Lok Sabha Question No. 4454 (UNSTARRED), answered on 2019-07-19
Subject: Enviormental Clearance
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Vinayak Bhaurao Raut, Girish Bhalchandra Bapat, Chandra Sekhar Sahu, Shrikant Eknath Shinde, Shrirang Appa Barne

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION  NO. 4454

TO BE ANSWERED ON 19.07.2019

## Environmental Clearance

4454.   SHRI VINAYAK RAUT; SHRI GIRISH BHALCHANDRA BAPAT; SHRI CHANDRA SEKHAR SAHU; DR SHRIKANT EKNATH SHINDE; SHRI SRIRANGA APPA BARNE

Will  the  Minister  of  ENVIRONMENT,  FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether the Minister has provided a six months window, a one-time opportunity to such units operating without prior Environment Clearance (EC) to apply for the same and if so, the details thereof;
- (b) whether strict action would be taken on such projects which have been operational without obtaining prior EC for violation/non-compliance of the same, if so, the details thereof;
- (c) whether any guidelines have been issued by the Government in this regard, and if so, the details and the present status of implementation of these guidelines;
- (d) whether an Expert Appraisal Committee (EAC) has been constituted in this regard; and
- (e) if so, the manner in which the cases of violation will be assess by the expert committee and the extent to which the Government will be able to enforce compliance?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI BABUL SUPRIYO)

- (a) Yes,  Sir.Ministry  has  provided  a  six  months  window,  vide  Notification  number  S.O. 804(E) dated 14 th March, 2017, a one-time opportunity to the projects which have commenced work on site, expanded production beyond the limitof Environmental Clearance or changed the product  mix  without  obtaining  prior  Environmental  Clearance  under  theEnvironment  Impact Assessment Notification, 2006.
- (b) &(c)  Yes,  Sir.  In  all  such  cases  of  violation,  action  will  be  taken  against  the  project proponent  by  the  respective  State  or  State  Pollution  Control  Board  under  the  provisions  of section  19  of  the  Environment  (Protection)  Act,  1986  and  further,  no  consent  to  operate  or occupancy certificate will be issued till the project is granted Environmental Clearance.

Ministry has issued procedure vide Notification S.O. 804 (E) dated 14.03.2017 and S.O. 1030 (E) dated 08.03.2018.At present, the cases of violation are being appraisedby Expert Appraisal Committee (EAC) constituted for the purpose of dealing with category 'A' projects/activities or the concerned State Level Expert Appraisal Committees (SEAC) for the purpose of category 'B' projects/activities based on procedure stipulated in the aforesaid Notifications.

- (d) Yes, Sir. Ministry constituted a separate EACfor the purpose of dealing with category 'A' projects/activities  and  empowered  the  concerned  SEAC  for  the  purpose  of  dealing  with category 'B' projects/activities involving violation.
- (e) As per the procedure specified in the Notification S.O 804 ( E ), all such cases of violation, apprised by the EACor SEAC, as the case may be, with a view to assess that the project has beenconstructed at a site which under prevailing laws is permissible and expansion has been done  which  can  be  runsustainably  under  compliance  of  environmental  norms  with  adequate environmental safeguards; and in case, where thefinding of the committee is negative, closure of the project will be recommended along with otheractions under the law.

In  case,  where the findings of the committee are affirmative, theprojects under this category will be prescribed the appropriate Terms of Reference for undertaking Environment ImpactAssessment  and  preparation  of  Environment  Management  Plan.  Further,  the  EAC  or SEAC will prescribe aspecific Terms of Reference for the project on assessment of ecological damage, remediation plan and natural andcommunity resource augmentation plan and it shall be  prepared  as  an  independent  chapter  in  the  environment  impactassessment  report  by  the accredited  consultants.  The  collection  and  analysis  of  data  for  assessment  of  ecological damage,preparation  of  remediation  plan  and  natural  and  community  resource  augmentation plan shall be done by anenvironmental laboratory duly notified under Environment (Protection) Act,  1986,  or  an  environmental  laboratoryaccredited  by  National  Accreditation  Board  for Testing and Calibration Laboratories, or a laboratory of a Council ofScientific and Industrial Research institution working in the field of environment.

The  EAC  or  SEAC  shall  stipulate  the  implementation  of  Environmental  Management Plan,comprising  remediation  plan  and  natural  and  community  resource  augmentation  plan corresponding to the ecologicaldamage assessed and economic benefit derived due to violation as a condition of environmental clearance.

The project proponent will be required to submit a bank guarantee equivalent to the amount of remediation  planand  Natural  and  Community  Resource  Augmentation  Plan  with  the  State Pollution  Control  Board  and  the  quantificationwill  be  recommended  by  Expert  Appraisal Committee and  finalized  by  Regulatory  Authority  and  the  bank  guaranteeshall  be  deposited prior to the grant of environmental clearance and will be released after successful implementation ofthe remediation plan and Natural and Community Resource Augmentation Plan,  and  after  the  recommendation  byregional  office  of  the  Ministry,  Expert  Appraisal Committee and approval of the Regulatory Authority.

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