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59 1 Handbook Env Regulations English
59 1 Handbook Env Regulations English
59 1 Handbook Env Regulations English
1st Edition
Message
Junichi Matsuda
Managing Partner
MATSUDA & PARTNERS
1
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
2
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.
3
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
4
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
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).
5
a. The Environmental Impact Assessment Notification, 2006
• Discussed in Environmental Clearance below.
6
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)
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)
7
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
8
Environmental Clearance
if required, before construction
Consent to Establish
before construction
Consent to Operate
before starting opetation
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.
9
iv. Procedure
•Appraisal by EAC/SEAC
60 days
5
If the amount of investment is less than 50 Million Rs, it is “Small Scale”.
10
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.
11
viii. Information check list for CC&A as well as CTE above is
attached as Annex 5.
12
ANNEXURES
13
ANNEX 1A: National Ambient Air Quality Standards
14
15
Annex 1B: Ambient Air Quality Standards in respect of Noise
The Noise Pollution (Regulation and Control) Rules, 2000
16
ANNEX 2: Process Flow-diagram for Environmental Permissions in Gujarat
17
ANNEX 3: List of Projects or Activities Requiring Prior Environmental
Clearance (Paragraph 2 and 7 of the EIA Notification, 2006, as amended 6)
Category with threshold limit
Project or Activity Conditions if any
A B
1 Mining, extraction of natural resources and power generation (for a specified production
capacity)
1(a) (i)Mining of >50 ha of mining <50 ha >5 ha of mining General Condition shall
minerals. lease area in respect lease area in respect of apply.
of non-coal mine non-coal mine lease. Note: Mineral
lease. <150 ha > 5 ha of prospecting is
mining lease area in exempted.
>150 ha of mining respect of coal mine
lease area in respect lease.
of coal mine lease.
Asbestos mining
irrespective of mining
area.
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.
18
diesel and all other coke, diesel and all MW, based on biomass
fuels including other fuels including and using auxiliary fuel
refinery residual oil refinery residual oil such as
waste except waste except coal/lignite/petroleum
biomass); biomass); products up to 15% are
> 20 MW (based on <20MW > 15MW exempt.
biomass or non (based on biomass or (ii) Power plants up to
hazardous municipal non hazardous 15 MW, based on non-
solid waste as fuel).”; municipal solid waste hazardous municipal
as fuel).”; 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 All projects -
projects and
processing of
nuclear fuel
2 Primary Processing
3 Materials Production
19
All toxic and heavy metal projects involving
producing units i.)All toxic operation of furnaces
≥20,000 tonnes /annum andheavymetal only such as induction
producing and electric arc furnace,
units submerged arc furnace,
- <20,000 tonnes and cupola with
/annum capacity more than
30,000 tonnes per
ii.)All other annum (TPA) would
non –toxic require environmental
secondary clearance.
metallurgical (iii) Plant/units other
processing industries than power plants
(given against entry no.
>5000 tonnes/annum 1(d) of the schedule),
based on municipal
solid waste (non-
hazardous) are
exempted.
4 Materials Processing
4(b) Coke oven ≥2,50,000 tonnes/annum <2,50,000 & General Condition shall
plants - ≥25,000 apply
tonnes/annum
20
n/hide industrial area or of projects located specific conditions shall
processing expansion of existing within a notified apply.
industry units out side the industrial area/ estate
industrial area
5 Manufacturing/Fabrication
5(e) Petrochemi Located out side the Located in a notified General as well as
cal based notified industrial area/ industrial area/ estate specific conditions shall
processing estate apply.
(processes -
other than
cracking &
reformation
and not
covered
under the
complexes)
5(f) Synthetic Located out side the Located in a notified General as well as
organic notified industrial area/ industrial area/ estate specific conditions shall
chemicals estate apply.
industry
21
(dyes & dye
intermediat
es; bulk
drugs and
intermediat
es
excluding
drug
formulation
s; synthetic
rubbers;
basic
organic
chemicals,
other
synthetic
organic
chemicals
and
chemical
intermediat
es)
5(g) Distilleries (i)All Molasses based All Cane juice/non- General Condition shall
distilleries molasses based apply
distilleries
(ii) All Cane juice/ non- –
molasses based <30 KLD
distilleries ≥30 KLD
5(h) Integrated - All projects General Condition shall
paint apply
industry
5(i) Pulp & Pulp manufacturing and Paper manufacturing General Condition shall
paper industry without pulp apply
industry Pulp& Paper manufacturing
excluding manufacturing industry
manufactur -
ing of paper
from waste
paper and
manufactur
e of paper
from ready
pulp with
out
bleaching
5(j) Sugar - ≥ 5000tcd cane General Condition shall
Industry crushing capacity apply
6 Service Sectors
22
cal
products),
passing
through
national
parks /
sanctuaries
/ coral reefs
/
ecologically
sensitive
areas
including
LNG
Terminal
6(b) Isolated - All projects General Condition shall
storage & apply
handling of
hazardous
chemicals
(As per
threshold
planning
quantity
indicated in
column 3 of
schedule 2
& 3 of
MSIHC
Rules 1989
amended
2000)
23
Zones industry of Category ‘A’
(EPZs), Industrial estates with or ‘B’ does not require
Special area greater than 500 ha. Industrial estates of clearance.
Economic and housing at least one area> 500 ha. and not 2. If the area is less than
Zones Category B industry. housing any industry 500 ha. but contains
(SEZs), belonging to Category building and
Biotech Aor B. construction projects >
Parks, 20,000 Sq. mtr. and or
Leather development area more
Complexes. 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 All integrated facilities All facilities having General Condition shall
hazardous having incineration land fill only apply
waste &landfill or incineration
treatment, alone
storage and
disposal
facilities
(TSDFs)
7(e) Ports, ≥ 5 million TPA of cargo < 5 million TPA of General Condition shall
harbours, handling capacity cargo handling apply
break (excluding fishing capacity and/or Note:
waters, harbours) ports/ 1. Capital dredging
dredging. harbours≥10,000 TPA inside and outside the
of fish handling ports or harbors and
capacity 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 (i) All New State General Condition shall
ways; and Highway Projects. apply.
ii) Expansion of National (ii) State Highway
High ways greater than expansion projects in Note:
30 KM, involving hilly terrain (above Highways include
additional right of way 1,000 m AMSL) and or expressways.;
greater than 20m ecologically sensitive
involving land acquisition areas.”;
and passing through
more than one State.
7(g) Aerial (i) All projects located at All projects except General Condition shall
ropeways altitude of 1,000 mtr. those covered in apply
and above. column (3).;
24
notified ecologically
sensitive areas.;
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.”
25
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).
26
ANNEX 4: Industries Exempted from Consent to Establish (CTE)
27
28
29
ANNEX 5: Information Check List for CTE and CC&A
30
ANNEX 6: Red, Orange and Green Categories
31
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
32
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.
33
List of Orange Category Industries
34
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
35
List of Green Category Industries
36
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)
37
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)
38
39
CONTACT:
Should you have any queries on the content of this Handbook, please feel free to
contact any of the following persons.
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HISTORY:
August 15, 2013: Publication of 1st Edition (English version)
November 15, 2013: 1st Edition Reviced version (English version)
1st Edition (Japanese version)
40