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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 1














Background: In September 2006, the Ministry of Environment of Forests (MOEF), Government of
India (GOI), in exercise of powers conferred to it by Sub-section (1) and Clause (v) of Sub-section (2)
of Section (3) of the Environment (Protection) Act 1986 (EPA 1986
1
) and in supersession of the Old
EIA Notification
2
[i.e. Notification# S.O. 60 (E) dated 27
th
January 1994 (as amended)] had notified
the New EIA Notification (the EIA Notification 2006) through its Notification# S.O. 1533 (E) dated
14
th
September 2006.

The EIA Notification 2006 imposed certain restrictions and prohibitions on new projects or
activities, OR on the expansion OR modernization of existing projects or activities based on their
potential environmental impacts as indicated in the Schedule to the Notification being undertaken
in any part of India
3
, unless Prior Environmental Clearance (PEC) had been accorded as per the
procedures specified in the Notification. Further, as per the EIA Notification 2006, the Central
Government (i.e. MOEF) had directed that, on and from the date of its publication, the required
construction of new projects/activities OR the expansion or modernization of existing
projects/activities listed in the Schedule
4
to the Notification entailing capacity addition with
change in process and or technology could be undertaken in any part of India only after the PEC
had been obtained from the Central Government OR by the State/Union Territory (UT) Level EIA
Authority (SEIAA, duly constituted by the Central Government), in accordance with the
procedures specified in the Notification.

Subsequently, the MOEF, through Notification#S.O.195 (E) dated 19
th
January 2009, published a Draft
Notification to make amendments
5
in the EIA Notification 2006, for information of the public likely to be

1
In the wake of Bhopal Gas tragedy, the Government of India (GOI) enacted the EPA Act 1986 under Article 253 of the constitution.
The EPA 1986 is an umbrella legislation designed to provide a framework for Central Government to coordinate the activities of
various Central and State authorities established under previous laws, such as the Water Act and the Air Act. Since the Act entered the
statute book, the Act has served to back a vast body of subordinate environmental legislations in India. The scope of the EPA 1986 is
broad, with environment defined to include water, air, land and the inter-relationships which exists among water, air, land and
human beings and other living creatures, plants, micro-organisms and property. The law also promulgates rules on hazardous waste
management and handling.
2
The Old EIA Notification made EIA a mandatory requirement for 32 different identified activities included in Schedule-I (i.e. the List of
Projects requiring Environment Clearance (EC) from the Central Government). These activities were broadly categorized under the
following sectors: (1) Industries; (2) Mining; (3) Thermal Power Plants; (4) River Valley Development; (5) Ports, Harbors and Airports;
(6) Communication; (7) Atomic Energy; (8) Transport (Rail, Road& Highway); and (9) Tourism (including Hotels and Beach Resorts in
the Coastal Regulation Zone). Further, the MOEF, through its Notification S.O.801(E) dated 7
th
July 2004, had amended the Old EIA
Notification to include New Construction Projects and New Industrial Estates in Schedule-I.
3
includes the territorial waters.
4
Under Schedule of the New EIA Notification, eight (8) different categories of Projects have been specified which require PEC. These are
broadly categorized under the following sectors: (1) Mining, Extraction of Natural Resources and Power Generation (for a specified
production capacity); (2) Primary Process; (3) Materials Production; (4) Materials Processing; (5) Manufacturing/Fabrication; (6)
Service Sector; (7) Physical Infrastructure including Environmental Services; (8) Building/Construction projects/Area Development
Projects and Townships. For complete listing of Projects/Activities, kindly refer to the Schedule.
5
The EIA Notification 2006 was first amended through Notification#S.O.1737 (E) dated 11
th
October 2007.
THE EIA (AMENDMENT) NOTIFICATION 2009
NOTIFIED ON 1
ST
DECEMBER 2009


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ENVIRONMENT HEALTH & SAFETY SOCIAL INFRASTRUCTURE CLIMATE CHANGE


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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 2
affected, thereby inviting any objections or suggestions on the proposals contained in the Draft
Notification within 60 days from the date of its publication in the Official Gazette (the 60 days period
expired on 20
th
March 2009).

The main reason for issuing the Draft Notification was that more than two (2) years had passed since the
New EIA Notification was notified on 14
th
September 2006. Based on the experience of these two (2)
years, the MOEF was considering certain amendments in the New EIA Notification mainly to provide for
increasing societal vigil on environmental projects by making it compulsory for the project proponents
to make public the terms of Environmental Clearance. The intent of the proposed amendments was to
ensure that the conditions of Environmental Clearances were strictly complied with by the Project
Proponents and in case of any gaps these could be brought to the notice by the local population or its
representatives.

Reportedly, the Central Government received comments/objections/suggestions from 136
stakeholders including Central and the State Governments and their Agencies, Industry and their
Associations, Non Governmental Organizations (NGOs), Civil Society Groups and the General Public.
In order to have discussions with these stakeholders and consider their comments before finalizing the
Draft Notification, the MOEF constituted a Committee [through an Order (Reference#J-11013/56/2004-IA. II
(I))] dated 3
rd
July 2009, under the Chairmanship of Mr J. M. Mauskar, Additional Secretary, to examine
the comments, have meetings with various stakeholders, and thereafter give its recommendations for
finalization of the Draft Notification. The Mauskar Committee (hereafter referred to as the Committee) was
given three (3) months time to complete its task. The Committee had its First Meeting on 30
th
July 2009,
took stock of the comments received on the Draft Notification and decided to arrange category-wise
hearings with all the stakeholders, namely: (i) Central Ministries and their Agencies; (ii) State
Governments and their Agencies; (iii) Industries and Industry Associations; and (iv) Civil Society
including NGOs. Accordingly, separate hearings were held with all these Agencies on 26
th
- 27
th
August
2009 and 3
rd
- 4
th
September 2009. In addition, a Meeting was also held with the officials of the Ministry
of New and Renewable Energy (MNRE) on 7
th
September 2009 to specifically discuss the issues relating to
biomass based power plants. Based on the comments received from various stakeholders and
deliberations in these hearings, the Committee made recommendations to MOEF. Accordingly, in the
final version of the EIA Notification 2009, the MOEF decided not to include several proposed
amendments and to revise and modify several other amendments that were proposed in the Draft
Notification of 19
th
January 2009.

Now, the Central Government (i.e. MOEF), through Notification#S.O.3067 (E) dated 1
st

December 2009 and in exercise of powers conferred to it by Sub-section (1) and Clause (v) of Sub-
section (2) of Section (3) of EPA 1986 has published the EIA (Amendment) Notification 2009 (hereafter
referred to as the EIA Notification 2009) and made the following amendments in the EIA
Notification 2006.

We have reviewed the EIA Notification 2009 in detail and in the following sections we have
presented Summaries of Amendments in the EIA Notification 2009 including - (i) Specific amendments
that were proposed in the Draft EIA Notification but were subsequently deleted by the Review Committee,
(ii) Amendments in the Notification itself, (iii) Amendments in Schedule to the Notification, (iv)
Amendments in Form-1 of Appendix-I of Notification,(v) Amendments in Appendix-IV related to
Procedure for conduct of Public Hearing, (vi) Amendments in Appendix-V related to Procedure Prescribed
for Appraisal, etc. In the later part of this document the amended EIA Notification 2009 is also
presented with changes highlighted clearly for your convenience.

Summary of Amendments that were Proposed in the Draft EIA Notification but have been
deleted in the Final EIA Notification based on Committees Recommendations (as per INDUS
Review of the EIA Notification 2009)


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REGULATORY UPDATE - No. 60: 2009
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(i) One of the proposed amendments in the Draft EIA Notification was that there was no need for an EIA
and get Prior Environmental Clearance for modernization and expansion of projects if they didnt have
any additional water or land requirement or if there was no increase in pollution load. Further, the
Project Proponent was only required to provide a Self Certification in this regard - stating that the
proposed project shall not involve any additional pollution load, waste generation or water
requirement. Based on a review of proposed amendments, the Committee termed the Draft EIA
Notification as having a myopic view of environmental and social impact of modernization and
expansion projects and said that it was totally unacceptable that modernization and expansion of
projects be removed from the Environmental Clearance regime with or without the requirement of
Self-Certification. It further said that it is inconceivable to have any expansion proposal without any
increase in the pollution load. The Committee recommended that several industries are operating in
critically polluted areas (and therefore no new industries or expansions of existing industries can be
allowed in these areas anyway) OR are in violation of their Environmental Clearance conditions (and
therefore they could not be allowed to further expand their operations) and therefore these aspects
would require consideration before modernization or expansion of an existing industry could be
permitted from an environmental perspective. This essentially implies that in the new EIA regime, a
capacity expansion project would have to undergo an EIA Certification process.

(ii) Another proposed amendment in the Draft EIA Notification was that there was no need for Public
Consultation for those expansion projects which involved enhancement of production by less than
50%. Again, the Committee members were of the view that even within the same activity 50% means
different for different base capacities and therefore such a proposal may not be appropriate. The
Committee also felt that in certain industrial sectors, the environmental impacts of even a small level
of expansion could be serious enough. Further, other than the industry and mining sectors there is
also a problem of quantifying activities in terms of capacities. Therefore, the Committee
recommended that if the intention of the amendment was to appraise only those projects which had
significant impacts, then merely specifying a limit of more than 50% for the production enhancement
will not serve the purpose - the decision of whether Public Consultation is needed or not should be left
to the Expert Appraisal Committee (EAC) or the State level Expert Appraisal Committee (SEAC) and
exemption could be granted for cases which did not involve additional land acquisition and pollution
load, with built-in provisions for mitigation measures to achieve the ambient environmental quality
standards.

(iii) Another proposal in the Draft EIA Notification regarding amendments in the threshold limit for the
Building/Construction Projects/Area Development Projects and Townships was that the threshold limit
should be increased to 50,000 m
2
for Construction Projects and 100 Ha for Area Development
Projects. In this regard, the Committee was of the view that the limit of 20,000 m
2
itself was a fairly
large area in the Indian context as it amounted to approximately 200 apartments in a composite
apartment building and the project population would be about 1,000 which would require about 140
kL of water supply and about 112 kL of sewage treatment per day. The Committee thus recommended
reverting to the previous limit of 20,000 m
2
and 50 Ha for Prior Environmental Clearance for
Construction Projects and Area Development Projects respectively.

(iv) Another proposal in the Draft EIA Notification regarding exempting Category-B projects from the
requirement of Scoping for three (3) years was also rejected by the Committee members. In this
regard, a concern was raised that this could significantly weaken the Environmental Clearance
process because more and more projects were being shifted to Category-B projects and if they were
considered for PEC without a Term of Reference (TOR) it could be seriously damaging to the
environment. The Committee was also of the opinion that the proposed amendment to dispense with
the provision of TOR had lost relevance in the current context because State Environment Impact
Assessment Authority (SEIAA)/State/Union Territory Level Expert Appraisal Committee (SEAC)]
were already set up in 23 States/UTs during the intervening period when this proposal was
originally conceived. In addition, the Standard TOR, though available for some sectors, could not be
considered as a substitute to a detailed scoping which inter alia involves not only the size/magnitude
of the proposed project but also its site/location.



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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 4
Summary of Amendments made in the EIA Notification 2009:

(i) The decision of the SEIAA [which is based on the recommendations of the State/Union Territory
Level Expert Appraisal Committee (SEAC)] should be unanimous - however, if, for some reason, it is
taken by majority, the details of views, for against it, should be clearly recorded in the minutes and a
copy therefore should be sent to MOEF.

(ii) Maintenance dredging (- provided the dredged material is disposed of within the port limits) and all
Building or Construction Projects or Area Development Projects which do not contain any Category-A
project and activities are exempted from undertaking Public Consultation. The first amendment is
specifically for avoiding maintenance dredging to come under Public Consultation as it is a
regular/routine activity for maintenance of ports. However, if it is capital dredging and involves
dumping of material outside the port limits, either in the sea or on land, would require Public
Consultation. The second amendment is to ensure that if the Proposed Project have any activity other
than Building Construction, it should be brought to the notice of the public for eliciting their views.
This is considered important because such Category-A Projects, besides having an impact on the land
use, have potential to adversely affect the environment in terms of their pollution load.

(iii) The process of PEC Monitoring has been further strengthened and made more transparent by making
it mandatory for the Project Proponents of Category-A Projects to make public their EC along with the
Conditions laid down there under by advertising (at their own cost) the same in at least two (2) local
newspapers of the district or State where the Project is located. In addition, this information is also
required to be displayed in the Project Proponents website permanently. The Project Proponents of
Category-B Projects are required to advertise in the newspaper about the EC granted to the Project
and the details of MOEF website where it is displayed. The Project Proponents are also required to
submit copies of EC to Heads of the Local Bodies, Panchayats and Municipal Bodies. The MOEF and
SEIAA are also required to place the EC in public domain.

Summary of Amendments made in the Schedule of the EIA Notification 2009:

(i) Under Project Activity: Mining of Minerals [Item 1(a)]:
- The threshold limits have been amended for coal and non-coal mining projects;
- Mineral prospecting has been exempted from the purview of EC; and
- All slurry pipelines (coal, lignite and other ores) passing through National
Parks/Sanctuaries/Coral reefs, Ecological Sensitive Areas have been brought under Category-A
Projects.

(ii) Under Project Activity: River Valley Projects [Item 1(c)]:
- It has been specified that irrigation projects not involving submergence or inter-state domain shall
be appraised by the SEIAA as Category-B Projects.

(iii) Following amendments have been made under Project Activity: Thermal Power Plants [Item 1(d)]:
Thermal Power Plants of capacity 50 MW - using refinery residual oil waste except biomass; and
projects of capacity 20 MW - based on biomass or non-hazardous municipal solid waste as fuel
have been brought under the list of Category-A Projects.
Projects of capacity <50 MW 5 MW - using refinery residual oil except biomass and projects of
capacity <20 MW >15 MW - based on biomass or non-hazardous municipal solid waste as fuel have
been brought under the list of Category-B Projects.
Also, Power Plants up to 15 MW - based on biomass and non-hazardous municipal solid waste and
using auxiliary fuels such as Coal/Lignite/Petroleum products up to 15% have been exempted
from obtaining EC. Similarly, Power Plants using waste heat boiler without any auxiliary fuel have
also been exempted.
(iv) Following amendments have been made under Project Activity: Metallurgical Industries (Ferrous and
Non-ferrous) [Item 3 (a)]:
Recycling industrial units registered under the Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules 2008 have been exempted.


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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 5
In case of secondary metallurgical processing industrial units, those 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 EC.
Plant/units other than Power Plants (Item 1(d) of the Schedule), based on municipal solid waste
(non-hazardous) have been exempted.

(v) Following amendment has been made under Project Activity: Chlor-alkali [Item 4(d)]:
All Chlor-alkali industry projects irrespective of their size, if located in a Notified Industrial
Area/Estate and Projects< 300 TPD and located outside a Notified Industrial Area/Estate would be
considered as Category-B Projects [earlier, Projects < 300 TPD production capacity and located
within a Notified Industrial Area/Estate were considered as Category-B Projects].

(vi) Under Project Activity: Chemical Fertilizers [Item 5(a)]:
Single super phosphate projects have been brought under Category-B. As per the EIA Notification
2006, these were considered as Category-A Projects.

(vii) Project Activity: Induction/Arc Furnaces/Cupola Furnaces 5.0 TPH or more [Item 5 (k)] has been omitted.

(viii) Under Project Activity: Physical Infrastructure including Environmental Services Air Ports [Item 7(a)]:
Airstrips, which are for commercial use have been brought under the purview of the EIA
Notification 2009 and would be considered under Category-A. However, Air strips which do not
involve bunkering/refueling facility and/or Air Traffic Control have been exempted.

(ix) As per the EIA Notification 2009, both General and Special Conditions will apply (earlier only Special
Conditions were applicable) to Industrial Estates/Parks/Complexes/Areas, Export Processing Zones (EPZs),
Special Economic Zones (SEZs), Biotech Parks, Leather Complexes [Item 7 (c)]. Also, if the area is less than
500 ha but contains Building and Construction Projects > 20, 000 sq. m. and or development area
more than 50 ha, it will be treated as activity listed at Item 8(a) or 8(b) of Schedule, as the case may be.

(x) Under Project Activity: Ports, Harbours [Item 7(e)]:
The scope has been expanded by including activities like Break Waters and Dredging;
Capital dredging inside and outside the ports or harbors and channels will require EC.
Maintenance dredging will be exempt provided it was part of the original proposal for which
Environment Management Plan (EMP) was prepared and EC obtained.

(xi) All State Highways (including Expressways) and State Highway Expansion Projects in hilly terrain
(above 1,000 m above mean sea level) and or Ecologically Sensitive Areas would be considered as
Category-B Projects [Item 7(f)]. The Expansion of National/State Highways > 30 km involving additional
right of way > 20 m involving land acquisition has been omitted from Category-B Projects. The idea behind
this amendment is to encourage SEAC/SEIAA to handle projects which are likely to have relatively
significant impacts. In addition, the criterion of altitude is to take care of the hill/mountainous eco-
systems which are not specifically covered under the Ecologically Sensitive Areas.

(xii) All Aerial Ropeways Projects located at altitude of 1,000 m and above and all such projects which are
located in notified Ecologically Sensitive Areas have been brought under Category-A and all other
projects shall be considered as Category-B Projects [Item 7(g)].

(xiii) In the Note for sub-heading relating to General Conditions (GC) mentioned below the Schedule, the
phrase Eco sensitive areas as notified under Section 3 of EPA 1986 such as Mahabaleshwar, Panchgani,
Matheran, Panchmarhi, Dahanu, Doon Valley has been added under Item 3 of GC. Also, 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 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 Union Territories sharing the common
boundary in case the activity does not fall within 10 km of the areas mentioned at Item (i), (ii) and (iii)
of the GC.


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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 6

Summary of Amendments made in Form-I of Appendix I of the EIA Notification 2009:

(i) As per the EIA Notification 2009, the Basic Information required in Form-1 for a particular project
seeking PEC has been made much more elaborate and specified under 24 points. Specific information
about the project clearance and other associated information under the Coastal Regulation Zone (CRZ)
Notification 1991 (e.g. CRZ Map, Recommendation of the State Coastal Zone Management Authority),
Wildlife (Protection) Act 1972 (e.g. Map showing location of project vis--vis National Park,
Sanctuaries, etc within 10 km, Recommendation of the Chief Wildlife Warden) & the Forest
(Conservation) Act 1980 (if any) has been sought from the Project Proponent.
(ii) At the end of Appendix-I, an Undertaking by the Project Proponent or Authorized Signatory has been
added stating that the data and information provided in the Application and Enclosures are true to
the best of knowledge and belief of the Project Proponent and that he is aware that if any part of the
data and information submitted is found to be false or misleading at any stage, the Project will be
rejected and Clearance given, if any to the Project, will be revoked at his risk and cost.

Summary of Amendments made in Appendix-IV related to the Procedure for Conduct of Public
Hearing of the EIA Notification 2009:

(i) As per the EIA Notification 2009, the MOEF, while recognizing the need and importance of Public
Consultation in the development process has mandated the requirement of Public Hearing to
ascertain the views of Local Bodies. In this regard, the Applicant is now required to forward a copy of
the Draft EIA Report along with the Summary EIA Report to the Panchayat Union, Urban Local
Bodies/Concerned PRIs/Development Authorities (in Sub-section 2.2, Section 2.0: the Process of
Appendix-IV).
(ii) In Sub-section 3.2, Section 3.0: Notice of Public Hearing of Appendix-IV - it has been specified that the
Competent Authority should make arrangements (by way of beating of drums as well as
Advertisement/Announcement on Radio/Television) to inform the local public about the Public
Hearing in places where the newspapers do not reach.
(iii) The heading of Section 4.0: the Panel has been changed to Supervision and Presiding over the Hearing.
This heading has been modified because in real circumstances, the EIA Notification 2006 does not
provide any Panel to conduct Public Hearing. The Public Hearing process is essentially a supervision
process, presided and supervised by the District Magistrate (DM) or his/her representative not below
the rank of Additional DM.
(iv) As per the amendment in Sub-section 7.1 of Section 7.0: Time Period for Completion of Public Hearing, the
Applicant is now required to incorporate the concerns expressed in the Public Hearing along with the
Action Plan and financial allocation (item-wise), to address these concerns before forwarding the
copy of the approved Public Hearing proceedings (along with the Final EIA Report or Supplementary
Report) to the concerned regulatory authority.

Summary of Amendments made in Appendix-V related to the Procedure Prescribed for
Appraisal of the EIA Notification 2009:

(i) In Section 3 of Appendix-V amendment has been made in the procedure followed for appraisal of the
project.
Projects where Public Consultation is not Mandatory (Other than Item 8: Building/Construction
Projects/Area Development Projects): Appraisal shall be made on the basis of the prescribed
application Form and the EIA Report.
Projects falling under Item 8: Considering the unique nature of these projects, the concerned EAC
or SEAC shall appraise all Category-B projects or activities on the basis of Form-1, Form-1 A and the
Conceptual Plan and thereafter make recommendations regarding Grant of EC and also stipulate
conditions therein.

Note: The amendments in the EIA Notification 2006 are highlighted below in grey background and
whatever has been substituted through the EIA Notification 2009 has been stroked through. A copy


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REGULATORY UPDATE - No. 60: 2009
DECEMBER 2009 7
of the Schedule and other Appendices of the EIA Notification 2009 is enclosed as an Annexure to this
Update.

THE EIA (AMENDMENT) NOTIFICATION 2009

2. Requirement of Prior Environmental Clearance (PEC): The following projects or activities shall
require PEC from the concerned regulatory authority, which shall hereinafter referred to be as the
Central Government in the MOEF for matters falling under Category A in the Schedule and at SEIAA
for matters falling under Category B in the said Schedule, before any construction work, or
preparation of land by the project management except for securing the land, is started on the
project or activity:

(i) All new projects or activities listed in the Schedule to this Notification (i.e. List of Projects
requiring PEC) (copy of the Schedule is included in the Annexure to this document)
6
;
(ii) Expansion and modernization of existing projects or activities listed in the Schedule with
addition of capacity beyond the limits specified for that concerned sector i.e. projects or
activities which cross the threshold limits given in the Schedule, after expansion or
modernization; and
(iii) Any change in product-mix in an existing manufacturing unit (included in Schedule)
beyond the specified range.

3. State Level Environment Impact Assessment Authority (SEIAA)

(1) A State Environment Impact Assessment Authority shall be constituted by the Central
Government under Sub-section (3) of Section 3 of the EPA 1986 comprising of three (3)
Members including a Chairman and a Member - Secretary to be nominated by the State
Government or the Union territory Administration concerned.
(2) The Member-Secretary shall be a serving officer of the concerned State Government or
Union territory administration familiar with Environmental Laws.
(3) The other two (2) Members shall be either a professional or expert fulfilling the
eligibility criteria given in Appendix VI to this Notification.
(4) One of the specified Members in Sub-paragraph (3) above who is an expert in the
Environmental Impact Assessment (EIA) process shall be the Chairman of the SEIAA.
(5) The State Government or Union territory Administration shall forward the names of the
Members and the Chairman referred in Sub- paragraph (3) to (4) above to the Central
Government and the Central Government shall constitute the SEIAA as an authority for
the purposes of this Notification within 30 days of the date of receipt of the names.
(6) The non-official Member and the Chairman shall have a fixed term of three (3) years
(from the date of the publication of the Notification by the Central Government
constituting the authority).
(7) All decisions of the SEIAA shall be unanimous and taken in a meeting. All decisions of
the SEIAA shall be taken in a meeting and shall ordinarily be unanimous:

Provided that, in case a decision is taken by majority, the details of views, for against it,
shall be clearly recorded in the minutes and a copy thereof sent to MOEF.






6
A copy of all the Appendices and Schedule of the New EIA Notification are included as an Annexure to this Update.


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4. Categorization of Projects and Activities

(i) All the projects/activities (listed in the Schedule
7
) are broadly categorized into two (2)
categories i.e. Category A and Category B, based on the spatial extent of potential impacts
and potential impacts on human health and natural and man made resources.
(ii) All the projects included in Category A in the Schedule, including expansion and
modernization of existing projects/activities and change in product mix, shall require
PEC from the Central Government i.e. MOEF based on the recommendations of the
EAC. The EAC will be constituted by the Central Government for the purposes of this
Notification.
(iii) All the projects included in Category B
8
, including expansion and modernization of
existing projects/activities and change in product mix (as specified above) and
excluding those which fulfill GCs specified in the Schedule shall require PEC from the
State/Union Territory Level SEIAA. The SEIAA shall base its decision on the
recommendations of a State/Union Territory Level SEAC which shall be constituted for
the purposes of the EIA Notification
9
2006. As per the EIA Notification 2006, in absence of
a duly constituted SEIAA or SEAC, a Category B project shall be treated as a Category A
project (i.e. until the SEIAA or SEAC is constituted, the Category B projects shall require
PEC from the MOEF). In the absence of a duly constituted SEIAA or SEAC, a Category B
project shall be considered at the Central Level as a Category B project.

5. Screening, Scoping and Appraisal Committees

The same EACs at the Central Government and SEACs at the State or the Union territory level
shall screen, scope and appraise projects or activities in Category A and Category B respectively.
EAC and SEACs shall meet at least once every month.

(a) The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or
the Union territory level shall be constituted by the Central Government in consultation
with the concerned State Government or the Union territory Administration with
identical composition;
(b) The Central Government may, with the prior concurrence of the concerned State
Governments or the Union territory Administrations, constitutes one SEAC for more
than one State or Union territory for reasons of administrative convenience and cost;
(c) The EAC and SEAC shall be reconstituted after every three (3) years;
(d) The authorized members of the EAC and SEAC, concerned, may inspect any site(s)
connected with the project or activity in respect of which the PEC is sought, for the
purposes of Screening or Scoping or Appraisal, with prior notice of at least seven (7)
days to the applicant, who shall provide necessary facilities for the inspection; and
(e) The EAC and SEACs shall function on the principle of collective responsibility. The
Chairperson shall endeavour to reach a consensus in each case, and if consensus cannot
be reached, the view of the majority shall prevail.




7
Under Schedule of the New EIA Notification, eight (8) different categories of Projects have been specified which require PEC. These are
broadly categorized under the following sectors: (1) Mining, Extraction of Natural Resources and Power Generation (for a specified
production capacity); (2) Primary Process; (3) Materials Production; (4) Materials Processing; (5) Manufacturing/Fabrication; (6)
Service Sector; (7) Physical Infrastructure including Environmental Services; (8) Building/Construction projects/Area Development
Projects and Townships. For complete listing of Projects/Activities, kindly refer to the Schedule.
8
The Category B projects are further categorized into Category B1 and Category B2, as explained later in this Update under Stage-1
Screening.
9
The procedure of constitution of the SEAC is described later in this Update under Screening, Scoping and Appraisal Committees.


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REGULATORY UPDATE - No. 60: 2009
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6. Application for PEC
An application seeking PEC in all cases shall be made in the prescribed Form-1 (i.e. Appendix
I)
10
annexed herewith and Supplementary Form-1A (Appendix II), if applicable, as given in
Appendix II, after the identification of prospective site(s) for the project and/or activities to
which the application relates, before commencing any construction activity, or preparation of
land, at the site by the applicant. The applicant shall furnish, along with the application, a
copy of the Pre-feasibility Project Report except that, in case of construction projects or activities
(Item 8 of the Schedule) in addition to Form-1 and the Supplementary Form-1A, a copy of the
Conceptual Plan shall be provided, instead of the Pre-feasibility Report.
7. Stages in the PEC Process for New Projects/Activities

7(i) The Environmental Clearance process for new projects will comprise of a maximum of
four (4) stages, all of which may not apply to particular cases as set forth below in this
notification. These four (4) stages in sequential order are:
Stage (1) - Screening (Only for Category B projects and activities)
Stage (2) - Scoping
Stage (3) - Public Consultation
Stage (4) - Appraisal

I. Stage (1) Screening (applicable only for Category B projects/activities)

In case of Category B projects or activities, this stage will entail the scrutiny of an application
seeking PEC made in Form-1 by the concerned SEAC for determining whether or not the
project or activity requires further environmental studies for preparation of an EIA Report
for its Appraisal prior to the grant of EC depending up on the nature and location
specificity of the project. The projects requiring an EIA Report shall be termed Category B1
and remaining projects shall be termed Category B2 and will not require an EIA Report. For
categorization of projects into B1 or B2 except Item 8 (b), the MOEF shall issue appropriate
guidelines from time to time.

II. Stage 2 - Scoping

(i) Scoping refers to the process by which the EAC in the case of Category A projects or
activities, and SEAC in the case of Category B1 projects or activities, including
applications for expansion and/or modernization and/or change in product mix of
existing projects or activities, determine detailed and comprehensive TOR addressing all
relevant environmental concerns for the preparation of an EIA Report in respect of the
project or activity for which PEC is sought. The EAC or SEAC concerned shall determine
the TOR on the basis of the information furnished in the prescribed application Form-
1/Form-1A including TOR proposed by the applicant
11
, a site visit by a Sub-group of EAC
or SEAC concerned only if considered necessary by the EAC or SEAC concerned, TOR
suggested by the applicant if furnished and other information that may be available
with the EAC or SEAC concerned. All projects and activities listed as Category B [in Item
8 of the Schedule] (Construction/Township/Commercial Complexes/Housing) shall not
require Scoping and will be appraised on the basis of Form-1/ Form-1A and the Conceptual
Plan.

10
A copy of all the Appendices including Form-1 & Form-1A of the EIA Notification 2006 is included as an Annexure to this Update.
11
As part of Form-1, the applicant is required to propose TOR for the EIA studies. A copy of Form-1 is included as an Annexure to this
update.


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(ii) The TOR shall be conveyed to the applicant by the EAC or SEAC as concerned within 60
days of the receipt of Form-1. In the case of Category A [Hydroelectric Projects]
(Item1(c)(i) of the Schedule) the TOR shall be conveyed along with the clearance for pre-
construction activities. If the TOR are not finalized and conveyed to the applicant within
60 days of the receipt of Form-1, the TOR suggested by the applicant shall be deemed as
the final TOR approved for the EIA studies. The approved TOR shall be displayed on
the website of the MOEF and the concerned SEIAA.
(iii) Applications for PEC may be rejected by the regulatory authority concerned on the
recommendation of the EAC or SEAC concerned at this stage itself. In case of such
rejection, the decision together with reasons for the same shall be communicated to the
applicant in writing within 60 days of the receipt of the application.

III. Stage 3 Public Consultation

(i) Public Consultation refers to the process by which the concerns of local affected persons
and others who have plausible stake in the environmental impacts of the project or
activity are ascertained with a view to taking into account all the material concerns in
the project or activity design as appropriate. All Category A and Category B1 projects or
activities shall undertake Public Consultation, except the following:

(a) Modernization of Irrigation Projects [Item 1(c)(ii) of the Schedule]
(b) 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.
(c) Expansion of Roads and Highways [Item 7(f) of the Schedule], which do not involve
any further acquisition of land.
(cc) Maintenance dredging provided the dredged material shall be disposed within
port limits.
(d) All Building/Construction Projects/Area Development Projects and Townships
[Item 8 of the Schedule].
All Building or Construction projects or Area Development projects (which do not
contain any Category A project and activities) and Townships (Item 8(a) and 8(b) in
the Schedule to the notification).
(e) All Category B2 projects and activities.
(f) All projects or activities concerning National Defence and Security or involving
other strategic considerations as determined by the Central Government.

(ii) The Public Consultation shall ordinarily have two (2) components comprising of:

(a) A Public Hearing at the site or in its close proximity-district wise for ascertaining
concerns of local affected persons (to be carried out in the manner prescribed in
Appendix IV of the Notification and as explained below); and
(b) Obtaining responses in writing from other concerned persons having a plausible
stake in the environmental aspects of the project or activity.

(iii) The Public Hearing at, or in close proximity to, the site(s) in all cases shall be conducted
by the State Pollution Control Board (SPCB) or the Union territory Pollution Control
Committee (UTPCC) concerned in the specified manner and forward the proceedings to
the regulatory authority concerned within 45 days of a request to the effect from the
applicant.



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(iv) In case the SPCB or the UTPCC concerned does not undertake and complete the Public
Hearing within the specified period, and/or does not convey the proceedings of the
Public Hearing within the prescribed period directly to the regulatory authority
concerned as above, the regulatory authority shall engage another public agency or
authority which is not subordinate to the regulatory authority, to complete the process
within a further period of 45 days.

(v) If the public agency or authority nominated under the Sub-paragraph (iii) above reports
to the regulatory authority concerned that owing to the local situation, it is not possible
to conduct the Public Hearing in a manner which will enable the views of the concerned
local persons to be freely expressed, it shall report the facts in detail to the concerned
regulatory authority, which may, after due consideration of the report and other reliable
information that it may have, decide that the Public Consultation in the case need not
include the Public Hearing.

(vi) For obtaining responses in writing from other concerned persons having a plausible
stake in the environmental aspects of the project or activity, the concerned regulatory
authority and the SPCB or the UTPCC shall invite responses from such concerned
persons by placing on their website the Summary EIA Report prepared in the format
given in Appendix IIIA by the applicant along with a copy of the application in the
prescribed form , within seven (7) days of the receipt of a written request for arranging
the Public Hearing. Confidential information including non-disclosable or legally
privileged information involving Intellectual Property Right, source specified in the
application shall not be placed on the web site. The regulatory authority concerned may
also use other appropriate media for ensuring wide publicity about the project or
activity. The regulatory authority shall, however, make available on a written request
from any concerned person the Draft EIA Report for inspection at a notified place
during normal office hours till the date of the Public Hearing. All the responses received
as part of this Public Consultation process shall be forwarded to the applicant through the
quickest available means.

(vii) After completion of the Public Consultation, the applicant shall address all the material
environmental concerns expressed during this process, and make appropriate changes
in the Draft EIA and EMP. The Final EIA Report, so prepared, shall be submitted by the
applicant to the concerned regulatory authority for appraisal. The applicant may
alternatively submit a supplementary report to Draft EIA and EMP addressing all the
concerns expressed during the Public Consultation.

IV Stage 4 Appraisal

(i) Appraisal means the detailed scrutiny by the EAC or SEAC of the application and other
documents like the Final EIA Report, outcome of the Public Consultations including
Public Hearing proceedings, submitted by the applicant to the regulatory authority
concerned for grant of EC. This Appraisal shall be made by EAC or SEAC concerned in a
transparent manner in a proceeding to which the applicant shall be invited for
furnishing necessary clarifications in person or through an authorized representative.
On conclusion of this proceeding, the EAC or SEAC concerned shall make categorical
recommendations to the regulatory authority concerned either for grant of PEC on
stipulated terms and conditions, or rejection of the application for PEC, together with
reasons for the same.



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(ii) The Appraisal of all projects or activities which are not required to undergo Public
Consultation, or submit an EIA Report, shall be carried out on the basis of the prescribed
application Form-1 and Form-1A as applicable, any other relevant validated information
available and the site visit wherever the same is considered as necessary by the EAC or
SEAC concerned.

(iii) The Appraisal of an application shall be completed by the EAC or SEAC concerned
within 60 days of the receipt of the Final EIA Report and other documents or the receipt
of Form-1 and Form-1 A, where Public Consultation is not necessary and the
recommendations of the EAC or SEAC shall be placed before the Competent Authority
for a final decision within the next 15 days .The prescribed procedure for Appraisal is
given in Appendix V.

7(ii) PEC Process for Expansion OR Modernization OR Change of Product Mix in Existing
Projects
All applications seeking PEC for expansion with increase in the production capacity
beyond the capacity for which PEC has been granted under this Notification or with
increase in either lease area or production capacity in the case of mining projects or for
the modernization of an existing unit with increase in the total production capacity
beyond the threshold limit prescribed in the Schedule to this Notification through change
in process and or technology or involving a change in the product - mix shall be made in
Form-I and they shall be considered by the concerned EAC or SEAC within 60 days, who
will decide on the due diligence necessary including preparation of EIA and Public
Consultations and the application shall be appraised accordingly for grant of EC.

8. Grant or Rejection of PEC

(i) The regulatory authority shall consider the recommendations of the EAC or SEAC
concerned and convey its decision to the applicant within 45 days of the receipt of the
recommendations of the EAC or SEAC concerned or in other words within 105 days of
the receipt of the Final EIA Report, and where EIA is not required, within 105 days of
the receipt of the complete application with requisite documents, except as provided
below.

(ii) The regulatory authority shall normally accept the recommendations of the EAC or
SEAC concerned. In cases where it disagrees with the recommendations of the EAC or
SEAC concerned, the regulatory authority shall request reconsideration by the EAC or
SEAC concerned within 45 days of the receipt of the recommendations of the EAC or
SEAC concerned while stating the reasons for the disagreement. An intimation of this
decision shall be simultaneously conveyed to the applicant. The EAC or SEAC
concerned, in turn, shall consider the observations of the regulatory authority and
furnish its views on the same within a further period of 60 days. The decision of the
regulatory authority after considering the views of the EAC or SEAC concerned shall be
final and conveyed to the applicant by the regulatory authority concerned within the
next 30 days.

(iii) In the event that the decision of the regulatory authority is not communicated to the
applicant within the period specified in Sub-paragraphs (i) or (ii) above, as applicable, the
applicant may proceed as if the EC sought for has been granted or denied by the
regulatory authority in terms of the final recommendations of the EAC or SEAC
concerned.


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(iv) On expiry of the period specified for decision by the regulatory authority under
Paragraph (i) and (ii) above, as applicable, the decision of the regulatory authority, and
the final recommendations of the EAC or SEAC concerned shall be public documents.

(v) Clearances from other regulatory bodies or authorities shall not be required prior to
receipt of applications for PEC of projects or activities, or Screening, or Scoping, or
Appraisal, or decision by the regulatory authority concerned, unless any of these is
sequentially dependent on such clearance either due to a requirement of law, or for
necessary technical reasons.

(vi) Deliberate concealment and/or submission of false or misleading information or data
which is material to Screening or Scoping or Appraisal or decision on the application shall
make the application liable for rejection, and cancellation of PEC granted on that basis.
Rejection of an application or cancellation of a PEC already granted, on such ground,
shall be decided by the regulatory authority, after giving a Personal Hearing to the
applicant, and following the principles of natural justice.

9. Validity of Environmental Clearance (EC)
The Validity of Environmental Clearance is meant the period from which a PEC is granted by the
regulatory authority, or may be presumed by the applicant to have been granted under Sub-
paragraph (iv) of Paragraph 7 above, to the start of production operations by the project or
activity, or completion of all construction operations in case of construction projects (Item 8 of
the Schedule), to which the application for PEC refers. The PEC granted for a project or activity
shall be valid for a period of 10 years in the case of River Valley projects (Item 1(c) of the
Schedule), project life as estimated by EAC or SEAC subject to a maximum of 30 years for
Mining Projects and five (5) years in the case of all other projects and activities. However, in
the case of Area Development projects and Townships [Item 8(b)], the validity period shall be
limited only to such activities as may be the responsibility of the applicant as a developer. This
period of validity may be extended by the regulatory authority concerned by a maximum
period of five (5) years provided an application is made to the regulatory authority by the
applicant within the validity period, together with an updated Form-1, and Supplementary
Form-1A, for Construction projects or activities (Item 8 of the Schedule). In this regard the
regulatory authority may also consult the EAC or SEAC as the case may be.
10. Post EC Monitoring

(i )
(a) In respect of Category A projects, it shall be mandatory for the project proponent to
make public the EC granted for their project along with the Environmental
Conditions and safeguards at their cost by prominently advertising it at least in two
local newspapers of the district or State where the project is located and in addition,
this shall also be displayed in the Project Proponents website permanently.
(b) In respect of Category B projects, irrespective of its clearance by MOEF/SEIAA, the
project proponent shall prominently advertise in the newspapers indicating that the
project has been accorded environment clearance and the details of MOEF website
where it is displayed.
(c) The MOEF and the SEIAA, as the case may be, shall also place the EC in the public
domain on Government portal.


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(d) The copies of the EC shall be submitted by the project proponents to the Heads of
local bodies, Panchayats and Municipal Bodies in addition to the relevant offices of
the Government who in turn has to display the same for 30 days from the date of
receipt.

(ii ) It shall be mandatory for the project management to submit Half-yearly Compliance
Reports in respect of the stipulated PEC terms and conditions in hard and soft copies to
the concerned Regulatory Authority, on 1
st
June and 1
st
December of each calendar year.
(iii ) All such Compliance Reports submitted by the project management shall be public
documents. Copies of the same shall be given to any person on application to the
concerned Regulatory Authority. The latest such Compliance Report shall also be
displayed on website of the concerned Regulatory Authority.

11. Transferability of EC

A PEC granted for a specific project or activity to an applicant may be transferred during its
validity to another legal person entitled to undertake the project or activity on application by
the transferor or by the transferee with a written No Objection by the transferor, to, and by the
Regulatory Authority concerned, on the same terms and conditions under which the PEC was
initially granted, and for the same validity period. No reference to the EAC or SEAC
concerned is necessary in such cases.

12. Operation of the Old EIA Notification of 27
th
January 1994, till disposal of pending cases:

From the date of final publication of the EIA Notification 2006, the Old EIA Notification [i.e.
S.O.60 (E) dated 27
th
January 1994 (as amended)] is superseded, except in suppression of the
things done or omitted to be done before such suppression to the extent that in case of all or
some types of applications made for PEC and pending on the date of final publication of this
Notification, the Central Government may relax any one or all provisions of this Notification
except the list of the projects or activities requiring PEC in Schedule I, or continue operation of
some or all provisions of the said notification, for a period not exceeding one (1) year from the
date of issue of this Notification.







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