guarantee its currency. You should review original law, regulations and notifications and seek legal or other advice before acting or relying on any of the content.

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Index

I. Glossary ............................................................................................................................... 5 II. List of Environmental Regulations ...................................................................................... 5

A. Water (Prevention and Control of Pollution) Act, 1974 and Rules, 1975 ..................... 5 B. The Air (Prevention and Control of Pollution) Act, 1981 and Rules, 1982 .................... 5 C. Environmental Protection Act, 1986 (EPA) .................................................................... 5 a. The Environmental Impact Assessment Notification, 2006........................................... 6 b. The Noise Pollution (Regulation and Control) Rules, 2000 ............................................ 6 c. The Hazardous Waste (Management, Handling and Transboundary Movement) Rules 2008 ...................................................................................................................................... 6 d. The Plastic Waste (Management and Handling) Rules, 2011 ........................................ 6 e. The Bio-Medical Waste (Management and Handling) Rules, 1998 as amended ........... 6 f. The Municipal Solid Waste (Management and Handling) Rules, 2000 as amended ...... 6 g. The Batteries (Management & Handling) Rules, 2001 as amended .............................. 7 h. The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 ................ 7 i. The Rules for the Manufacture, Use, Import, Export and storage of Hazardous Micro-Organism Genetically Engineered Organism Cell, 1989........................................................ 7 j. The Ozone Depleting Substance (Regulation and Control) Rules, 2000 ......................... 7 k. Coastal Regulation Zone (CRZ) Notification, 2011 ......................................................... 8 l. Utilization of Fly Ash- Notification of Direction, 1999 .................................................... 8 m. Eco-mark Resolution, 1991 ........................................................................................... 8 D. The Public Liability Insurance Act, 1991 ........................................................................ 8 E. The Environmental Audit Scheme, 1996 ....................................................................... 8

III. Process Flow-diagram for Environmental Permission in Gujarat ....................................... 8 IV. Consent/Clearance from Gujarat Pollution Control Board (GPCB) and Other Applicable Environmental Regulations ....................................................................................................... 8

A. Category of Consent/Clearance from GPCB, etc. .......................................................... 8 B. Environment Clearance (EC) .......................................................................................... 9 C. Consent to Establish (CTE), also known as No Objection Certificate (NOC) ................ 10 D. Consent to Operate, also known as Consolidated Consent and Authorization (CC&A) 11

V. NOTE 1: Local General Development Control Rules also have certain pollution control regulations ............................................................................................................................... 12 VI. NOTE 2: Green, Orange and Red Categories..................................................................... 12

ANNEXURES ........................................................................................................ 13 ANNEX 1A: National Ambient Air Quality Standards Annex 1B: Ambient Air Quality Standards in respect of Noise ANNEX 2: Process Flow-diagram for Environmental Permissions in Gujarat ANNEX 3: List of Projects or Activities Requiring Prior Environmental Clearance ANNEX 4: Industries Exempted from Consent to Establish (CTE) ANNEX 5: Information Check List for CTE and CC&A ANNEX 6: Red, Orange and Green Categories

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I. Glossary Air Act: The Air (Prevention and Control of Pollution) Act, 1981 DMIC: Delhi-Mumbai Industrial Corridor EAC: Expert Appraisal Committee EC: Environmental Clearance GIDB: Gujarat Infrastructure Development Board GIDC: Gujarat Industrial Development Corporation GDCR: General Development Control Regulations GoG: Government of Gujarat GoI: Government of India GPCB: Gujarat Pollution Control Board Handbook: This Handbook for Japanese Companies iNDEXTb: Industrial Extension Bureau MoEF: Ministry of Environment and Forests SIR: Special Investment Region SEAC: State Expert Appraisal Committee SEIAA: State-level Environment Impact Assessment Authority Water Act: Water (Prevention and Control of Pollution) Act, 1974

II. List of Environmental Regulations

A. Water (Prevention and Control of Pollution) Act, 1974 and Rules, 1975 • Who? – A company which is bringing into use any new or altered

outlet for discharge of sewage or trade effluent • What to do? – Apply in Form-D to obtain the consent of GPCB • Please also see CTE and CC&A below. • Different water pollution standards are applicable to different

industries.1

B. The Air (Prevention and Control of Pollution) Act, 1981 and Rules, 1982 • Who? – A company which is establishing or operating any industrial

plant used for any industrial or trade purposes and emitting any air pollution into the atmosphere

• What to do? – Apply in Form I and obtain the consent from GPCB • Please also see CTE and CC&A below. • “National Ambient Air Pollution Standards” are provided under the

rules (see Annex 1A).

C. Environmental Protection Act, 1986 (EPA) • Who? – A company which is required to obtain consent from GPCB

under the Water Act or Air Act, or authorization under EPA • What to do? – Submit environment statement in the prescribed form

by September 30 every year.

1 To understand details of environmental standards, visit http://www.cpcb.nic.in/index.php

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a. The Environmental Impact Assessment Notification, 2006 • Discussed in Environmental Clearance below.

b. The Noise Pollution (Regulation and Control) Rules, 2000 • Rules require noise from equipment/processes shall be

resulted in such a way that ambient noise remains within limit. • The limit is provided as “Ambient Air Quality Standards in

respect of Noise” under the rules (see Annex 1B).

c. The Hazardous Waste (Management, Handling and Transboundary Movement) Rules 2008 • Who? – Every occupier generating hazardous waste and

having a facility for collection, reception, treatment, transport, storage and disposal of such wastes

• What to do? – Apply in Form 1 and obtain the authorization of GPCB. Also, the industry is required to manage the hazardous waste as per the rules.

• Discussed in CC&A below. • Definition of hazardous waste is provided under the rules.

d. The Plastic Waste (Management and Handling) Rules, 2011 • Who? – ONLY a company manufacturing plastic carry bags or

multi-layered plastic pouches or sachets or like • What are banned?

o Manufacture, stock, distribution or sales of any carry bag made of virgin or recycled or compostable plastic which is less than 40 microns in thickness is banned

o Use of plastic materials in sachets for storing, packing or selling gutkha, tobacco and pan masala is banned

e. The Bio-Medical Waste (Management and Handling) Rules, 1998 as amended • Who? – ONLY a company (i) generating bio-medical waste, or

(ii) operating facility for collection, reception, storage, transport, treatment, disposal, etc.

• What to do? – Submit application (Form I) and obtain authorization from GPCB

f. The Municipal Solid Waste (Management and Handling) Rules, 2000 as amended • Rules are mainly applicable to municipalities and local body

and industry is simply required to segregate the wastes

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g. The Batteries (Management & Handling) Rules, 2001 as amended • Who? – A manufacturer, importer, reconditioner, assembler,

dealer, recycler, auctioneer, consumer and bulk consumer involved in manufacture, processing, sale, purchase and use of batteries or components thereof

• What to do? – File half yearly return of sales and buy-back (Form I)

h. The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 • Who? – ONLY a company engaging in manufacture, storage

and import of hazardous chemicals notified under the Rules • What to do?

o Submit report to Central/State Pollution Control Board (prescribed form) concerning possible accidents at the storage site of such chemicals

o Submit report on storage and safety measures for storage of such chemicals (prescribed form) within 3 months prior to storage

o Submit on-site emergency plan related to storage o Submit information regarding import of such

chemicals prior to import

i. The Rules for the Manufacture, Use, Import, Export and storage of Hazardous Micro-Organism Genetically Engineered Organism Cell, 1989 • Who? – ONLY a company (i) manufacturing, importing and

storing micro-organisms and gene-technological products, organisms/micro-organisms and cells generated by the utilization of such other gene-technologies

• What to do? – Obtain approval of Genetic Engineering Approval Committee (GEAC) and be subject to periodic review of the safety and control measures by State Biotechnology Co-ordination Committee (SBCC)

j. The Ozone Depleting Substance (Regulation and Control) Rules, 2000 • Who? – A company engaged in any process or part of a

process for making, altering, finishing, labeling, blending or otherwise treating any Ozone Depleting Substances

• What to do? – Registration with the specified authority

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k. Coastal Regulation Zone (CRZ) Notification, 2011 • Who? – A company having its project located within a

distance of 500 meters from the coastline. • What to do? – Obtain CRZ clearance

l. Utilization of Fly Ash- Notification of Direction, 1999 • Who? – A company conducting building and construction

activity within 50 kilometers of coal or lignite based thermal power plant

• What to do? – Promote utilization of fly ash in the manufacture of building materials and construction activity

m. Eco-mark Resolution, 1991 • APPLICABLE ONLY IF a company wants to obtain eco-mark to

appeal to the public that it is eco-friendly.

D. The Public Liability Insurance Act, 1991 • Who? – ONLY a company associated with production or handling of

notified hazardous chemicals • What to do? - Take out and renew insurance policy and inform District

Collector and GPCB upon accident caused by notified chemicals

E. The Environmental Audit Scheme, 1996 • Who? – ONLY an industry falling in the schedule of the audit scheme • What to do? – to carry out environmental audit as per the scheme. • For further information, jump to www.gpcb.gov.in

III. Process Flow-diagram for Environmental Permission in Gujarat See Annex 2

IV. Consent/Clearance from Gujarat Pollution Control Board (GPCB) and Other Applicable Environmental Regulations2

A. Category of Consent/Clearance from GPCB, etc.

2 Please refer to www.gpcb.gov.in for more details.

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B. Environment Clearance (EC)

i. EC is required ONLY IF a project industry falls under Category A or B in the Schedule of Environment Impact Assessment Notification (Annex 3).3 Be noted that there are types of manufactures that fall under none of these categories and are not required to take EC. For example:

1. EC is generally not required for a. Auto components or assembly4 b. Home electronics c. Textile industry (cotton garment) d. Plastic compound

2. EC is generally required for a. Chemical fertilizer b. Pesticide c. Synthetic organic chemicals (dyes, dyes

intermediate) d. Integrated paint industry

ii. What to do? 1. Category A – “Form 1” (enclosing other materials) shall

be submitted to the central government authority (i.e. Ministry of Environment and Forests, Government of India.)

2. Category B projects – The same shall be submitted to the State-Level Expert Appraisal Committee (i.e. SEAC)

iii. When to apply for EC (if required) – after the identification of prospective site(s) and before commencing any construction work or preparation of land.

3 Under prevailing notification, if an industry is not listed in the Schedule of EIA Notification, the industry will not be required to obtain EC, regardless of the size of the investment. 4 Generally speaking, an auto manufacture will not required to obtain EC even if there is a chemical process (such as aluminum-coating, painting, plastic molding, etc.) within its whole manufacturing process. However, EIA Notification – 2006 shall be checked and you may consult GPCB for the guidance.

Environmental Clearance

if required, before construction

Consent to Establish

before construction

Consent to Operate

before starting opetation

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iv. Procedure

Note 1: A project is categorized “B2” if it is judged through screening (within 60 days) to have only limited environmental impact. Category B2 does not need public consultation process. Note 2: Scoping and public consultation are only for A and B1. Note 3: All projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals are exempted from public consultation process.

C. Consent to Establish (CTE), also known as No Objection Certificate (NOC)

i. In order to establish a project, it is generally required to obtain CTE before establishing a project (i.e. before construction), pursuant to (i) Water (Prevention and Control of Pollution) Act (Water Act), 1974, and (ii) Air (Prevention and Control of Pollution) Act, 1981 (Air Act)

ii. Exception? – exempted if the relevant industry falls under “Small Scale” and 100 small cottage (see Annex 4) industries having no pollution published under the Office Order of GPCB5

5 If the amount of investment is less than 50 Million Rs, it is “Small Scale”.

60 days

•Screening by SEAC: only for Cat. B to further distingish B1 and B2 •Scoping and issuance of Terms of Reference by EAC/SEAC: for Cat. A and B1,

respectively

45 days •Public Consultation carried by GPCB •Applicant to provide Environmental Impact Assessment (EIA) Report

60 days •Appraisal by EAC/SEAC

15 days •EAC/SEAC recommendation to EIA Authority (MOEF/SEIAA)

45 days •Decision of grant/reject by EIA Authority (MOEF/SEIAA)

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iii. What to do? – After obtaining ID and password for specific software from regional office of GPCB, to submit online CTE Application Form to GPCB (visit http://gpcbxgn.gujarat.gov.in). GPCB has introduced HELP DESK to eliminate difficulties in online applications.

iv. When? – Before starting construction. v. What to be examined? – On receipt of online application,

GPCB will inspect the proposed site, examine the relevant project’s location, and plan to control pollution of water and/or air and written instructions regarding requirements of pollution prevention/control measures are given as appropriate. Based on pollution potential and resources consumption, industry is categorized as Red, Orange and Green (see VI below).

vi. How long will it take to obtain? – Theoretically up to 120 days but target is 2 months.

vii. Information check list for CTE as well as CC&A below is attached as Annex 5.

viii. Validity of CTE is for 5 years and it is required to obtain CC&A before the expiry or to extend.

D. Consent to Operate, also known as Consolidated Consent and Authorization (CC&A)

i. To start operation of a project, it is required to obtain CC&A

before the operation pursuant to Water Act, Air Act and the Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules 2008, as amended under Environment Protection Act, 1986 (Hazardous Waste Rules).

ii. Who to apply? – Anyone who want to start operating a project

1. NOTE: There is no exemption. iii. What to do? – To submit (again online through GPCB

website: http://gpcbxgn.gujarat.gov.in) combined forms of (i) “Form D” under Water Act, (ii) “Form I” under Air Act, and (iii) Form 1 under Hazardous Waste Act. Also to submit monthly and annual return/forms.

iv. When? – Before starting operation. v. What to be examined? – GPCB examines the efficacy of

installed pollution control measures, particularly: (i) standard of discharge of waste water, (ii) air emission and (iii) management rules on secured storage and disposal of hazardous waste.

vi. How long will it take to obtain? – Theoretically up to 120 days but target is 2 months.

vii. CC&A shall be renewed every 5 years.

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viii. Information check list for CC&A as well as CTE above is attached as Annex 5.

V. NOTE 1: Local General Development Control Rules also have certain pollution control regulations

VI. NOTE 2: Red, Orange and Green Categories Based on the pollution potential and resources consumption, industry is usually categorized in the three categories: red, orange and green.

• Red: High pollution potential • Orange: Moderate pollution potential • Green: Low pollution potential

List of industries in each category is attached as Annex 6.

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ANNEXURES

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ANNEX 1A: National Ambient Air Quality Standards

15

16

Annex 1B: Ambient Air Quality Standards in respect of Noise The Noise Pollution (Regulation and Control) Rules, 2000

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ANNEX 2: Process Flow-diagram for Environmental Permissions in Gujarat

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ANNEX 3: List of Projects or Activities Requiring Prior Environmental Clearance (Paragraph 2 and 7 of the EIA Notification, 2006, as amended6)

6 This chart follows amendments up to 2009, however, it is recommended that you always refer the website (www.envfor.nic.in) for up-to-date information.

Project or Activity

Category with threshold limit Conditions if any

A

B

1 Mining, extraction of natural resources and power generation (for a specified production

capacity)

1(a) (i)Mining of minerals.

>50 ha of mining lease area in respect of non-coal mine lease. >150 ha of mining lease area in respect of coal mine lease. Asbestos mining irrespective of mining area.

<50 ha >5 ha of mining lease area in respect of non-coal mine lease. <150 ha > 5 ha of mining lease area in respect of coal mine lease.

General Condition shall apply. Note: Mineral prospecting is exempted.

(ii) Slurry pipelines (coal lignite and other ores) passing through national parks / sanctuaries / coral reefs, ecologically sensitive areas.

(ii) All projects.

1(b) Offshore and onshore oil and gas exploration, development & production

All projects

Note: Exploration Surveys (not involving drilling) are exempted provided the concession areas have got previous clearance for physical survey

1(c) River Valley projects

(i) ≥ 50 MW hydroelectric power generation; (ii) ≥ 10,000 ha. ofculturable command area

(i) < 50 MW ≥ 25 MW hydroelectric power generation; (ii) < 10,000 ha. ofculturable command area

General Condition shall apply

1(d) Thermal Power Plants

> 500 MW (coal/lignite/naphtha and gas based); > 50 MW (Pet coke,

“<500MW (coal/lignite/naphtha and gas based); <50 MW >5 MW (Pet

General Condition shall apply. Note: (i) Power plants up to 15

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diesel and all other fuels including refinery residual oil waste except biomass); > 20 MW (based on biomass or non hazardous municipal solid waste as fuel).”;

coke, diesel and all other fuels including refinery residual oil waste except biomass); <20MW > 15MW (based on biomass or non hazardous municipal solid waste as fuel).”;

MW, based on biomass and using auxiliary fuel such as coal/lignite/petroleum products up to 15% are exempt. (ii) Power plants up to 15 MW, based on non-hazardous municipal waste and using auxiliary fuel such as coal/lignite/petroleum products up to 15% are exempt. (iii) Power plants using waste heat boiler without any auxiliary fuel are exempt.

1(e) Nuclear power projects and processing of nuclear fuel

All projects -

2

Primary Processing

2(a) Coal

washeries ≥ 1 million ton/annum throughput of coal

<1million ton/annum throughput of coal

General Condition shall apply (If located within mining area the proposal shall be appraised together with the mining proposal)

2 (b)

Mineral beneficiation

≥ 0.1million ton/annum mineral throughput

< 0.1million ton/annum mineral throughput

General Condition shall apply (Mining proposal with Mineral beneficiation shall be appraised together for grant of clearance)

3

Materials Production

3(a) Metallurgical industries (ferrous & non ferrous)

a)Primary metallurgical industry - All projects b) Sponge iron manufacturing ≥ 200TPD c) Secondary metallurgical processing industry

Sponge iron manufacturing <200TPD Secondary metallurgical processing industry

General condition shall apply. Note: (i) The recycling industrial units registered under the HSM Rules, are exempted. (ii) In case of secondary metallurgical processing industrial units, those

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All toxic and heavy metal producing units ≥20,000 tonnes /annum -

i.)All toxic andheavymetal producing units <20,000 tonnes /annum ii.)All other non –toxic secondary metallurgical processing industries >5000 tonnes/annum

projects involving operation of furnaces only such as induction and electric arc furnace, submerged arc furnace, and cupola with capacity more than 30,000 tonnes per annum (TPA) would require environmental clearance. (iii) Plant/units other than power plants (given against entry no. 1(d) of the schedule), based on municipal solid waste (non-hazardous) are exempted.

3(b) Cement

plants

≥ 1.0 million tonnes/annum production capacity

<1.0 million tonnes/annum production capacity. All Stand alonegrinding units


4

Materials Processing

4(a) Petroleum refining industry

All projects

- -

4(b) Coke oven plants

≥2,50,000 tonnes/annum -

<2,50,000 & ≥25,000 tonnes/annum


4(c ) Asbestos milling and asbestos based products

All projects

- -

4(d) Chlor-alkali industry

≥300TPD production capacityor a unitlocated out side the notified industrial area/ estate

(i) All projects irrespective of the size, if it is located in a Notified Industrial Area/Estate. (ii) < 300 tonnes per day (TPD) and located outside a Notified Industrial Area/Estate.;

General as well as specific conditions shall apply. No new Mercury Cell based plants will be permitted and existing units converting to membrane cell technology are exempt from the notification.;

4(e) Soda ash Industry

All projects

- -

4(f) Leather/ski New projects outside the All new or expansion General as well as

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n/hide processing industry

industrial area or expansion of existing units out side the industrial area

of projects located within a notified industrial area/ estate

specific conditions shall apply.

5

Manufacturing/Fabrication

5(a) Chemical fertilizers

All projects except Single Super Phosphate.

Single super phosphate -

5(b) Pesticides industry and pesticide specific intermediates (excluding formulations)

All units producing technical grade pesticides

- -

5(c) Petro-chemical complexes (industries based on processing of petroleum fractions & natural gas and/or reforming to aromatics)

All projects -

- -

5(d) Manmade fibres manufacturing

Rayon

Others General Condition shall apply

5(e) Petrochemical based processing (processes other than cracking & reformation and not covered under the complexes)

Located out side the notified industrial area/ estate -

Located in a notified industrial area/ estate

General as well as specific conditions shall apply.

5(f) Synthetic organic chemicals industry

Located out side the notified industrial area/ estate

Located in a notified industrial area/ estate

General as well as specific conditions shall apply.

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(dyes & dye intermediates; bulk drugs and intermediates excluding drug formulations; synthetic rubbers; basic organic chemicals, other synthetic organic chemicals and chemical intermediates)

5(g) Distilleries

(i)All Molasses based distilleries (ii) All Cane juice/ non-molasses based distilleries ≥30 KLD

All Cane juice/non-molasses based distilleries – <30 KLD


5(h) Integrated paint industry

-

All projects General Condition shall apply

5(i) Pulp & paper industry excluding manufacturing of paper from waste paper and manufacture of paper from ready pulp with out bleaching

Pulp manufacturing and Pulp& Paper manufacturing industry -

Paper manufacturing industry without pulp manufacturing


5(j) Sugar Industry

-

≥ 5000tcd cane crushing capacity


6

Service Sectors

6(a) Oil & gas transportation pipe line (crude and refinery/ petrochemi

All projects

-

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cal products), passing through national parks / sanctuaries / coral reefs / ecologically sensitive areas including LNG Terminal

6(b) Isolated storage & handling of hazardous chemicals (As per threshold planning quantity indicated in column 3 of schedule 2 & 3 of MSIHC Rules 1989 amended 2000)

- All projects


7

Physical Infrastructure including Environmental Services

7(a) Air ports

All projects including airstrips, which are for commercial use.;

- Note: Air strips, which do not involve bunkering/refueling facility and or Air Traffic Control, are exempted.;

7(b) All ship breaking yards including ship breaking units

All projects

- -

7(c) Industrial estates/ parks/ complexes/ areas, export processing

If at least one industry in the proposed industrial estate falls under the Category A, entire industrial area shall be treated as Category A, irrespective of the area.

Industrial estates housing at least one Category B industry and area <500 ha.

General as well as specific conditions shall apply. Note: 1. Industrial Estate of area below 500 ha. and not housing any

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Zones (EPZs), Special Economic Zones (SEZs), Biotech Parks, Leather Complexes.

Industrial estates with area greater than 500 ha. and housing at least one Category B industry.

Industrial estates of area> 500 ha. and not housing any industry belonging to Category Aor B.

industry of Category ‘A’ or ‘B’ does not require clearance. 2. If the area is less than 500 ha. but contains building and construction projects > 20,000 Sq. mtr. and or development area more than 50 ha it will be treated as activity listed at serial no. 8(a) or 8(b) in the Schedule, as the case may be.;

7(d) Common hazardous waste treatment, storage and disposal facilities (TSDFs)

All integrated facilities having incineration &landfill or incineration alone

All facilities having land fill only


7(e)

Ports, harbours, break waters, dredging.

≥ 5 million TPA of cargo handling capacity (excluding fishing harbours)

< 5 million TPA of cargo handling capacity and/or ports/ harbours≥10,000 TPA of fish handling capacity

General Condition shall apply Note: 1. Capital dredging inside and outside the ports or harbors and channels are included;

2. Maintenance dredging is exempt provided it

formed part of the original proposal for which Environment

Management Plan (EMP) was prepared and

environmental clearance obtained.;

7(f) Highways i) New National High ways; and ii) Expansion of National High ways greater than 30 KM, involving additional right of way greater than 20m involving land acquisition and passing through more than one State.

(i) All New State Highway Projects. (ii) State Highway expansion projects in hilly terrain (above 1,000 m AMSL) and or ecologically sensitive areas.”;

General Condition shall apply. Note: Highways include expressways.;

7(g) Aerial ropeways

(i) All projects located at altitude of 1,000 mtr. and above. (ii) All projects located in

All projects except those covered in column (3).;


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Note: General Condition (GC): Any project or activity specified in Category ‘B’ will be treated as Category ‘A’, if located in whole or in part within 10 km from the boundary of: (i) Protected areas notified under the Wildlife (Protection) Act, 1972; (ii) Critically polluted areas as identified by the Central Pollution Control Board from time to time; (iii) Eco-sensitive areas as notified under section 3 of the Environment (Protection) Act, 1986, such as, MahabaleshwarPanchgani, Matheran, Pachmarhi, Dahanu, Doon Valley, and (iv) inter-State boundaries and international boundaries: Provided that the requirement regarding distance of 10 km of the inter-State boundaries can be reduced or completely done away with by an agreement between the respective States or UTs sharing he common boundary in case the activity does not fall within 10 kilometres of the areas mentioned at item (i), (ii) and (iii) above.”

Specific Condition (SC): If any Industrial Estate/Complex / Export processing Zones /Special Economic Zones/Biotech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre –defined set of activities (not necessarily homogeneous, obtains prior

notified ecologically sensitive areas.;

7(h) Common Effluent Treatment Plants (CETPs)

All projects


7(i) Common Municipal Solid Waste Management Facility (CMSWMF)

All projects General Condition shall apply

8

Building /Construction projects/Area Development projects and Townships

8(a) Building

and Construction projects

≥20000 sq.mtrs and <1,50,000 sq.mtrs. of built-up area#

“The built up area for the purpose of this Notification is defined as “the built up or covered area on all the floors put together including basement(s) and other service areas, which are proposed in the building / construction projects.”

8(b) Townships and Area Development projects.

Covering an area ≥ 50 ha and or built up area ≥1,50,000sq .mtrs

All projects under Item 8(b) shall be appraised as Category B1

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environmental clearance, individual industries including proposed industrial housing within such estates /complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate/complex are complied with (Such estates/complexes must have a clearly identified management with the legal responsibility of ensuring adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex/estate).

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ANNEX 4: Industries Exempted from Consent to Establish (CTE)

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29

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ANNEX 5: Information Check List for CTE and CC&A

• Information of raw water usage (KL/Day) • Information of waste water disposal (KL/Day) • Information of ETP along with flow diagram • Information of air pollution control system • Adequacy certificate from Auditor (Only for CTE) regarding efficacy of

proposed EMS • Name, address and mobile number of owners of industrial unit • Certificate from talati regarding “Distance of nearby Places” (only for CTE) • Authentic documents related to ownership of land (only for CTE) • Map showing place and plan / Lay out of industry • SSI Certificate and investment Certificate of C.A.

(show land, building, plant and machinery details separately) • Treatability / Feasibility study report. (In case of pollution potential Unit) • Notarized undertaking on Rs. 100/- stamppaper regarding “NOT

APPLICABILITY OF WATER ACT, AIR ACT and/or HAZARDOUS WASTE RULEs, whichever is applicable (in prescribed format).

• Form-V under Hazardous waste rules -2003 (in case of accident). • Form-VI & Form-VII (in case of import of

Hazardous waste under Hazardous waste Rules-2003). • Details of manufacturing process with process flow diagram Copy of earlier

issued CTE/CCA grant or rejection order (if issued). • In case of reapply for the CTE/ CCA, submit compliance report of reasons

mentioned in the rejection Order issued by the Board. • In case of renewal of CCA, submit compliance report of conditions given in

CCA order granted by the Board. • Form-4 for Annual report under hazardous waste rules. • Compliance report of remarks / suggestion given by the auditor in the

environment audit report. (3 pages) • Environment statement form-V • Certificate from Central Ground Water Authority

in case of use of ground water (For applicable Taluka only) • Membership certificate of CETP and TSDF (if applicable) Form 12 and 13 ,

Annual report, If applicable • Any other specified details, if asked.

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ANNEX 6: Red, Orange and Green Categories

List of RED category Industry

SI No. List of RED category Industries 1. Airports, and Commercial Air Strips 2. Aluminum smelter 3. Asbestos and asbestos based industries 4. Automobiles Manufacturing (Integrated facilities) 5. Basic Chemicals and electro chemicals and its derivatives including manufacture

of acids 6. Ceramic, Refractories 7. Cement 8. Chlor Alkali 9. Chlorates, perchlorates and peroxides

10. Chlorine, fluorine, bromine, iodine, and their compounds 11. Coal Washeries 12. Copper smelter 13. Coke making, liquefaction, coal tar distillation or fuel gas making 14. Common Treatment and disposal facilities (CETP, TSDE, E-Waste recycling,

CBMWTF, Effluent conveyance project, incinerators, Solvent/Acid recovery plant, MSW sanitary landfill sites, STP)

15. Distillery including Fermentation industry 16. Dyes and Dye-Intermediates 17. Dry coal processing / mineral processing, industries involving ore sintering,

palletisation, grinding, pulvarization 18. Emuision of oil & water 19. Fermentation industry including manufacture of yeast, beer, distillation of

alcohol (ENA) 20. Fertilizer (basic) (excluding formulation) 21. Ferrous and Non ferrous metal extraction involving different furnaces through

melting, refining, reprocessing, casting and alloy making 22. Fibre glass production and processing (Excluding moulding) 23. Fire crackers manufacturing and bulk storage facilities 24. Flakes from rejected PET bottle 25. Fly ash export, transport and disposal facilities 26. Health care establishment (As defined in BMW Rules) 27. Heavy engineering including Ship Building (With investment on Plant &

Machineries more than 10 Crores) 28. Hot mix plants 29. Hotels (3 Star & above) and Hotels having 100 rooms and above 30. Hydrocyanic acid and its derivatives 31. Industrial carbon including electrodes and graphite blocks, activated carbon,

carbon black 32. Industrial estates / parks / complexes / areas / export processing zones / SEZs /

Biotech parks / leather complex 33. Industrial inorganic gases namely: -

a) Chemical gases: Acetylene, hydrogen, chlorine, fluorine, ammonia, sulphur dioxide, ethylene, hydrogen sulphide, phosphine b) Hydrogen gases: Methane, ethane, propane

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34. Industries engaged in recycling / reprocessing / recovery / reuse of Hazardous Waste under schedule IV of Hazardous Waste (M, H&TBM) Rules, 2008 and its amendments

35. Industry or process involving foundry operations 36. Industry or process involving metal surface treatment or process such as

pickling / plating / electroplating / paint stripping / heat treatment / phosphating or finishing and anodising / enamelling / galvanising

37. Iron and Steel (involving processing form ore / integrated steel plants and or Sponge Iron Units

38. Isolated storage of hazardous chemicals (as per schedule of Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989 as amended)

39. Lead acid battery manufacturing (excluding assembling & charging of acid lead battery in micro scale [< 25lakhs]

40. Lime manufacturing (Using Lime Kiln) 41. Manufacturing of Explosives, detonators, fuses including management and

handling activities 42. Manufacturing of Glass 43. Manufacturing of Glue and gelatin 44. Manufacturing of Lubricating oils, greases or petroleum based products 45. Manufacturing of Paints, Varnishes, pigments and intermediate (excluding

blending / mixing) 46. Manufacturing of Starch / Saggo 47. Milk processing and dairy products (integrated project) 48. Mineral stack yards / Railway sidings 49. Mining and ore benification 50. New Highway construction projects 51. Non alcoholic beverage (soft drink) & bottling of alcoholic / non-alcoholic

products (capital investment on plant & machinery > 1 crore) 52. Nuclear Power Plants 53. Oil & Gas extraction including CBM (offshore & onshore extraction through

drilling wells) 54. Oil and gas transportation pipeline 55. Oil Refinery (Mineral Oil or Petro Refineries) 56. Organic chemicals manufacturing 57. Parbolled rice mills (more than 10 TPD) 58. Pesticides (Technical) (excluding formulation) 59. Petrochemicals (Manufacture of and not merely use of as raw material) 60. Pharmaceuticals (excluding formulation) 61. Pulp and Paper (paper manufacturing with or without pulping) 62. Phosphate rock processing plant 63. Phosphorous and its compounds 64. Photographic films and its chemicals 65. Ports & Harbours, Jetties and Dredging Operations 66. Power Generation Plants [Except Wind, Solar and Mini Hydel Power plants of

capacity < 25 MW and DG set of capacity > 5 MVA] 67. Processes involving chlorinated hydrocarbons 68. Railway Locomotive workshops / Integrated Road transport workshop /

Authorised service centres 69. Reprocessing of used oils and waste oils 70. Ship breaking activities

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71. Slaughter houses (As per the notification S.O.270(E) dated 26.03.2001) and meat processing industries, bone mill, processing of animal horns, hoofs and other body parts

72. Steel and steel products using various furnaces like blast furnaces / open health furnace / induction furnace / arc furnace / submerged arc furnace / basic oxygen furnace / hot rolling using reheating furnace

73. Stone crushers 74. Sugar (excluding Khandsari) 75. Surgical and medical products involving prophylactics and latex 76. Synthetic detergents and soaps (excluding formulation) 77. Synthetic fibres including rayon, tyre cord, polyster filament yarn 78. Synthetic resins 79. Synthetic rubber excluding molding 80. Tanneries 81. Thermal Power Plants 82. Tobacco products including cigarettes and tobacco / opium processing 83. Vegetable oils including solvent extraction and refinery / hydrogenated oils 84. Yarn / textile processing involving any effluent / emission – generating process,

bleaching, dyeing, printing and scouring 85. Zinc Smelter

Note 1: Any industry / industrial activity which is not covered in above list having coal fired boiler with steam generation capacity more than 5 T/hr will be covered under Red Category.

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List of Orange Category Industries

Sl No. List of Orange Category Industries 1. Almirah, Grill Manufacturing 2. Aluminium and copper extraction from scrap using oil fired furnace 3. Automobile servicing, repairing and painting (excluding only fuel dispensing) 4. Ayurvedic and Homeopathic medicine 5. Bakery & confectionery units with production capacity > 1tpd 6. Biaxially oriented PP film alongwith metalising operation 7. Brickfields (excluding fly ash brick manufacturing using lime process) 8. Building & construction projects more than 20,000 Sq mtr built up area 9. Cashew nut processing

10. Chanachur and ladoo from puffed and beaten rice (muri and chira) using husk fired oven

11. Chilling plant, cold storage and Ice making 12. Coffee seed processing 13. Coke briquetting (sun drying) 14. Cotton spinning and weaving (medium and large scale) 15. Cutting, sizing and polishing of marble stones 16. Dairy and dairy products (small scale) (capital investment on plant & machinery

< 1 crore) 17. Dal Mills 18. DG Set of capacity > 1 MVA but < 5 MVA) 19. Digital printing on PVC cloth 20. Dismantling of rolling stocks (wagons / coaches) 21. Dry cell battery (excluding manufacturing of electrodes) & assembling &

charging of acid lead battery in micro scale [< 25 lakhs] 22. Emery poweder (fine dust of sand) manufacturing 23. Engineering and fabrication units (With investment of Plant & Machineries < 10

Crores) 24. Excavation of sand from the river bed (excluding manual excavation) 25. Facility of handling, storage and transportation of food grains in bulk 26. Fertiliser (granulation and formulation only) 27. Fish feed, poultry feed and cattle feed 28. Fish processing and packaging (excluding chilling of fish) 29. Foam manufacturing 30. Food & food processing including fruits & vegetable processing 31. Forging of ferrous & non-ferrous metal (using oil or gas boilers) 32. Formulation / palletization of camphor tables, napthalene balls from camphor /

napthalene powders 33. Glass, ceramic, earthen potteries and tile manufacturing using oil or gas fired

kiln, Coating on glasses using cerium fluoride, magnesium fluoride etc. 34. Glue from starch (physical mixing) 35. Gravure printing, digital printing on flex, vinyl 36. Heat treatment using oil fired furnace (excluding cyaniding) 37. Hotels (Less than 3 star) or hotels having 20 rooms or above and less than 100

rooms 38. Ice cream 39. Infrastructure development project 40. Jute processing without dyeing

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41. Liquid floor cleaner, black phenyl, liquid soap, glyserol monostearate manufacturing

42. Manufacture of mirror from sheet glass 43. Manufacturing of iodized salt from crude / raw salt 44. Manufacturing of mosquito repellent coil 45. Manufacturing of tooth powder, toothpaste, talcum powered and other

cosmetic items 46. Mechanized laundry using oil fired boiler 47. Modular wooden furniture from particle board, MDF, swan timber etc, Celling

tiles / partition board from saw dust, wood chips etc. & other agriculture waste using synthetic adhesive resin, wooden box making

48. Packing materials manufacturing from non asbestos fibre, vegetable fibre yarn 49 Paint blending & mixing (Ball mill) 50 Pharmaceutical formulation and for R&D purpose (for sustained

release/extended release of drugs only and not for commercial purpose) 51 Plyboard manufacturing (including vineer & laminate) with oil fired boiler/

thermic fluid heater (without resin plant) 52 Potable alcohol (IMFL) by blending, bottling of alcoholic products (capital

investment on plant & machinery < 1crore 53 Power press 54 Printing ink manufacturing 55 Printing or etching of glass sheet using hydrofluoric acid 56 Producer gas plant using conventional up-drift coal gasification (linked to rolling

mills, glass and ceramic industry, refractories for dedicated fuel supply) 57 Pulverisation of bamboo and scrap wood 58 Repairing of electric motor & generator 59 Reprocessing of waste plastic (excluding PVC) 60 Rice mill less than 10 TPD & rice hullers 61 Rolling Mill (oil or gas fired) and cold Rolling mill 62 Saw mill 63 Seasoning of wood in steam heated chamber 64 Silk screen printing, Saree printing by wooden blocks 65 Spice grinding (> 20 HP motor) 66 Spray painting, paint baking, paint stripping 67 Tamarind powder manufacturing 68 Tea processing 69 Thermocol manufacturing 70 Thermometer making 71 Transformer repairing/manufacturing 72 Tyres and tubes vulcanization/hot retreading 73 Wire drawing & Wire netting

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List of Green Category Industries

SL No. List of Green Category Industries 1 Assembling of Acid lead battery (up to 10 batteries per day excluding lead plate

casting) 2 Aluminium utensils from aluminium circles 3 Assembly of air coolers/conditioners, repairing and servicing 4 Assembly of bicycles, baby carriage and other small non-motorised vehicles 5 Automobile fuel outlet (only dispensing) 6 Ayurvedic and Homeopathic medicine (without boiler) 7 Bailing (hydraulic press) of waste papers 8 Bakery/Confectionery/Sweets production (with production capacity < 1tpd with

oil gas or electrical oven) 9 Bio fertilizer & bio-pesticide without using inorganic chemicals

10 Biomass Briquettes (sun drying) without using toxic or hazardous wastes 11 Biscuit trays etc. from rolled PVC sheet (using automatic vaccum forming

machine) 12 Blending and packing of Tea 13 Blending of melamine resins & different powder, additives by physical mixing 14 Block making for printing without foundry (excluding wooden block making) 15 Brass & Bell metal utensils manufacturing from circle (without re-Rolling

facility) 16 Candy 17 Cardboard or corrugated box and paper products (excluding paper or pulp

manufacturing and without using boiler) 18 Carpentry and wooden furniture manufacturing (excluding saw mill) with the

help of electrical (motorized) machines such as electric wood planner, steel saw cutting circular blade etc.

19 Cement products (without using Asbestos) like pipe, pillar, jafri, well ring, blocks/tiles etc. (should be done under closed covered shed to control fugitive emissions)

20 Ceramic colour manufacturing (not using boiler and wastewater recycling process)

21 Chalk making from plaster of pans 22 Chilling plant and Ice making without use of ammonia 23 Coated electrode manufacturing 24 Compact disc, computer floppy & cassette manufacturing 25 Compressed oxygen gas from crude liquid oxygen 26 CO2 recovery 27 Cotton and woolen hosiery making (SSl & Cottage industries) 28 Cotton spinning & weaving (small scale) 29 Decoration of ceramic cups & plates by electric furnace 30 Diesel Generator sets (15 KVA to 1MVA) 31 Diesel pump repairing & servicing 32 Distilled water 33 Electric lamp (bulb) manufacturing (small scale) 34 Electrical & electronic items assembling 35 Flavoured bettle nut production/grinding 36 Flour mills (dry process) 37 Fly ash bricks/blocks manufacturing

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38 Fountain pen manufacturing 39 Glass ampules & vials making from glass tubes 40 Glass putty and sealant 41 Glass, ceramic, earthen potteries and tile manufacturing using electrical kiln or

not involving fossil fuel kilns 42 Gold and Silver smithy (purification with acid, smelting operation and sulfuric

acid polishing operation)(using less than or equal to 1 litre of Sulphuric Acid/Nitric Acid per month)

43 Groundnut decorticating (dry) 44 Handloom/ Carpet weaving (without dyeing and bleaching operation) 45 Hotels (up to 20 rooms) 46 Insulation and other coated papers (excluding paper or pulp manufacturing)

manufacturing 47 Jobbing and machining 48 Leather cutting and stitching (more than 10 machines and using motor) 49 Leather footwear and leather products (excluding tanning and hide

processing)(except cottage scale) 50 Lubricating oils, greases or petroleum based products (only blending at normal

temperature) 51 Manufacturing of coir items from coconut husk 52 Manufacturing of metal caps containers etc. 53 Manufacturing of optical lenses (using electrical furnace) 54 Manufacturing of pasted veneers without using boiler or Thermic Fluid Heater

or by sundrying 55 Manufacturing of shoe brush & wire brush 56 Manufacturing of silica gel (without furnace) 57 Medical oxygen 58 Mineralized water 59 Oil mill ghani & extraction (no hydrogenation/refining) 60 Organic and inorganic nutrients (by physical mixing) 61 Organic manure (manual mixing) 62 Paints and varnishes (mixing and blending)(without ball mill) 63 Packing of powdered milk 64 Paper pins and U-clips 65 Phenyl/Toilet cleaner formulation & Bottling 66 Reel manufacturing 67 Polythene & plastic processed products manufacturing (virgin plastics) 68 Poultry hatchery Piggery 69 Power looms (without dyeing and bleaching) 70 Printing press 71 Puffed rice (muri) (using oil, gas or electrical heating system) 72 Ready mix cement concrete 73 Reprocessing of waste cotton 74 Rope (Cotton & Plastic) 75 Rubber goods industry (with baby boiler only) 76 Scientific and mathematical instruments manufacturing 77 Soap manufacturing (Handmade without steam boiling) 78 Solar module (Non conventional energy apparatus) manufacturing unit 79 Solar power generation through solar photovoltic cell, wind power & mini hydel

power (< 25MW)

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80 Spice grinding (< 20 HP motor) 81 Steel furniture without spray painting 82 Steeping and processing of grains 83 Surgical and medical products not involving effluent/emission generating

processes 84 Synthetic detergent formulation 85 Teflon based products 86 Tyres and tubes retreading (without boiler)

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CONTACT: Should you have any queries on the content of this Handbook, please feel free to contact any of the following persons.

• MATSUDA & PARTNERS Address: Asahi Seimei Otemachi Bldg 7F, 2-6-1 Otemachi, Chiyoda-ku, Tokyo 100-0004, JAPAN Tel: +81-3-3272-0101 / Fax: +81-3-3272-0102 Website: http://www.jmatsuda-law.com India Practice Group Person in charge: Tatsuhiro Kubo Mail: [email protected],

Indian mobile: +918800399498

• GUJARAT POLLUTION CONTROL BOARD Address: Paryavaran Bhavan, Sector 10-A, Gandhinagar 382010, Gujarat, India Tel: +91 79–23232152 Website: http://www.gpcb.gov.in http://gpcbxgn.gujarat.gov.in

------------------------------------------------------------------------------------------------------ HISTORY: August 15, 2013: Publication of 1st Edition (English version) November 15, 2013: 1st Edition Reviced version (English version) 1st Edition (Japanese version) *To download the latest version, please visit our website.

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