Environmental Aspect

for
Road & Highway Projects
In India
September 27th , 2019

Delivered by

Ankur Modi
Consultant, Environmental Engineer and R & R Specialist
LEA Associates South Asia Pvt. Ltd.
Email: ankur@lasaindia.com
ENVIRONMENTAL CLEARANCE (EC)

COASTAL REGULATORY ZONE

(CRZ - CLEAREANCE )

FOREST CLEAREANCE (FC)

WILDLIFE CLEAREANCE

CLEAREANCE FROM PCB (CTE)

ENVIRONMENTAL MANAGEMENT PLAN
(EMP)

INTIGRATING EMP INTO

CONTRACT BID DOCUMENT

CONTRACT CONDITIONS - CLAUSE ON

PROTECTION OF ENVIRONMENT
PENALTY – MAJOR / MINOR LAPSE

EFFECTIVE IMPLIMENTATION OF EMP

 PROJECTS IN THE RECENT PAST
COMBINATION OF CLEARANCES
EXAMPLE :

GSHP II under Financial Assist. From the World Bank

FC & CTE

GSRDC VGF Project (A-V-M; H-G-Sh., R-J-V) : 500 Km.

EC + FC + CTE; Wildlife NOC

GSRDC Sarkhej– Wataman – Bhavnagar Project :

EC + CRZ + CTE + WL C + FC)

Dholera Project (EC + CRZ + CTE + FC)

 INFORMATION SOURCE

MoEF & CC Website : www.envfor.nic.in

www.moef.nic.in

IRC :SP:108 – 2015

GUIDLINES ON PREPARATION AND IMPLIMENTATION OF
ENVIRONMENTAL MANAGEMENT PLAN (EMP)

IRC : SP : 93 – 2011 (MARCH 2011)

GUIDELINES ON REQUIREMENTS FOR CLEAREANES IN ROAD
PROJECTS (ENVIRONMENTAL)

EIA GUIDANCE MANNUAL FOR HIGHWAYS

MoEF (& CC), GoI (MAY 2010)

IRC : 104 – 1988

(GUIDELINES FOR EIA OF HIGHWAY PROJECTS)
 Organization of Presentation
About Environment

Environmental Legislations in India

Legislations Applicable to Highway Project

Prior Clearances

Construction Stage Clearances

 Environment
The word “environment” refers to our surroundings
– the context within which we exist.

All things, living or non-living, exist surrounded by other

things, and therefore all have an environment.
For humankind, the environment means, on a broad scale,
the biospher.

7
 Biosphere
The biosphere is that portion of the earth atmosphere system which
supports life, and is characterized by its existence. It includes the
oceans, the continental landmasses, and the lower atmosphere.

The basic structural unit of the biosphere is the

ecosystem. Each ecosystem occupies a space in
which homogeneous conditions prevail, regardless
of scale. Area can be defined in terms of a few
hundred square meters or thousands of square
kilometers, and depth can vary from a few
centimeters (desert soil) or dozens of meters
(tropical rain forest) to kilometers (oceans).

8
 

Environmental Legislations
in India
- A Brief Overview
 Introduction

 India is among those few countries of the

world, have provision for “Constitutional
Safeguards” for the protection and
preservation of the environment.
 Conservation, protection and preservation
of the environment have been the
cornerstone of the Indian ethos, culture and
traditions.

10
 Constitutional Provisions
 42nd Constitutional Amendment (1976)
identifies the “Fundamental Duties of the
Citizen”
 The Article says “ it shall be the duty of every
citizen of India to protect and improve the
natural environment including forest lakes,
rivers and wildlife and to have compassion
for living creatures”.
 Obliges and empowers the state “to protect
and improve the environment”
 The “Supreme Court of India” has been
empowered to issue direction, orders or writs
related to the fundamental rights and duties
guaranteed by the constitution. 11
 Other Constitutional Provisions
 The Constitution has clearly defined the powers of
“State” and “Central Governments” to make
various Legislations Including environmental
related matters
 The Parliament of India and Legislatures of any
State has exclusive powers to make laws with
respect to any of the matter enumerated in the List
I and II of the Schedule VII of the Constitution
 In addition to this, they have concurrent powers to
make laws on any subject enumerated in list III of
the schedule.
 Environmental Legislative powers are provided in
all the three lists mentioned above
12
 Contd.
 Besides, the Constitution also makes
provisions for Parliament to make laws in
respect of the matters assigned to the
“States” or contained in the List II.
 The Parliament has been empowered to make
legislations:
- In the “National interest” (Article 249)
- During “Emergency” (Article 250)
- Under President’s Rule (Article 356)
- To implement “International Agreements”
(Article 253)
- With the “Consent of the States” (Article 252)

13
ENVIRONMENTAL
LEGISLATIONS
APPLICABLE
TO
HIGHWAY
PROJECTS
14
 ENVIRONMENTAL LEGISLATION

Water (Prevention and Environmental

Control of Pollution) Forest
Protection Act,
Act, 1974 Conservation
Water (Prevention 1986
Act, 1980
and Control of
Wildlife Pollution) Cess, Air (Prevention
Protection, Act, Act,1977 and Control of
1972 Pollution) Rules

1972 1974 1975 1977 1978 1980 1981 1982 1983 1986

Water (Prevention and Air (Prevention and

Control of Pollution) Control of
Cess Act, Amendment Pollution) UT Rules

Water (Prevention and Air (Prevention and

Control of Pollution), Control of
Rules,1975 Pollution) Act, 1981

15
 ENVIRONMENTAL LEGISLATION
Air (Prevention and Manufacture,
Control of Pollution) Storage and Water (Prevention National
Act, Amendment, import of and Control of Environment
1987 Hazardous Pollution) Cess Tribunal Act ,
Chemical Rules, Act, Amendment 1995
1989 1992

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996

Declaration of
Coastal Stretches as
Coastal Regulation EIA The Chemical
Water (Prevention and Notification, Accidents
Zone (CRZ),1991
Control of Pollution) Act, 1994 (Emergency
amendment, 1988 Planning,
Public Liability Preparedness
Insurance Act, 1991 and Response)
Forest Conservation
Act, Amendment, 1988 Rules, 1996
Forest (Conservation)
Rules, Amendment
1992

16
 ENVIRONMENTAL LEGISLATION
Noise Pollution
(Regulation & Environmental
Forest Conservation Impact
Control) rules,
Rule, 2003 Assessment
2000
National Environment Water Cess, Act Notification, 2006
Appellate Authority Amendment 2003 Scheduled Tribes and
Batteries
Act, Amendment, Hazardous Wastes Other Traditional
1998 (Management &
(M&H) Rules, Forest Dwellers
Handling) Rules,
amendment 2003 (Recognition of Forest
2001
Fly Ash Amendment, Rights) Act, 2006
2003

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

Fly Ash Wild Life

WLP
Act, 1999 Biological Diversity (Protection)
Amendment
National Environnent Act, 2002  Environment Amendment
Appellate Authority Act, 203 
Protection Act, 2006 
Act, 1997
Municipal Solid Wastes (Management and Amendment
Handling) Rules, 2000 Rule 2005
Manufacture, Storage and import of
Hazardous Chemical Rules, Amendment , Biological Diversity
2000 Rule, 2004 
17
 ENVIRONMENTAL LEGISLATION

EIA Notification, Amendment to EIA

Hazardous Notification, 2013
Amendment,
Materials
2009
(MH&TBM)
CRZ Notification, Amendment to EIA
Rules, 2007
2011 Notification, 2015

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Notification on Public Hazardous and Other Wastes

Liability
Insurance Act, 2008
Hazardous waste The National Green
(MH &TBM) Tribunal Act, 2010
Rules, 2008 Batteries(M&H)
Amendment Rules,2010
Wetlands Conservation &
Management Rules, 2010
Noise amendment Rules, 2010
(M&TBM) Rules, 2016
Amendment to Fly Ash Act Amendment, 2016
EIA Notification, 2012
Environment (Protection)
Amendment Rules, 2012.
18
 SOCIAL LEGISLATION
Right to Fair Compensation and
Transparency in Land Acquisition and
Resettlement and Rehabilitation Act, 2013

Land
Acquisition Act The Scheduled Tribes and Other
Proposed Amendments
LAQ 1894 Traditional Forest Dwellers (Recognition
in Land Acquisition Act
of Forest Rights) Act, 2006

1947- 2011
1894 1996 2006 2013 2014 2015 2016
48 -12

Provisions of the Panchayats Gujarat Land Acquisition

Draft Land
(Extension to the Scheduled (Amendment Act), 2016
Acquisition Act, 2013
Areas) Act, 1996

Land Acquisition
Bill in Parliament

19
Some Important Environmental Legislations
 The Water (Preservation and Control of Pollution) Act
(1974)
 The Air (Preservation and Control of Pollution) Act
(1981)
 The Wildlife (Protection) Act (1972)
 The Forest (Conservation) Act (1980)
 The Environment (Protection) Act (EPA)(1986)
containing The Environment (Protection) Rules (1989)
(Umbrella Legislation)
 Environment Impact Assessment (EIA) Notification
(1994 / Amended 2006)
 CRZ / CMZ Notification
 The Factories Act (1987).
 HEALTH AND SAFETY (WORKERS) ACT
20
Legislations Applicable to Highway Project
GOI Policies & Regulations Year Objective
Environmental (protection) Act 1986 To protect and improve overall
environment
Air (Prevention & Control of 1981 To control air pollution by controlling
Pollution) Act emission and air pollutants according to
prescribed standards
Water (Prevention and Control 1974 To control water pollution by controlling
of Pollution) Act emission & Water pollutants as per the
prescribed standards
Forest (conservation) Act 1980 Protection of forests
The Wildlife (Protection) Act 1972 Protection Wild Life
Hazardous Waste Management 2003 Categorization, Management and disposal
Rules of hazardous waste
The Land Acquisition Act 1894 & Set out rule for acquisition of land by
1989 Government.
EIA Notification 2006 Environmental clearance procedure
Coast Regulation Zone & 1991 Regulation of activities on coastal areas
Coastal Management Zone
MoEF & CC Notification, 2003 Use of Fly ash, bottom ash or pond ash in
the manufacture of brick and other
construction activities
21
 Implementing Agencies
 Ministry of Environment Forest and Climate
Change (MoEF & CC) – Main Nodal Agency for
Planning, Promotion and Coordination of
environmental legislations and forestry related
issues.

 CPCB / SPCBs / PCB (in UT’s) are the

enforcement agencies, which oversee the
compliance of various environmental rules and
regulations.

 Several States and UTs have enacted (i.e. made

more stringent) their own legislations enacted
by the Govt. of India.
Prior
Clearances

23
 List of Clearances
 Environmental Clearance
– From MoEF & CC or SEIAA
 CRZ Clearance
– From CZMA & MoEF & CC
 Forest Diversion
– From State Forest Dept & MoEF & CC
 Wild Life area Diversion
– From State Forest Dept, MoEF & CC and Supreme Court
 Tree cutting Permission
– Forest Department
 NOC/ Consent to Establishment
24
– Pollution Control Board
 EIA/EC ( Environmental Clearance)
Process in India
• 1978 - Hydro Projects, Thermal Power Projects
Subjected to Environmental Assessment
• 1980-1994 - DoEn. / MoEF & CC Made EIA Studies an
Essential Requirement for all Projects Requiring PIB
(Public Investment Board) Approval
• EIA for “Environmental Clearance” Made Mandatory :
EIA Notification( Jan, 27th, 1994) through EPA (1986)
• 1994- 2006 : EIA Notification of 1994 Initially Listed
29 Category/Type of Projects , Later expanded to 32
to Include Construction & Area Development Projects
• Earlier, Only MoEF & CC Assigned Responsibility of the
Appraisal of Projects for EC
 Introduction
 Prior to 1994, Roads and highway projects,
as such , were not Included in EIA.

 In May 27th, 1994 EIA notification, Roads and

Highways Projects( > Rs. 50 Crores) Along With
Other 28 Type of Projects were Brought Under
EIA Purview
Contd.
 ADD. WORK LOAD in EC Process
under EIA Notification, 1994
• Cumbersome (Long) procedure
• Disproportionate details sought with
applications
• Delay in appraisal meetings
• Time consuming and requiring undue
effort
• Reopening of technical issues during
various stages of appraisal
• Poor quality of EIA studies by
consultants
• Delays by other concerned agencies
 Background - Revised EIA Notification
(Sept. 14th , 2006)
 “Govindarajan Committee” on “Investment Reforms: set
up by the Central Government Recommended
“Revamping Regulatory Approval Procedures” of the
Government at all Levels, Including “Re-Engineering of
Environmental Clearance Process”
 EIA Notification Dated Sept. 14th, 2006 Issued by MoEF
& CC, Replacing Jan. 27th, 1994 EIA Notification
 Different Industrial/Developmental Projects/
Processes/ Activities Divided into 8 Major Categories
Requiring “Prior” (EC)
 Categorization Based on Spatial Extent of Potential
Impacts on Human Health and Natural & Man- Made
Resources

28
 Environmental Clearance of Highway Projects -
Salient Features of EIA Notification
( Sept. 14th, 2006)
 Kept Under Item 7(f) - Page 10, & 17,
EIA Notification 14 Sept.,2006
 Appraised Both at Centre (Category A) as well as State
Level (Category B), Depending Upon Criteria Specified
Under EIA Notification
 General Condition (GC) Applies
 Category “A” : (i) New National Highways (NHs) and
(ii) Expansion of NHs > 30 km Involving Additional
ROW > 20m Involving Land Acquisition and Passing
Through More Than One State
 Category “B” : (i) New State Highways (SHs) (ii)
Expansion of NHs/SHs > 30km Involving Additional
ROW > 20m Involving Land Acquisition
 EIA Notification 2006
‘A’ Category (MoEF & CC)
Environmental Clearance from the MoEF & CC is required for Highway project
i.e.
i) New National High ways
ii) Expansion of National High ways greater than 30 KM, involving additional
right of way greater than 20 m involving land acquisition.

‘B’ Category (SEIAA)

i) New State High ways; and
ii) Expansion of State Highways greater than 30 km involving additional
right of way greater than 20m involving land acquisition.
EIA Notification 14 Sept.,2006
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 Wild Life (Protection) Act, 1972, (ii) Critically Polluted areas as
notified by the Central Pollution Control Board from time to time, (iii) Notified Eco-
sensitive areas, (iv) inter-State boundaries and international boundaries.
30
 Salient Features of Revised EIA
Notification- Contd.
 The Process of EC Decentralized, Depending Upon
Category (“A” or “B”)
 Environmental Appraisal by MoEF & CC (Category “A”
Projects) & Environmental Impact Assessment
Authority (SEIAA) (Category “B” Projects ) Through
Expert Appraisal Committee ( EAC) at Central Level
and/or Respective States through SEAC
 Category “B” Further Divided Into “B1” and “B2”
 B2 Category Projects/Activities do not have to Carry
Out EIA for EC ( Decided by SEIAA/SEAC)
 Another Important Feature - Introduction of “Public
Consultation (PC)” Instead of “Public Hearing(PH) ” as
per “Detailed Procedure” Specified Under EIA
Notification
Salient Features of Revised EIA
Notification- Contd. PH Flow Chart

 Public Consultation Includes Public Hearing along with

seeking Written Comments from Various Stakeholders
 Takes into Account “Concerns” of Various Stakeholders, While
Taking Any “Informed” Decision Regarding EC
 On The Basis of PC, Many Times EAC Includes Certain
Conditions, While Granting EC to the Concerned Project As
Part of their :
 Environmental Monitoring Program and/or
 Post Project Monitoring (PPM) and/or
 To Strictly Adhering to Certain Conditions During Different
Stages (viz., Pre - Construction, Construction & Operation)
of Project Activity
 Considered as “Soul” of the EC Process
 PC is “Must” for “All Category A and BI Projects” Except
Under Certain Conditions Clearly Specified Under the
“Revised EIA Notification”
 Amendment in the
Sept.14,2006 Notifications
Amendment vide December 2009 Notification.
Dec. 2009 Notifi.
Page 22
 Amendment in the General Conditions
 Amendment in the Category B Projects
 Amendment in the FORM – 1 (EC Application)
Slide No. 55, 56, 57
58 & 59

Amendment vide 4 April 2011 Notifications.

Latest Amendment vide

4 April,2011 Notification (Page 6)

 General Condition (GC)
 All Category “B” Projects will be Treated as
Category “A” Projects, if they meet GC & is
Applicable for that Particular Category( 1-8) of
the Project
 If Located within 10 Km from the Boundary of

(i)Protected Area [Notified under Wildlife

(Protection) Act (1972)]
(ii) Critically Polluted Area as Notified by CPCB
(iii)Notified Eco-Sensitive Areas
(iv)Inter-State Boundaries and International
Boundaries
General Condition (GC)- Amendments
 Several Amendments Made in Sept. 2006 EIA
Notification on Dec. 3rd, 2009
 Amongst Others, It has Implication on “GC”
 If Located within 10 Km from the Boundary of

(ii) Critically Polluted Area as “Identified” by CPCB

(iii)Notified Eco-Sensitive Areas “as Notified Under
Section 3 of EPA(1986) such as Mahabaleshwar,
Matheran, Panchmari, Dahanau, Doon Valley
(iv)Inter-State Boundaries and International
Boundaries - be Completely done way With or
Reduced With by An agreement Between
Respective States/UT(s)
 Significance of Amendments to EC of
State Highway Category Projects
 Significant Bearing For Category ‘B’ Projects
 Earlier “Category B” Criteria Substituted With New
Criteria
 Applicable to “All State Highway Projects” and
“State Highway Expansion Projects” in Hilly Terrain
(> 1,000 m AMSL) and or Ecologically Sensitive
Areas
 Now “Highways” Also Include “Expressways”
 To Fill Revised Form 1 and Submit it Appropriately
for EC, Followed by Revised “Post Environmental
Monitoring” Procedure Like Other Projects Seeking
EC
 

The Process of Obtaining

Environmental Clearance
 EC Flow Chart

38
 Environment Assessment (EIA) Process of Highways
Projects
(As Per the Revised EIA Notification, Sept.14th, 2006)

39
 Public Consultation Procedure as Part of “Environmental
Clearance” of Road / Highway Projects (As Per the Revised EIA
Notification, Sept.14th, 2006)
 Different Stages of Environmental
Clearance
• Screening
- Whether EIA is Required or not ?
- Determination of the Category (A or B)
- Screening for Category B Projects (B1 or B2)
 Scoping
(To determine the TOR)
 Public Consultation
 Appraisal
- By Environmental Appraisal Committee
-Category A (EAC at MoEF & CC at Central Govt.)
- Category B1 (State level EAC by SEIAA)
 Screening
• No Screening Required for Category “A” Projects
• Category B Projects Further Screened at State for Categorization
of B1 and B2

EIA, Public
Category B 1 Consultation(PC)

Category B EC by SEIAA

Category B 2 No EIA/PC

• Apply in “Form I” for Screening

 Scoping
• Determination of Terms of Reference(TOR)
• Scoping Required for Category “A” and Category
“B1” Projects Upon finalization of Site

Application in Form I & ToR

Pre Feasibility Report

EAC/SEAC to Determine ToR for

Preparation

Intimation of ToR to Project

Proponent and display in Website
 Conclusions – EC Process
 Revised EIA Notification (Sept. 14th, 2006)
improvement over Earlier EIA Notification (May 24 th,
1994)
- Decentralization of Environmental Clearance (EC)
Process
- Screening Criteria - Pollution Potential of the Project/
Activity (Instead of Rs. 50 Crore Criteria)
- Reduced time for whole Appraisal Procedure
- Other clearance process can go on concurrently
- Basic Essence of Public Hearing (PH) in Environmental
Clearance process Retained with Rationalization
- Scope of PH expanded to Public Consultation (PC)
 Despite shortcomings, EIA is the most accepted process
for bringing environmental considerations in decision
making process.
 CRZ - CLEAREANCE

COASTAL REGULATORY ZONE

COASTAL MANAGEMENT ZONE

 Corridor passes thorugh CRZ / CREEKS
Sarkhej – Wataman – Bhavnagar / Proposed Dholera Expressway
 Criteria / Applicability of CRZ
CRZ classification of the area is under CRZ –I B,CRZ-III & CRZ IV; which are
applicable for the project as Proposed expressway crosses Bhogavo (Ch.60.150
& 61.000), Ghelo (Ch. 69.315), Bhadar (Ch. 78.110) and Lilka river (Ch. 93.430 &
101.770).

1. CRZ-I B : The area between Low Tide Line and High Tide Line;

2. CRZ-III : Areas that are relatively undisturbed and those do not belong to either
CRZ-I or II which include coastal zone in the rural areas (developed and
undeveloped) and also areas within municipal limits or in other legally designated
urban areas, which are not substantially built up.
3. CRZ-IV:
A. the water area from the Low Tide Line to twelve nautical miles on the seaward
side
B. Shall include the water area of the tidal influenced water body from the mouth
of the water body at the sea upto the influence of tide which is measured as five
parts per thousand during the driest season of the year.
(It shall be ensured that no discharges takes place to the water bodies and no
obstruction caused to the water bodies. Also, no storage areas and temporary
dwelling units shallbe developed in the CRZ areas. No mining activities shall be
carried out in the CRZ area.
 Coastal Regulation Zones(CRZ) Rule (1991) under Environment
Protection Rules(1986)

“Coastal stretches of seas, bays, estuaries creeks, rivers

and backwaters which are influenced by tidal action (in the
landward side) up to 500 m from the HTL and the land
between the LTL and HTL as the Coastal Regulation Zone
(CRZ)”.
Types of Coastal Regulation Zones

(i) CRZ I Ecologically sensitive and important areas e.g.

National Parks, Sanctuaries, Mangroves etc.
(ii) CRZ II Areas already developed
(iii) CRZ III Areas relatively undisturbed and not included in
CRZ I& II
(iv) CRZ IV Areas belonging to Andaman &Nicobar and
Lakshadweep
Depending upon the zone the developments or construction
activities are regulated by the concerned coastal zone Regulation
authorities of state or Union territory.

48
 CRZ Flow Chart

CRZ Notification, 2011

Form -1, Annexure IV,P-23

49
 CLEAREANCE FROM P.C.B.
STATE POLLUTION CONTROLL BOARD

CONSENT TO ESTABLISH (CTE)

CONSENT TO OPERATE (CTO)
 Consent to Establish/NOC

(a) Under Air Act 1981 (Form 1 - Air)

(b) Under Water Act 1972 (Form 13 - Water)

Procedure
i. Submission of Application form I and form 13 to RO SPCB

ii. Payment of Scrutiny fees as per Air act and Water act

iii. Compliance of queries

iv. Site visit by RO

v. NOC to be issued by HO SPCB

vi. Takes 3 to 6 months

vii. GPCB is first state in India to have online application system

Construction
Stage
Clearances

52
 Construction Stage Clearances

Sr. Contractors activity for which Statute under which Statutory

No. the clearances area applicable clearances required Authority
1 Hot Mix Plants, Crushers and The Air (Prevention & SPCB
Batching Mix Plants Control) Act 1981 & Noise
Pollution Rules 2000
2 Disposal of Bituminous and Hazardous Waste SPCB
Scarified Waste Material Management Rules 1989

3 Storage of Hazardous H.W.M–1989, Manufacturing SPCB

Chemicals Storage & Imp. Hazardous
Chemicals Rules, 1989
4 Transport, Storage & Handling Motor Vehicles Rules 1989 & SPCB & Dept.
of Hazardous Materials Hazardous Waste Rules of Transport

5 Pollution Under Control State Motor Vehicle Act Dept. of

Certificate Transport
 Construction Stage Clearances
Sr. Contractors activity for which Statute under which Statutory
No. the clearances area applicable clearances required Authority
6 Quarries / Opening of New Mines & Mineral Act 1957, SPCB & State
Querry / Sand Mining EP Act 1986 & Environmental Mining Dept
Management Plan
7 Location & layout of labor EP Act 1986 & Water SPCB
camp and discharge from it (Prevention & Control of
Pollution) Act, 1974
Fly Ash Notfi.
8 Use of Fly Ash in Construction Fly Ash Notification 2003 SPCB
9 Const. Waste, Liquid Effluent Water Act, 1974 SPCB
10 Permission-Withdrawal of GWSSB Act, 1978 SPCB
Water from diff. Sources
11 Labor Employment Building and other Const. Act, State Labor &
1996 Employment
12 Worker’s Registration Labour Welfare Act. Department
 The Fly Ash Notification 1999
(Amendments 2009)
 Govt. of India in order to achieve a significant increase in fly ash utilization
(through MoEF & CC) has introduced the Fly Ash Rules (1999) (Amended on Nov. 3 rd,
2009) under the provisions of the Environment (Protection) Act (1986).

 Acc. to this rule, it has been made mandatory for every construction agency
engaged in construction of buildings / infrastructure projects within radius of 50-
100 Km from a coal or lignite based thermal power plant, to use fly ash bricks or
blocks or tiles etc. as per the specified minimum percentage (by volume) for
mentioned years.
[As per guidelines/ specifications (SP:58-2001) issued by
the Indian Road Congress (IRC)].
 Various construction activities including road construction within 100 km of coal
based thermal power plant are to be undertaken by utilising fly ash generated in
thermal power plant.
 No person or agency engaged in road construction may use borrow material
excavated from the ‘Right of Way’ of the road for the construction of road
embankments.
55
 The Fly Ash Notification 1999
(Amendments 2009)
 All agencies undertaking construction of roads or fly over
bridges and reclamation and compaction of low lying areas,
including Department of Road Transport and Highways
(DoRTH), NHAI, CPWD, State Public Works Departments and
other State Government Agencies, shall make appropriate
provisions in their tender documents / Schedules, as well as
technical documents, approved material and rates including
those relating to soil borrow area or pit.
 Also to make necessary specifications or guidelines for road or
fly over embankments that are not covered by the
specifications laid down by the Indian Road Congress (IRC).
 All construction of road embankments will use fly ash, or
municipal inert, unless the cost of fly ash of municipal inert
deliver at the construction site is more than 25% higher than
equivalent quantity of soil extracted from other than the “right
of way” for embankment use.
56
 Exemption - Fly Ash Use
 All construction of road embankment will use fly ash or municipal inerts,
unless:

I. The cost of fly ash or municipal inerts delivered at the construction site is
more than 25 % higher than the equivalent quantity of soil extracted from
other than the ROW for embankment use, in which case such soil may be
used for the road embankment; or

II. A designated technical authority of the IRC certifies that the use of fly ash
or municipal inert at the location for the intended purpose is technically
infeasible;

III.For the top and side covers, soil, other than soil extracted from the ROW
may be used, notwithstanding (a) above.

57
THANK
YOU

Ankur Modi
58
 ANY
QUESTIONS ?
60
 Constitutional Provisions
 “Directive Principles” of the State Policy are the
“Instruments of the instructions given by the
ultimate sovereign, namely the people to the
rulers or their representatives”.

 “Directive Principles” as such are not

enforceable through courts, yet their directive
character does not dilute their significance and
the obligations of the state to protect and
improve the environment.

61
 Amendments (Dec. 1st, 2009) in Slide No. 27

Revised EIA Notification

 New Threshold Limits (For Category A & B) &
Modification /Changes in “Applicable Conditions” For
Various Projects (Item No.1-8)
 Form I Revised by Adding New 20 Points Format
Containing Basic Information of Project and Interlinking
of Any Other Project Seeking EC and Details of Any
Litigation Pending in Any Court of Law
 Further Clarity in “Public Hearing” Procedure
 More Clarity in General Condition(s) (GC)
 Modified “Environmental Clearance Monitoring”
Procedure
 Project Proponent to Make Public EC Granted Along
With “Environmental Conditions and Safeguards” by
Prominently Advertising at Least in Two Local
Newspapers 62
 EC Process
Time
frame Time frame as
in practice Application for Scoping per Notification

90-120 days 60 Days

TOR for EIA Study

120-150 days
EIA Study and
report preparation
75-90 Days 45 Days
Public
Consultation
30- 60 days
Final EIA report submission &
Appraisal
105 Days
150-300 Days
Grant of EC

465-720 Days 210 Days

 Appraisal of EIA Projects
 Revised Notification Clearly Defines Procedure and
Composition of EAC at State and Central Level
 Proceedings to be Carried Out in Transparent Manner
in Which Applicant is also Invited to Furnish Further
Clarification (or Through Authorized Representative)
 Detailed Scrutiny by EAC or SEAC Based on Form
1A,Final EIA Report & PC Document & Site Visit(s), If
Considered Necessary by EAC
 Appraisal to be Completed Within 60 Days of Final
EIA Report and Other Documents Including PC Report
(if Required)
 EAC Recommendations to be Placed Before MoEF &
CC / SEIAA Within 15 Days Which Finally Issues EC
 Public Consultation (PC)
 First introduced in 1994 Notification as Public Hearing (PH)
 Intended to Include Public Views/Opinion into Decision Making
Process
 Envisage Seeking Opinion from Various “Stakeholders” Directly or
Indirectly Affected or “Having Plausible Stakes” in the
Environmental Impacts of Proposed Activity/Project
 Under Revised Notification (Sept. 2006), Scope of PH Expanded to
PC
 PC = PH (At Project Site-District Wise) + Opinion from Other
Stakeholders (Written Comments, On Web-Site Based on
Summary EIA Report)
 Initially, only “Affected Persons” at Project Site Allowed
to Participate
 As PH involved District Administration & State Pollution
Control Board(s) (SPCBs)- Many Times it Lead to
Inordinate Delays in “EC” of Projects
 Public Consultation (PC)- Exemptions
 Modernization of Irrigation Projects
 Those Located Within Industrial Estates or Parks
 Expansion of Road and Highways Projects with no
Further Acquisition of Land
 Building/ Construction Projects/ Area Development
Projects/ Townships ( Item No. 8 Projects)
 All Category B2 Projects/ Activities
 Concerning Defence & Security or Involving other
Strategic Considerations as Determined by Central
Government

Slide No. 27