ANNEXURE-I
ADMINISTRATIVE AND LEGISLATIVE BACKGROUND
The legal framework is covered under several legislations. Brief details of the same are given below:
Legislative Framework
This section provides a brief summary of India's environmental legislation. Ministry of Environment and Forests (MoEF) is the nodal agency for drafting the new environmental legislations and giving the environmental clearance to the new projects. State Pollution Control Boards (SPCB) are responsible for implementing environmental legislation and issuing local Rules, Regulations and Notifications.
Regulatory Control of the Project
The proposed project is covered under the Environmental Impact Assessment (EIA) Notification, 1994 and amendments promulgated under Environment (Protection) Act (EPA), 1986.
The key environmental legislations pertaining to the proposed operations include:
- The Forest (Conservation) Act, 1980;
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment Protection Act, 1986, Rules there under (with amendments);
- Environmental Impact Assessment Notification, 1994;
- The Hazardous Wastes (Management & Handling) Rules 2000; and
- Mines Legislation Pertaining to Environmental Protection.
These key instruments and all subsequent and relevant amendments to them are discussed in further details as below.
TheForest (Conservation) Act, 1980
Specified activities in forest areas are controlled under the Forest (Conservation) Act 1980 and clearances are required for such activities. The diversion of forestland for non-forestry purposes is not encouraged and clearances for such activities are difficult to obtain. Seismic surveys, are however, exempted from the provisions of the Forest Act providing these activities are restricted to clearing of undergrowth and lopping of tree branches and do not involve the felling of trees.
The Water (Prevention and Control of Pollution) Act, 1974
This Act introduced the State Pollution Control Boards to grant Consent For Establishment (CFE) and Consent For Operation (CFO) to the industries. The investor intending to set up an industry is required to apply to the SPCB to obtain a CFE followed by CFO. While granting the consent, SPCB can stipulate conditions pertaining to the effluents arising from the process. The consent to operate is granted for a specific period (usually one year) after which conditions attached are reviewed by the SPCB before renewal.
The Air (Prevention and Control of Pollution) Act, 1981
This Act is very similar in scope to the Water Act, 1974. The Act stipulates the establishment of State Boards for the Prevention and Control of Air Pollution. In States where a water pollution board had already been established under the earlier Water Act, the two boards were combined to form SPCBs. The establishment or operation of any industry cannot be undertaken without the prior consent of the SPCB. A decision on any application for consent must be made by the SPCB within four months of receipt of the application.
- Environment Protection (EP) Act and Rules, 1986
EP Act was enacted to provide for the protection and improvement of environment and for matters connected there with. A decision was taken by India to protect and improve the human environment at the United Nations Conference on Human Environment held at Stockholm in June 1972. It is considered necessary to prevent the hazards to human beings, other living creatures, plants and property.
This Act is an umbrella act and gave birth to many sub acts and rules. The EP Act call for procedural requirements for:
- Obtaining Environmental Clearance; and
- Submission of Environmental Statement.
The main Rules pertinent here are indicated below:
- The Hazardous Waste (Management and Handling) Rules, 1989 (with amendments upto 2000);
- Environmental Impact Assessment Notification; and
- Public Hearing Notification.
- E.I.A Notification, 1994 and Subsequent Amendments
The principal Environmental Regulatory Agency in India is the Ministry of Environment and Forests (MoEF), New Delhi. MoEF formulates environmental policies and accords environmental clearance for the proposed, expansion/modernization of projects.
As per the Notification of the MoEF dated 27.01.94 and its amendment dated 4.05.94, Environmental Clearance (EC) needs to be obtained from the MoEF for 30 different identified activities. The list of identified activities Any expansion or modernization of any activity shall not be undertaken in any part of India unless it is accorded environmental clearance by the central government in accordance with the procedures specified in this Notification. As per the procedure, anybody who desires to undertake any project in any part of India or expansion or modernization of any existing industry, a Detailed Project Report, which shall inter alia include an Environmental Impact Assessment (EIA) report, needs to be submitted.
In addition to the above requirements, the MoEF can notify certain areas as ecologically sensitive/fragile and all developmental projects which are to be located in these notified areas need to obtain EC. Areas so far notified include some coastal areas identified under the Coastal Regulation Zone Notification, forests, wildlife sanctuaries, national parks, wetlands and mangroves.
- The Hazardous Wastes (Management & Handling) Rules 2000
These rules make the occupier and the occupier of a facility responsible for proper collection, reception, treatment, storage and disposal of hazardous wastes listed in schedule-1, 2, and 3.
This rule also recommends to obtain and renew the authorization to collection, reception, treatment, storage and disposal of hazardous wastes from state pollution control board (SPCB) by filing Form-1.
- Mines and Marine Legislation Pertaining to Environmental Protection
The environmental protection provisions covered under different legislation pertaining to petroleum up-stream (exploration, production and transport) are defined in the following subsections:
Mines & Minerals (Regulation & Development)
The Mines & Minerals (Regulation & Development) bill recognizes the need for providing greater stability of tenure to leaseholders. As such, for the first time, a minimum period of lease of 20 years, has been made mandatory. The maximum period for grant of lease has been increased to 30 years. There is a provision of renewal of a mining lease for a period of 20 years. Further renewals are possible with approval of the Central Government. These amendments would be of particular benefit to the captive coal mines in the Power Sector, where a number of projects have been approved, and also to other mines attached to mineral processing industries like steel, cement etc. where an assured supply of raw material is essential.
The period for which prospecting licence can be granted has been increased to three years and these licences can be renewed at the discretion of the State Governments so that the total period does not exceed five years
The bill has deleted 15 minerals hitherto listed in the First Schedule of the Act requiring prior approval of the Central Government before the State Government could grant a prospecting licence or a mining lease. The minerals so deleted are Apatite and phosphatic ores, Barytes, Dolomite, Gypsum, Kyanite, Magnesite, Molybdenum, Nickel, Platinum and other precious metals. Sillimanite, Silver, Sulpher and its ores, Tin, Tungsten and VanadiumOre. With this deletion (excepting the atomic minerals and fuel minerals) there would only be 11 minerals left for which the State Government would require prior approvals of the Central Government. These are Asbestos, Bauxite, Chrome ore, Copper Ore, Gold, Iron ore, Lead, Limestone except where it is used in Kilns for the manufacture of lime as building material, Manganese ore, Precious stones and Zinc.
Prohibition of Mining Operation in Ecologically Fragile Areas
Government of India has identified a number of areas/eco-systems as ecologically fragile areas where mining is not allowed without prior permission from Ministry of Environment and Forests (MoEF), New Delhi, by specifying interalia the details of the area and the proposed process or operation duly supported by an EIA & EMP and such other information as may be required by the Central Government. There are few ecologically sensitive areas where mining has been prohibited either by the court's order or by a MoEF Notification.
- Directorate of Mines Safety
Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of the Central Government (Entry 55 - Union List; Article 246). The objective is regulated by the Mines Act, 1952 and the rules and regulations framed thereunder. These are administered by the Directorate general of Mines Safety (DGMS), under the union Ministry of Labour. Apart from administering the Mines Act and subordinate legislation thereunder, DGMS also administers a few other allied legislation, including the Indian Electricity Act.
The pieces of legislation administered by DGMS are:
- The Mines Act, 1952
- Rules & Regulations framed under the Act,
- Metalliferous Mines Regulations, 1961
- Mines Rules, 1955
- Mines Vocational Training Rules, 1966
- Mines Rescue Rules, 1985
- Mines Crèche Rules, 1966
Applicable Environmental Standards
The MoEF has the overall responsibility to set policy and standards for the protection of environment along with Central Pollution Control Board (CPCB).
Ambient Air Quality Standards
The existing standards for National Ambient Air Quality (NAAQ), as prescribed by CPCB vide Gazette Notification S.O.384 (E) dated 11thApril, 1994, which are applicable for land-based applications for onshore areas. The prescribed standards are presented below in Table-1.
TABLE-1
NATIONAL AMBIENT AIR QUALITY STANDARDS
Pollutant / Time Weighted Average / Concentration in Ambient Air (g/m3)Industrial Area / Residential, Rural & Other Areas / Sensitive Areas
Sulphur dioxide (SO2) / Annual Average* / 80 / 60 / 15
24 Hours** / 120 / 80 / 30
Oxides of Nitrogen (NOx) / Annual Average* / 80 / 60 / 15
24 Hours** / 120 / 80 / 30
Suspended Particulate Matter (SPM) / Annual Average* / 360 / 140 / 70
24 Hours** / 500 / 200 / 100
Respirable Particulate Matter (Size less than 10 microns) / Annual Average* / 120 / 60 / 50
24 Hours** / 150 / 100 / 75
Lead (Pb) / Annual Average* / 1.0 / 0.75 / 0.50
24 Hours** / 1.5 / 1.0 / 0.75
Carbon monoxide (CO) / 8 Hours / 5000 / 2000 / 1000
1 Hour** / 10000 / 4000 / 2000
Ammonia / Annual Average* / 100 / 100 / 100
24 Hours** / 400 / 400 / 400
Note:
*Annual arithmetic mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval.
**24 hourly/8 hourly values should be met 98% of the time in a year. However 2% of the time, it may exceed but not on two consecutive days.
Noise Limits and Guidelines for Diesel Generators
- Noise from DG set shall be controlled by providing an acoustic enclosure or by treating the room acoustically, at the users end;
- The acoustic enclosure or acoustic treatment of the room shall be designed for minimum 25 dB (A) insertion loss or for meeting the ambient noise standards, whichever is on the higher side (if the actual ambient noise is on the higher side, it may not be possible to check the performance of the acoustic enclosure/acoustic treatment. Under such circumstances the performance may be checked for noise reduction upto actual ambient noise level, preferably, in the nighttime). The measurement for Insertion Loss may be done at different points at 0.5 m from the acoustic enclosure/room, and then averaged;
- These limits shall be regulated by the State Pollution Control Boards and the State Pollution Control Committees;
- The manufacturer shall offer to the user a standard acoustic enclosure of 25 dB (A) insertion loss and also a suitable exhaust muffler with insertion loss of 25 dB (A);
- The user shall make efforts to bring down the noise levels due to the DG set, outside his premises, within the ambient noise requirements by proper siting and control measures;
- Installation of a DG set must be strictly in compliance with the recommendations of the DG set manufacturer; and
- A proper routine and preventive maintenance procedure for the DG set should be set and followed in consultation with the DG set manufacturer which would help prevent noise levels of the DG set from deteriorating with use.
Ambient Noise Standards
Ambient standards with respect to noise have been notified by the Ministry of Environment and Forests vide gazette notification dated 26thDecember 1989 (amended in February, 2000). It is based on the ‘A’ weighted equivalent noise level (Leq). The ambient noise standards are presented in Table-2.
TABLE-2
AMBIENT NOISE STANDARDS
Area Code / Category of Area / Noise Levels dB(A) LeqDay time* / Night Time
A / Industrial Area / 75 / 70
B / Commercial Area / 65 / 55
C / Residential Area / 55 / 45
D / Silence Zone** / 50 / 40
Note:
*Daytime is from 7 am to 10 pm.
**Silence zone is defined as area up to 100 meters around premises of hospitals, educational institutions and courts. Use of vehicle horns, loud speakers and bursting of crackers are banned in these zones.
Permissible Standards for Vibrations During Blasting
As per DGMS mines, depending on the type of structure and the dominant excitation frequency, the peak particle velocity (ppv) on the ground adjacent to the structure shall not exceed the values given in the Table-3.
TABLE-3
PERMISSIBLE PPV AT THE FOUNDATION LEVEL
OFSTRUCTURES IN MINING AREAS
Type of structure / Dominant excitation Frequency, Hz<8 Hz / 8-25 Hz / >25 Hz
I. Buildings/structures not belong to the owner
- Domestic houses/structures
- Industrial buildings
- Objects of historical importance & sensitive structures
II. Buildings belonging to owner with limited span of life
- Domestic houses/structures
- Industrial buildings
Noise Standards for Occupational Exposure
Noise standards in the work environment are specified by Occupational Safety and Health Administration (OSHA-USA) which in-turn are being enforced by Government of India through model rules framed under Factories Act. These are given in Table-4.
TABLE-4
STANDARDS FOR OCCUPATIONAL EXPOSURE
Total Time of Exposure per Day in Hours (Continuous or Short term Exposure) / Sound Pressure Level in dB(A)8 / 90
6 / 92
4 / 95
3 / 97
2 / 100
3/2 / 102
1 / 105
¾ / 107
½ / 110
¼ / 115
Never / >115
Note:
1.No exposure in excess of 115 dB(A) is to be permitted.
2.For any period of exposure falling in between any figure and the next higher or lower figure as indicated in column (1), the permissible level is to be determined by extrapolation on a proportionate scale.
Wastewater Discharge Standards
The wastewater discharge standards as per EPA Notification (GSR 176 (E), April 1996) are given in Table-5.
TABLE-1.5
WASTE WATER DISCHARGE STANDARDS
Sr.No. / List of Parameters / Units / Standard
(On land Irrigation) / Standard
(Surface Waters)
1 / Colour and Odour / -- / All efforts should be made to remove colour and unpleasant odour as far as practicable. / All efforts should be made to remove colour and unpleasant odour as far as practicable.
2 / Suspended Solids / mg/l / 200.0 / 100.0
3 / Particle size of Suspended Solids / -- / Shall pass 850 micron IS Sieve / Shall pass 850 micron IS Sieve
4 / pH value / -- / 5.5 to 9.0 / 5.5 to 9.0
5 / Temperature / -- / Not Specified / Shall not exceed 5 oC above the receiving water temperature.
6 / Oil and grease, Max. / mg/l / 10.0 / 10.0
7 / Total residual chlorine, Max. / mg/l / Not Specified / 1.0
8 / Ammonical nitrogen (as N), Max. / mg/l / Not Specified / 50
9 / Total Kjeldhal nitrogen (as N),Max / mg/l / Not Specified / 100
10 / Free ammonia (as NH3), Max. / mg/l / Not Specified / 5
11 / Biochemical oxygen demand (3 days at 27C), Max. / mg/l / 100.0 / 30.0
12 / Chemical oxygen demand, Max. / mg/l / Not Specified / 250
13 / Arsenic (as As), Max. / mg/l / 0.2 / 0.2
14 / Mercury (as Hg), Max. / mg/l / Not Specified / 0.01
15 / Lead (as Pb), Max. / mg/l / Not Specified / 0.1
16 / Cadmium (as Cd), Max. / mg/l / Not Specified / 2.0
17 / Hexavalent chromium (as Cr+6), Max. / mg/l / Not Specified / 0.1
18 / Total chromium (as Cr), Max. / mg/l / Not Specified / 2.0
19 / Copper (as Cu), Max. / mg/l / Not Specified / 3.0
20 / Zinc (as Zn), Max. / mg/l / Not Specified / 5.0
21 / Selenium (as Se), Max. / mg/l / Not Specified / 0.05
22 / Nickel (as Ni), Max. / mg/l / Not Specified / 3.0
23 / Cyanide (as CN), Max. / mg/l / 0.2 / 0.2
24 / Fluorides as F / mg/l / Not Specified / 2.0
25 / Dissolved phosphates (as P),Max / mg/l / Not Specified / 5.0
26 / Sulphides as (S), Max. / mg/l / Not Specified / 2.0
27 / Phenolic compounds (as C2H5OH), / mg/l / Not Specified / 1.0
28 / Radioactive Materials
A] / Alpha Emitters, Max. / µC/ml / 10-7 / 10-7
B] / Beta Emitters, Max. / µC/ml / 10-7 / 10-6
29 / Bio-assay test / -- / 90% survival of fish after 96 hours in 100% effluent. / 90% survival of fish after 96 hours in 100% effluent.
30 / Manganese (as Mn) / mg/l / Not Specified / 2.0
31 / Iron (as Fe) / mg/l / Not Specified / 3.0
32 / Vanadium (as V) / mg/l / Not Specified / 0.2
33 / Nitrate nitrogen / mg/l / Not Specified / 10.0
AI-1