EIA Notification

Annex I

MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 27th January, 1994

(As amended on 04/05/1994, 10/04/1997, 27/1/2000 and 13/12/2000)

1. S.O. 60 (E) Whereas a notification under clause (a) of sub-rule (3) of rule 5 of the
Environment (Protection) Rules, 1986 inviting objections from the public within sixty days
from the date of publication of the said notification, against the intention of the Central
Government to impose restrictions and prohibitions on the expansion and modernization of
any activity or new projects being undertaken in any part of India unless environmental
clearance has been accorded by the Central Government or the State Government in
accordance with the procedure specified in that notification was published as SO No. 80(E)
dated 28th January, 1993;

And whereas all objections received have been duly considered;

Now, therefore, 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 (29 of 1986) read with
clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central
Government hereby directs that on and from the date of publication of this notification in the
Official Gazette, expansion or modernization of any activity (if pollution load is to exceed
the existing one, or new project listed in Schedule I to this notification, shall not be
undertaken in any part of India unless it has been accorded environmental clearance by the
Central Government in accordance with the procedure hereinafter specified in this
notification;

2. Requirements and procedure for seeking environmental clearance of projects:

I(a) Any person who desires to undertake any new project in any part of India or the
expansion or modernization of any existing industry or project listed in the Schedule-I
shall submit an application to the Secretary, Ministry of Environment and Forests, New
Delhi.

The application shall be made in the proforma specified in Schedule-II of this notification
and shall be accompanied by a project report which shall, inter alia, include an
Environmental Impact Assessment Report, an ** Environment Management Plan and
details of public hearing as specified in Schedule-IV** prepared in accordance with the
guidelines issued by the Central Government in the Ministry of Environment and Forests
from time to time.

(b) Cases rejected due to submission of insufficient or inadequate data and *Plans may be
reviewed as and when submitted with complete data and *Plans. Submission of
incomplete data or plans for the second time would itself be a sufficient reason for the
Impact assessment Agency to reject the case summarily.

II In case of the following site specific projects:

a) mining;
b) pit-head thermal power stations;
c) hydro-power, major irrigation projects and/or their combination including flood
control;
d) ports and harbours (excluding minor ports);
e) *prospecting and exploration of major minerals in areas above 500 hectares; *

The project authorities will intimate the location of the project site to the Central
Government in the Ministry of Environment and Forests while initiating any
investigation and surveys. The Central Government in the Ministry of Environment
and Forests will convey a decision regarding suitability or otherwise of the
proposed site within a maximum period of thirty days. *The said site clearance
shall be granted for a sanctioned capacity and shall be valid for a period of five
years for commencing the construction, operation or mining. *

III The reports submitted with the application shall be evaluated and assessed by the
Impact Assessment Agency, *and if deemed necessary it may consult* a
committee of Experts, having a composition as specified in Schedule-III of this
Notification. The Impact Assessment Agency (IAA) would be the Union Ministry
 of Environment and Forests. The Committee of Experts mentioned above shall be
constituted by the Impact Assessment Agency or such other body under the Central
Government authorised by the Impact Assessment Agency in this regard.

(b) The said Committee of Experts shall have full right of entry and inspection
of the site or, as the case may be, factory premises at any time prior to,
during or after the commencement of the operations relating to the project.

**(c) The Impact Assessment Agency shall prepare a set of recommendations

based on technical assessment of documents and data, furnished by the
project authorities, supplemented by data collected during visits to sites or
factories if undertaken, and details of public hearing.

The assessment shall be completed within a period of ninety days from receipt of the
requisite documents and data from the project authorities and completion of public
hearing and decision conveyed within thirty days thereafter.

The clearance granted shall be valid for a period of five years for commencement of the
construction or operation of the project. **

*III A.* No construction work, preliminary or otherwise, relating to the setting up of the
project may be undertaken till the environmental and site clearance is obtained.

IV. In order to enable the Impact Assessment Agency to monitor effectively the
implementation of the recommendations and conditions subject to which the
environmental clearance has been given, the project authorities concerned shall submit a
half yearly report to the *Impact Assessment Agency. Subject to the public interest, *
the Impact Assessment Agency shall make compliance reports publicly available.

V. If no comments from the Impact Assessment Agency are received within the time limit,
the project would be deemed to have been approved as proposed by project authorities.

3. Nothing contained in this Notification shall apply to:

 (a) any item falling under entry Nos. 3, 18 and 20 of the Schedule-I to be located or
proposed to be located in the areas covered by the Notifications S.O. No.102 (E)
dated 1st February, 1989, S.O. 114 (E) dated 20th February, 1991; *S.O. No. 416
(E) dated 20th June, 1991* and S.O. No.319 (E) dated 7th May, 1992.

(b) any item falling under entry Nos.1,2,3,4,5,9,10,13, 16,17,19,*21*,25 and 27 of

Schedule-I if the investment is less than Rs.50 crores.
(c) any item reserved for Small Scale Industrial Sector with investment less than Rs. 1
crore.
(d) defence related road construction projects in border areas.

4. Concealing factual data or submission of false, misleading data/reports, decisions or

recommendations would lead to the project being rejected. Approval, if granted earlier on
the basis of false data, would also be revoked. Misleading and wrong information will
cover the following:

 False information

 False data

 Engineered reports

 Concealing of factual data

 False recommendations or decisions

 [No.Z-12013/4/89-IA-I]

SCHEDULE-I

(See paras 1 and 2)

LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE

CENTRAL GOVERNMENT

1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex,
Rare Earths.
2. River Valley projects including hydel power, major Irrigation and their combination
including flood control.
3. Ports, Harbours, Airports (except minor ports and harbours).
4. Petroleum Refineries including crude and product pipelines.
5. Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate).
6. Pesticides (Technical).
7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates
such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LLDPE,
HDPE, PP, PVC.
8. Bulk drugs and pharmaceuticals.
9. Exploration for oil and gas and their production, transportation and storage.
10.Synthetic Rubber.
11.Asbestos and Asbestos products.
12.Hydrocyanic acid and its derivatives.
13. (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium,
Copper, Zinc, Lead and Ferro Alloys).

(b) Electric arc furnaces (Mini Steel Plants).

14.Chlor alkali industry.

15.Integrated paint complex including manufacture of resins and basic raw materials
required in the manufacture of paints.
16.Viscose Staple fibre and filament yarn.
17.Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys.
18.All tourism projects between 200m00 metres of High Water Line and at locations with an
elevation of more than 1000 metres with investment of more than Rs.5 crores.
19.Thermal Power Plants.
20.Mining projects *(major minerals)* with leases more than 5 hectares.
 21.Highway Projects **except projects relating to improvement work including widening
and strengthening of roads with marginal land acquisition along the existing alignments
provided it does not pass through ecologically sensitive areas such as National Parks,
Sanctuaries, Tiger Reserves, Reserve Forests**
22.Tarred Roads in the Himalayas and or Forest areas.
23.Distilleries.
24.Raw Skins and Hides
25.Pulp, paper and newsprint.
26.Dyes.
27.Cement.
28.Foundries (individual)
29.Electroplating
30.Meta amino phenol

SCHEDULE-II

[See Sub-para I (a) of para 2]

APPLICATION FORM

1. (a) Name and Address of the project proposed:

(b) Location of the project:

1. Name of the Place:
2. District, Tehsil:
3. Latitude/Longitude:
4. Nearest Airport/Railway Station:
(c) Alternate sites examined and the reasons for selecting the proposed site:
(d) Does the site conform to stipulated land use as per local land use plan:

2. Objectives of the project:

3. (a) Land Requirement:

Agriculture Land:
 Forest land and Density of vegetation.

Other (specify):

(b) (i) Land use in the Catchment within 10 kms radius of theproposed site:

(ii) Topography of the area indicating gradient, aspects and altitude:

(iii) Erodibility classification of the proposed land:

(c) Pollution sources existing in 10 km radius and their impact on quality of air, water and land:

(d) Distance of the nearest National Park/Sanctuary/Biosphere Reserve/Monuments/heritage

site/Reserve Forest:

(e) Rehabilitation plan for quarries/borrow areas:

(f) Green belt plan:

(g) Compensatory afforestation plan:

4. Climate and Air Quality:

a) Windrose at site:
b) Max/Min/Mean annual temperature:
c) Frequency of inversion:
d) Frequency of cyclones/tornadoes/cloud burst:
e) Ambient air quality data:
f) Nature & concentration of emission of SPM, Gas (CO, CO2, NOx, CHn etc.) from the
project:

5. Water balance:

(a) Water balance at site:

(b) Lean season water availability;
Water Requirement:
(c) Source to be tapped with competing users (River, Lake, Ground, Public
supply):
 (d) Water quality:
(e) Changes observed in quality and quantity of groundwater in the last years
and present charging and extraction details:
(f) (i) Quantum of waste water to be released with treatment details:

(ii) Quantum of quality of water in the receiving body before and after
disposal of solid wastes:

(iii) Quantum of waste water to be released on land and type of land:

(g) (i) Details of reservoir water quality with necessary Catchment Treatment
Plan:

(ii) Command Area Development Plan:

6. Solid wastes:

(a) Nature and quantity of solid wastes generated

(b) Solid waste disposal method:

7. Noise and Vibrations:

(a) Sources of Noise and Vibrations:

(b) Ambient noise level:

(c) Noise and Vibration control measures proposed:

(d) Subsidence problem, if any, with control measures:

8. Power requirement indicating source of supply: Complete environmental details to be

furnished separately, if captive power unit proposed:

9. Peak labour force to be deployed giving details of:

- Endemic health problems in the area due to waste water/air/soil borne diseases:

- Health care system existing and proposed:

10. (a) Number of villages and population to be displaced:

(c) Rehabilitation Master Plan:

11. Risk Assessment Report and Disaster Management Plan:

 Report prepared as per guidelines issued by the Central Government in the MOEF from
time to time:

12. (a) Environmental Impact Assessment

(b) Environment Management Plan:

(c) Detailed Feasibility Report:

(d) Duly filled in questionnaire

13. Details of Environmental Management Cell:

I hereby give an undertaking that the data and information given above are due to the best of my
knowledge and belief and I am aware that if any part of the data/information submitted is found
to be false or misleading at any stage, the project be rejected and the clearance given, if any, to
the project is likely to be revoked at our risk and cost.

Signature of the applicant

With name and full address

Given under the seal of

Date:
Organisation on behalf of

Place:

Whom the applicant is signing

In respect to item for which data are not required or is not available as per the declaration of
project proponent, the project would be considered on that basis.
CHEDULE-III

[See sub-para III (a) of Para 2]

COMPOSITION OF THE EXPERT COMMITTEES FOR ENVIRONMENTAL IMPACT ASSESSMENT

1. *The Committees will consist of experts in the following disciplines:*

(i) Eco-system Management

(ii) Air/Water Pollution Control

(iii) Water Resource Management

(iv) Flora/Fauna conservation and management

(v) Land Use Planning

(vi) Social Sciences/Rehabilitation

(vii) Project Appraisal

(viii) Ecology

(ix) Environmental Health

(x) Subject Area Specialists

(xi) Representatives of NGOs/persons concerned with environmental issues.

2. The Chairman will be an outstanding and experienced ecologist or environmentalist or technical

professional with wide managerial experience in the relevant development sector.

3. The representative of Impact Assessment Agency will act as a Member-Secretary.

4. Chairman and Members will serve in their individual capacities except those specifically nominated as
representatives.

5. The Membership of a Committee shall not exceed 15.

SCHEDULE-IV

(See Sub-para 1 of para 2)

Procedure for Public Hearing

(1) Process of Public Hearing: - Whoever apply for environmental clearance of projects, shall submit to the
concerned State Pollution Control Board twenty sets of the following documents namely: -

(i) An executive summary containing the salient features of the project both in English as well as local
language.

(ii) Form XIII prescribed under Water (Prevention and Control of Pollution) Rules, 1975 where discharge
of sewage, trade effluents, treatment of water in any form, is required.

(iii) Form I prescribed under Air (Prevention and Control of Pollution) Under Territory Rules, 1983 where
discharge of emissions are involved in any process, operation or industry.

(iv) Any other information or document, which is necessary in the opinion of the Board for their final
disposal of the application.

(2) Notice of Public Hearing: -

(i) The State Pollution Control Board shall cause a notice for environmental public hearing which shall be
published in at least two newspapers widely circulated in the region around the project, one of which
shall be in the vernacular language of the locality concerned. State Pollution Control Board shall
mention the date, time and place of public hearing. Suggestions, views, comments and objections of the
public shall be invited within thirty days from the date of publication of the notification.

(ii) All persons including bona fide residents, environmental groups and others located at the project
site/sites of displacement/sites likely to be affected can participate in the public hearing. They can also
make oral/written suggestions to the State Pollution Control Board.
Explanation: - For the purpose of the paragraph person means: -

(a) any person who is likely to be affected by the grant of environmental clearance;

(b) any person who owns or has control over the project with respect to which an application has been
submitted for environmental clearance;

(c) any association of persons whether incorporated or not like to be affected by the project and/or
functioning in the filed of environment;

(d) any local authority within any part of whose local limits is within the neighbourhood, wherein the
project is proposed to be located.

(3) Composition of public hearing panel: - The composition of Public Hearing Panel may consist of
the following, namely: -

(i) Representative of State Pollution Control Board;

(ii) District Collector or his nominee;

(iii) Representative of State Government dealing with the subject;

(iv) Representative of Department of the State Government dealing with Environment;

(v) Not more than three representatives of the local bodies such as Municipalities or panchayats;

(vi) Not more than three senior citizens of the area nominated by the District Collector.

(4) Access to the Executive Summary:- The concerned persons shall be provided access to the Executive
Summary of the project at the following places, namely:-

(i) District Collector Office;

(ii) District Industry Centre;

 (iii) In the Office of the Chief Executive Officers of Zila Praishad or Commissioner of the Municipal
Corporation/Local body as the case may be;

(iv) In the head office of the concerned State Pollution Control Board and its concerned Regional
Office.

(v) In the concerned Department of the State Government dealing with the subject of environment.

[No.Z-12013/4/89-IA]

Foot NOTE: The Principal Notification was published vide number S.O. 60 (E) dated 27th January 1994 and
subsequently amended vide numbers S.O. 356(E) dated 4th may, 1994, S.O. 318 (E) dated 10th
April, 1997, S.O. 73 (E) dated 27th January, 2000 and S. O. 1119 (E) dated 13th December, 2000.

*****

NOTE: * and** and bold letters indicate amendments