59 1 Handbook Env Regulations English

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HANDBOOK

for Japanese companies’


investments in Gujarat:

ENVIRONMENTAL REGULATIONS GUIDE

Gujarat Pollution Control Board 松田綜合法律事務所


MATSUDA & PARTNERS

1st Edition
Message

This Handbook is drafted by MATSUDA & PARTNERS (M&P) to help Japanese


companies’ understanding of environmental law and regulations applicable to
investments in Gujarat and reviewed and commented by Gujarat Pollution Control
Board (GPCB) of Government of Gujarat, as per MOU between GPCB and M&P
carried out during Vibrant Gujarat 2013.

It is our pleasure if this Handbook helps Japanese companies’ deep understanding of


system of Gujarat and their smooth communication with Government of Gujarat.

Junichi Matsuda
Managing Partner
MATSUDA & PARTNERS

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

II. List of Environmental Regulations


A. Water (Prevention and Control of Pollution) Act, 1974 and Rules, 1975
• Who? – A company which is bringing into use any new or altered
outlet for discharge of sewage or trade effluent
• What to do? – Apply in Form-D to obtain the consent of GPCB
• Please also see CTE and CC&A below.
• Different water pollution standards are applicable to different
industries.1

B. The Air (Prevention and Control of Pollution) Act, 1981 and Rules, 1982
• Who? – A company which is establishing or operating any industrial
plant used for any industrial or trade purposes and emitting any air
pollution into the atmosphere
• What to do? – Apply in Form I and obtain the consent from GPCB
• Please also see CTE and CC&A below.
• “National Ambient Air Pollution Standards” are provided under the
rules (see Annex 1A).

C. Environmental Protection Act, 1986 (EPA)


• Who? – A company which is required to obtain consent from GPCB
under the Water Act or Air Act, or authorization under EPA
• What to do? – Submit environment statement in the prescribed form
by September 30 every year.

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


1

5
a. The Environmental Impact Assessment Notification, 2006
• Discussed in Environmental Clearance below.

b. The Noise Pollution (Regulation and Control) Rules, 2000


• Rules require noise from equipment/processes shall be
resulted in such a way that ambient noise remains within limit.
• The limit is provided as “Ambient Air Quality Standards in
respect of Noise” under the rules (see Annex 1B).

c. The Hazardous Waste (Management, Handling and


Transboundary Movement) Rules 2008
• Who? – Every occupier generating hazardous waste and
having a facility for collection, reception, treatment, transport,
storage and disposal of such wastes
• What to do? – Apply in Form 1 and obtain the authorization of
GPCB. Also, the industry is required to manage the
hazardous waste as per the rules.
• Discussed in CC&A below.
• Definition of hazardous waste is provided under the rules.

d. The Plastic Waste (Management and Handling) Rules, 2011


• Who? – ONLY a company manufacturing plastic carry bags or
multi-layered plastic pouches or sachets or like
• What are banned?
o Manufacture, stock, distribution or sales of any carry
bag made of virgin or recycled or compostable plastic
which is less than 40 microns in thickness is banned
o Use of plastic materials in sachets for storing, packing
or selling gutkha, tobacco and pan masala is banned

e. The Bio-Medical Waste (Management and Handling) Rules, 1998


as amended
• Who? – ONLY a company (i) generating bio-medical waste, or
(ii) operating facility for collection, reception, storage,
transport, treatment, disposal, etc.
• What to do? – Submit application (Form I) and obtain
authorization from GPCB

f. The Municipal Solid Waste (Management and Handling) Rules,


2000 as amended
• Rules are mainly applicable to municipalities and local body
and industry is simply required to segregate the wastes

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)

h. The Manufacture, Storage and Import of Hazardous Chemical


Rules, 1989
• Who? – ONLY a company engaging in manufacture, storage
and import of hazardous chemicals notified under the Rules
• What to do?
o Submit report to Central/State Pollution Control Board
(prescribed form) concerning possible accidents at the
storage site of such chemicals
o Submit report on storage and safety measures for
storage of such chemicals (prescribed form) within 3
months prior to storage
o Submit on-site emergency plan related to storage
o Submit information regarding import of such
chemicals prior to import

i. The Rules for the Manufacture, Use, Import, Export and storage
of Hazardous Micro-Organism Genetically Engineered Organism
Cell, 1989
• Who? – ONLY a company (i) manufacturing, importing and
storing micro-organisms and gene-technological products,
organisms/micro-organisms and cells generated by the
utilization of such other gene-technologies
• What to do? – Obtain approval of Genetic Engineering
Approval Committee (GEAC) and be subject to periodic review
of the safety and control measures by State Biotechnology Co-
ordination Committee (SBCC)

j. The Ozone Depleting Substance (Regulation and Control) Rules,


2000
• Who? – A company engaged in any process or part of a
process for making, altering, finishing, labeling, blending or
otherwise treating any Ozone Depleting Substances
• What to do? – Registration with the specified authority

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

l. Utilization of Fly Ash- Notification of Direction, 1999


• Who? – A company conducting building and construction
activity within 50 kilometers of coal or lignite based thermal
power plant
• What to do? – Promote utilization of fly ash in the
manufacture of building materials and construction activity

m. Eco-mark Resolution, 1991


• APPLICABLE ONLY IF a company wants to obtain eco-mark to
appeal to the public that it is eco-friendly.

D. The Public Liability Insurance Act, 1991


• Who? – ONLY a company associated with production or handling of
notified hazardous chemicals
• What to do? - Take out and renew insurance policy and inform District
Collector and GPCB upon accident caused by notified chemicals

E. The Environmental Audit Scheme, 1996


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

III. Process Flow-diagram for Environmental Permission in Gujarat


See Annex 2

IV. Consent/Clearance from Gujarat Pollution Control Board (GPCB) and


Other Applicable Environmental Regulations 2
A. Category of Consent/Clearance from GPCB, etc.

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


2

8
Environmental Clearance
if required, before construction

Consent to Establish
before construction

Consent to Operate
before starting opetation

B. Environment Clearance (EC)

i. EC is required ONLY IF a project industry falls under Category


A or B in the Schedule of Environment Impact Assessment
Notification (Annex 3). 3 Be noted that there are types of
manufactures that fall under none of these categories and
are not required to take EC. For example:
1. EC is generally not required for
a. Auto components or assembly 4
b. Home electronics
c. Textile industry (cotton garment)
d. Plastic compound
2. EC is generally required for
a. Chemical fertilizer
b. Pesticide
c. Synthetic organic chemicals (dyes, dyes
intermediate)
d. Integrated paint industry
ii. What to do?
1. Category A – “Form 1” (enclosing other materials) shall
be submitted to the central government authority (i.e.
Ministry of Environment and Forests, Government of
India.)
2. Category B projects – The same shall be submitted to
the State-Level Expert Appraisal Committee (i.e. SEAC)
iii. When to apply for EC (if required) – after the identification
of prospective site(s) and before commencing any
construction work or preparation of land.

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

9
iv. Procedure

•Screening by SEAC: only for Cat. B to further distingish B1 and B2


•Scoping and issuance of Terms of Reference by EAC/SEAC: for Cat. A and B1,
60 days respectively

•Public Consultation carried by GPCB


45 days •Applicant to provide Environmental Impact Assessment (EIA) Report

•Appraisal by EAC/SEAC
60 days

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


15 days

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


45 days

Note 1: A project is categorized “B2” if it is judged through


screening (within 60 days) to have only limited
environmental impact. Category B2 does not need public
consultation process.

Note 2: Scoping and public consultation are only for A and


B1.

Note 3: All projects or activities located within industrial


estates or parks (item 7(c) of the Schedule) approved by
the concerned authorities, and which are not disallowed
in such approvals are exempted from public consultation
process.

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


(NOC)
i. In order to establish a project, it is generally required to
obtain CTE before establishing a project (i.e. before
construction), pursuant to (i) Water (Prevention and
Control of Pollution) Act (Water Act), 1974, and (ii) Air
(Prevention and Control of Pollution) Act, 1981 (Air Act)
ii. Exception? – exempted if the relevant industry falls under
“Small Scale” and 100 small cottage (see Annex 4)
industries having no pollution published under the Office
Order of GPCB 5

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.

D. Consent to Operate, also known as Consolidated Consent and


Authorization (CC&A)

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


before the operation pursuant to Water Act, Air Act and the
Hazardous Waste (Management, Handling and Trans-
boundary Movement) Rules 2008, as amended under
Environment Protection Act, 1986 (Hazardous Waste Rules).
ii. Who to apply? – Anyone who want to start operating a
project
1. NOTE: There is no exemption.
iii. What to do? – To submit (again online through GPCB
website: http://gpcbxgn.gujarat.gov.in) combined forms of
(i) “Form D” under Water Act, (ii) “Form I” under Air Act, and
(iii) Form 1 under Hazardous Waste Act. Also to submit
monthly and annual return/forms.
iv. When? – Before starting operation.
v. What to be examined? – GPCB examines the efficacy of
installed pollution control measures, particularly: (i)
standard of discharge of waste water, (ii) air emission and
(iii) management rules on secured storage and disposal of
hazardous waste.
vi. How long will it take to obtain? – Theoretically up to 120
days but target is 2 months.
vii. CC&A shall be renewed every 5 years.

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

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


pollution control regulations

VI. NOTE 2: Red, Orange and Green Categories


Based on the pollution potential and resources consumption, industry is usually
categorized in the three categories: red, orange and green.

• Red: High pollution potential


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

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

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ANNEXURES

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.

(ii) Slurry (ii) All projects.


pipelines (coal
lignite and
other ores)
passing
through
national parks
/ sanctuaries /
coral reefs,
ecologically
sensitive
areas.
1(b) Offshore and All projects Note:
onshore oil Exploration Surveys (not
and gas involving drilling) are
exploration, exempted provided the
development concession areas have
& production got previous clearance
for physical survey
1(c) River Valley (i) ≥ 50 MW (i) < 50 MW ≥ 25 MW General Condition shall
projects hydroelectric power hydroelectric power apply
generation; generation;
(ii) ≥ 10,000 ha. (ii) < 10,000 ha.
ofculturable ofculturable command
command area area
1(d) Thermal Power > 500 MW “<500MW General Condition shall
Plants (coal/lignite/naphtha (coal/lignite/naphtha apply.
and gas based); and gas based); Note:
> 50 MW (Pet coke, <50 MW >5 MW (Pet (i) Power plants up to 15

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

2(a) Coal ≥ 1 million ton/annum <1million ton/annum General Condition shall


washeries throughput of coal throughput of coal apply

(If located within mining


area the proposal shall be
appraised together with
the mining proposal)
2 Mineral ≥ 0.1million ton/annum < 0.1million General Condition shall
(b) beneficiatio mineral throughput ton/annum mineral apply
n throughput
(Mining proposal with
Mineral beneficiation
shall be appraised
together for grant of
clearance)

3 Materials Production

a)Primary metallurgical General condition shall


3(a) Metallurgic industry - All projects apply.
al industries Note:
(ferrous & b) Sponge iron Sponge iron (i) The recycling
non manufacturing manufacturing industrial units
ferrous) ≥ 200TPD <200TPD registered under the
HSM Rules, are
c) Secondary exempted.
metallurgical processing Secondary (ii) In case of secondary
industry metallurgical metallurgical processing
processing industry industrial units, those

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.

3(b) Cement ≥ 1.0 million <1.0 million General Condition shall


plants tonnes/annum tonnes/annum apply
production capacity production capacity.
All Stand alonegrinding
units

4 Materials Processing

4(a) Petroleum All projects - -


refining
industry

4(b) Coke oven ≥2,50,000 tonnes/annum <2,50,000 & General Condition shall
plants - ≥25,000 apply
tonnes/annum

4(c ) Asbestos All projects - -


milling and
asbestos
based
products
4(d) Chlor-alkali ≥300TPD production (i) All projects General as well as
industry capacityor a unitlocated irrespective of the size, specific conditions shall
out side the notified if it is located in a apply.
industrial area/ estate Notified Industrial
Area/Estate. No new Mercury Cell
(ii) < 300 tonnes per based plants will be
day (TPD) and located permitted and existing
outside a Notified units converting to
Industrial Area/Estate.; membrane cell
technology are exempt
from the notification.;

4(e) Soda ash All projects - -


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

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(a) Chemical All projects except Single Single super phosphate -


fertilizers Super Phosphate.

5(b) Pesticides All units producing - -


industry technical grade
and pesticides
pesticide
specific
intermediat
es
(excluding
formulation
s)

5(c) Petro- All projects - -


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

5(d) Manmade Rayon Others General Condition shall


fibres apply
manufactur
ing

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

6(a) Oil & gas All projects -


transportati
on pipe line
(crude and
refinery/
petrochemi

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)

7 Physical Infrastructure including Environmental Services

7(a) Air ports All projects including - Note:


airstrips, which are for Air strips, which do not
commercial use.; involve
bunkering/refueling
facility and or Air Traffic
Control, are exempted.;

7(b) All ship All projects - -


breaking
yards
including
ship
breaking
units
7(c) Industrial If at least one industry in Industrial estates General as well as
estates/ the proposed industrial housing at least one specific conditions shall
parks/ estate falls under the Category B industry apply.
complexes/ Category A, entire and area <500 ha. Note:
areas, industrial area shall be 1. Industrial Estate of
export treated as Category A, area below 500 ha. and
processing irrespective of the area. not housing any

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).;

(ii) All projects located in

24
notified ecologically
sensitive areas.;

7(h) Common All projects General Condition shall


Effluent apply
Treatment
Plants
(CETPs)

7(i) Common All projects General Condition shall


Municipal apply
Solid Waste
Manageme
nt Facility
(CMSWMF)

8 Building /Construction projects/Area Development projects and Townships

8(a) Building ≥20000 sq.mtrs and “The built up area for


and <1,50,000 sq.mtrs. of the purpose of this
Constructio built-up area# Notification is defined
n projects as “the built up or
covered area on all the
floors put together
including basement(s)
and other service
areas, which are
proposed in the
building / construction
projects.”
8(b) Townships Covering an area ≥ 50 All projects under Item
and Area ha and or built up area 8(b) shall be appraised
Developme ≥1,50,000sq .mtrs as Category B1
nt projects.

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

Specific Condition (SC):


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

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

• Information of raw water usage (KL/Day)


• Information of waste water disposal (KL/Day)
• Information of ETP along with flow diagram
• Information of air pollution control system
• Adequacy certificate from Auditor (Only for CTE) regarding efficacy of
proposed EMS
• Name, address and mobile number of owners of industrial unit
• Certificate from talati regarding “Distance of nearby Places” (only for CTE)
• Authentic documents related to ownership of land (only for CTE)
• Map showing place and plan / Lay out of industry
• SSI Certificate and investment Certificate of C.A.
(show land, building, plant and machinery details separately)
• Treatability / Feasibility study report. (In case of pollution potential Unit)
• Notarized undertaking on Rs. 100/- stamppaper regarding “NOT
APPLICABILITY OF WATER ACT, AIR ACT and/or HAZARDOUS WASTE RULEs,
whichever is applicable
(in prescribed format).
• Form-V under Hazardous waste rules -2003 (in case of accident).
• Form-VI & Form-VII (in case of import of
Hazardous waste under Hazardous waste Rules-2003).
• Details of manufacturing process with process flow diagram Copy of earlier
issued CTE/CCA grant or rejection order (if issued).
• In case of reapply for the CTE/ CCA, submit compliance report of reasons
mentioned in the rejection Order issued by the Board.
• In case of renewal of CCA, submit compliance report of conditions given in
CCA order granted by the Board.
• Form-4 for Annual report under hazardous waste rules.
• Compliance report of remarks / suggestion given by the auditor in the
environment audit report. (3 pages)
• Environment statement form-V
• Certificate from Central Ground Water Authority
in case of use of ground water (For applicable Taluka only)
• Membership certificate of CETP and TSDF (if applicable) Form 12 and 13 ,
Annual report, If applicable
• Any other specified details, if asked.

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ANNEX 6: Red, Orange and Green Categories

List of RED category Industry

SI No. List of RED category Industries


1. Airports, and Commercial Air Strips
2. Aluminum smelter
3. Asbestos and asbestos based industries
4. Automobiles Manufacturing (Integrated facilities)
5. Basic Chemicals and electro chemicals and its derivatives including manufacture
of acids
6. Ceramic, Refractories
7. Cement
8. Chlor Alkali
9. Chlorates, perchlorates and peroxides
10. Chlorine, fluorine, bromine, iodine, and their compounds
11. Coal Washeries
12. Copper smelter
13. Coke making, liquefaction, coal tar distillation or fuel gas making
14. Common Treatment and disposal facilities (CETP, TSDE, E-Waste recycling,
CBMWTF, Effluent conveyance project, incinerators, Solvent/Acid recovery
plant, MSW sanitary landfill sites, STP)
15. Distillery including Fermentation industry
16. Dyes and Dye-Intermediates
17. Dry coal processing / mineral processing, industries involving ore sintering,
palletisation, grinding, pulvarization
18. Emuision of oil & water
19. Fermentation industry including manufacture of yeast, beer, distillation of
alcohol (ENA)
20. Fertilizer (basic) (excluding formulation)
21. Ferrous and Non ferrous metal extraction involving different furnaces through
melting, refining, reprocessing, casting and alloy making
22. Fibre glass production and processing (Excluding moulding)
23. Fire crackers manufacturing and bulk storage facilities
24. Flakes from rejected PET bottle
25. Fly ash export, transport and disposal facilities
26. Health care establishment (As defined in BMW Rules)
27. Heavy engineering including Ship Building (With investment on Plant &
Machineries more than 10 Crores)
28. Hot mix plants
29. Hotels (3 Star & above) and Hotels having 100 rooms and above
30. Hydrocyanic acid and its derivatives
31. Industrial carbon including electrodes and graphite blocks, activated carbon,
carbon black
32. Industrial estates / parks / complexes / areas / export processing zones / SEZs /
Biotech parks / leather complex
33. Industrial inorganic gases namely: -
a) Chemical gases: Acetylene, hydrogen, chlorine, fluorine, ammonia, sulphur
dioxide, ethylene, hydrogen sulphide, phosphine
b) Hydrogen gases: Methane, ethane, propane

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

Sl No. List of Orange Category Industries


1. Almirah, Grill Manufacturing
2. Aluminium and copper extraction from scrap using oil fired furnace
3. Automobile servicing, repairing and painting (excluding only fuel dispensing)
4. Ayurvedic and Homeopathic medicine
5. Bakery & confectionery units with production capacity > 1tpd
6. Biaxially oriented PP film alongwith metalising operation
7. Brickfields (excluding fly ash brick manufacturing using lime process)
8. Building & construction projects more than 20,000 Sq mtr built up area
9. Cashew nut processing
10. Chanachur and ladoo from puffed and beaten rice (muri and chira) using husk
fired oven
11. Chilling plant, cold storage and Ice making
12. Coffee seed processing
13. Coke briquetting (sun drying)
14. Cotton spinning and weaving (medium and large scale)
15. Cutting, sizing and polishing of marble stones
16. Dairy and dairy products (small scale) (capital investment on plant & machinery
< 1 crore)
17. Dal Mills
18. DG Set of capacity > 1 MVA but < 5 MVA)
19. Digital printing on PVC cloth
20. Dismantling of rolling stocks (wagons / coaches)
21. Dry cell battery (excluding manufacturing of electrodes) & assembling &
charging of acid lead battery in micro scale [< 25 lakhs]
22. Emery poweder (fine dust of sand) manufacturing
23. Engineering and fabrication units (With investment of Plant & Machineries < 10
Crores)
24. Excavation of sand from the river bed (excluding manual excavation)
25. Facility of handling, storage and transportation of food grains in bulk
26. Fertiliser (granulation and formulation only)
27. Fish feed, poultry feed and cattle feed
28. Fish processing and packaging (excluding chilling of fish)
29. Foam manufacturing
30. Food & food processing including fruits & vegetable processing
31. Forging of ferrous & non-ferrous metal (using oil or gas boilers)
32. Formulation / palletization of camphor tables, napthalene balls from camphor /
napthalene powders
33. Glass, ceramic, earthen potteries and tile manufacturing using oil or gas fired
kiln, Coating on glasses using cerium fluoride, magnesium fluoride etc.
34. Glue from starch (physical mixing)
35. Gravure printing, digital printing on flex, vinyl
36. Heat treatment using oil fired furnace (excluding cyaniding)
37. Hotels (Less than 3 star) or hotels having 20 rooms or above and less than 100
rooms
38. Ice cream
39. Infrastructure development project
40. Jute processing without dyeing

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

SL No. List of Green Category Industries


1 Assembling of Acid lead battery (up to 10 batteries per day excluding lead plate
casting)
2 Aluminium utensils from aluminium circles
3 Assembly of air coolers/conditioners, repairing and servicing
4 Assembly of bicycles, baby carriage and other small non-motorised vehicles
5 Automobile fuel outlet (only dispensing)
6 Ayurvedic and Homeopathic medicine (without boiler)
7 Bailing (hydraulic press) of waste papers
8 Bakery/Confectionery/Sweets production (with production capacity < 1tpd with
oil gas or electrical oven)
9 Bio fertilizer & bio-pesticide without using inorganic chemicals
10 Biomass Briquettes (sun drying) without using toxic or hazardous wastes
11 Biscuit trays etc. from rolled PVC sheet (using automatic vaccum forming
machine)
12 Blending and packing of Tea
13 Blending of melamine resins & different powder, additives by physical mixing
14 Block making for printing without foundry (excluding wooden block making)
15 Brass & Bell metal utensils manufacturing from circle (without re-Rolling
facility)
16 Candy
17 Cardboard or corrugated box and paper products (excluding paper or pulp
manufacturing and without using boiler)
18 Carpentry and wooden furniture manufacturing (excluding saw mill) with the
help of electrical (motorized) machines such as electric wood planner, steel saw
cutting circular blade etc.
19 Cement products (without using Asbestos) like pipe, pillar, jafri, well ring,
blocks/tiles etc. (should be done under closed covered shed to control fugitive
emissions)
20 Ceramic colour manufacturing (not using boiler and wastewater recycling
process)
21 Chalk making from plaster of pans
22 Chilling plant and Ice making without use of ammonia
23 Coated electrode manufacturing
24 Compact disc, computer floppy & cassette manufacturing
25 Compressed oxygen gas from crude liquid oxygen
26 CO2 recovery
27 Cotton and woolen hosiery making (SSl & Cottage industries)
28 Cotton spinning & weaving (small scale)
29 Decoration of ceramic cups & plates by electric furnace
30 Diesel Generator sets (15 KVA to 1MVA)
31 Diesel pump repairing & servicing
32 Distilled water
33 Electric lamp (bulb) manufacturing (small scale)
34 Electrical & electronic items assembling
35 Flavoured bettle nut production/grinding
36 Flour mills (dry process)
37 Fly ash bricks/blocks manufacturing

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.

• MATSUDA & PARTNERS


Address: Asahi Seimei Otemachi Bldg 7F, 2-6-1 Otemachi, Chiyoda-ku, Tokyo
100-0004, JAPAN
Tel: +81-3-3272-0101 / Fax: +81-3-3272-0102
Website: http://www.jmatsuda-law.com

India Practice Group


Person in charge:
Tatsuhiro Kubo Mail: kubo@jmatsuda-law.com,
Indian mobile: +918800399498

• GUJARAT POLLUTION CONTROL BOARD


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

------------------------------------------------------------------------------------------------------

HISTORY:
August 15, 2013: Publication of 1st Edition (English version)
November 15, 2013: 1st Edition Reviced version (English version)
1st Edition (Japanese version)

*To download the latest version, please visit our website.


http://www.jmatsuda-law.com/info/dl/

40

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