ANNEXURE-I
ADMINISTRATIVE AND LEGISLATIVE BACKGROUND
The legal framework is covered under several legislations. Brief details of the
same are given below:
Legislative Framework
This section provides a brief summary of India's environmental legislation.
Ministry of Environment and Forests (MoEF) is the nodal agency for drafting the
new environmental legislations and giving the environmental clearance to the
new projects. State Pollution Control Boards (SPCB) are responsible for
implementing environmental legislation and issuing local Rules, Regulations and
Notifications.
Regulatory Control of the Project
The proposed project is covered under the Environmental Impact Assessment
(EIA) Notification, 1994 and amendments promulgated under Environment
(Protection) Act (EPA), 1986.
The key environmental legislations pertaining to the proposed operations include:







The Forest (Conservation) Act, 1980;
The Water (Prevention and Control of Pollution) Act, 1974;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment Protection Act, 1986, Rules there under (with amendments);
Environmental Impact Assessment Notification, 1994;
The Hazardous Wastes (Management & Handling) Rules 2000; and
Mines Legislation Pertaining to Environmental Protection.
These key instruments and all subsequent and relevant amendments to them are
discussed in further details as below.

The Forest (Conservation) Act, 1980
Specified activities in forest areas are controlled under the Forest (Conservation)
Act 1980 and clearances are required for such activities. The diversion of
forestland for non-forestry purposes is not encouraged and clearances for such
activities are difficult to obtain. Seismic surveys, are however, exempted from the
provisions of the Forest Act providing these activities are restricted to clearing of
undergrowth and lopping of tree branches and do not involve the felling of trees.

The Water (Prevention and Control of Pollution) Act, 1974
This Act introduced the State Pollution Control Boards to grant Consent For
Establishment (CFE) and Consent For Operation (CFO) to the industries. The
investor intending to set up an industry is required to apply to the SPCB to obtain
a CFE followed by CFO. While granting the consent, SPCB can stipulate conditions
pertaining to the effluents arising from the process. The consent to operate is
granted for a specific period (usually one year) after which conditions attached
are reviewed by the SPCB before renewal.
AI-1

The Air (Prevention and Control of Pollution) Act, 1981
This Act is very similar in scope to the Water Act, 1974. The Act stipulates the
establishment of State Boards for the Prevention and Control of Air Pollution. In
States where a water pollution board had already been established under the
earlier Water Act, the two boards were combined to form SPCBs. The
establishment or operation of any industry cannot be undertaken without the
prior consent of the SPCB. A decision on any application for consent must be
made by the SPCB within four months of receipt of the application.

Environment Protection (EP) Act and Rules, 1986
EP Act was enacted to provide for the protection and improvement of
environment and for matters connected there with. A decision was taken by India
to protect and improve the human environment at the United Nations Conference
on Human Environment held at Stockholm in June 1972. It is considered
necessary to prevent the hazards to human beings, other living creatures, plants
and property.
This Act is an umbrella act and gave birth to many sub acts and rules. The EP Act
call for procedural requirements for:
o
o
Obtaining Environmental Clearance; and
Submission of Environmental Statement.
The main Rules pertinent here are indicated below:
o
o
The Hazardous Waste (Management and Handling) Rules, 1989 (with
amendments upto 2000);
Environmental Impact Assessment Notification; and
Public Hearing Notification.

E.I.A Notification, 1994 and Subsequent Amendments
o
The principal Environmental Regulatory Agency in India is the Ministry of
Environment and Forests (MoEF), New Delhi. MoEF formulates environmental
policies
and
accords
environmental
clearance
for
the
proposed,
expansion/modernization of projects.
As per the Notification of the MoEF dated 27.01.94 and its amendment dated
4.05.94, Environmental Clearance (EC) needs to be obtained from the MoEF for
30 different identified activities. The list of identified activities Any expansion or
modernization of any activity shall not be undertaken in any part of India unless it
is accorded environmental clearance by the central government in accordance
with the procedures specified in this Notification. As per the procedure, anybody
who desires to undertake any project in any part of India or expansion or
modernization of any existing industry, a Detailed Project Report, which shall
inter alia include an Environmental Impact Assessment (EIA) report, needs to be
submitted.
In addition to the above requirements, the MoEF can notify certain areas as
ecologically sensitive/fragile and all developmental projects which are to be
located in these notified areas need to obtain EC. Areas so far notified include
some coastal areas identified under the Coastal Regulation Zone Notification,
forests, wildlife sanctuaries, national parks, wetlands and mangroves.
AI-2

The Hazardous Wastes (Management & Handling) Rules 2000
These rules make the occupier and the occupier of a facility responsible for proper
collection, reception, treatment, storage and disposal of hazardous wastes listed
in schedule-1, 2, and 3.
This rule also recommends to obtain and renew the authorization to collection,
reception, treatment, storage and disposal of hazardous wastes from state
pollution control board (SPCB) by filing Form-1.

Mines and Marine Legislation Pertaining to Environmental Protection
The environmental protection provisions covered under different legislation
pertaining to petroleum up-stream (exploration, production and transport) are
defined in the following subsections:
Mines & Minerals (Regulation & Development)
The Mines & Minerals (Regulation & Development) bill recognizes the need for
providing greater stability of tenure to leaseholders. As such, for the first time, a
minimum period of lease of 20 years, has been made mandatory. The maximum
period for grant of lease has been increased to 30 years. There is a provision of
renewal of a mining lease for a period of 20 years. Further renewals are possible
with approval of the Central Government. These amendments would be of
particular benefit to the captive coal mines in the Power Sector, where a number
of projects have been approved, and also to other mines attached to mineral
processing industries like steel, cement etc. where an assured supply of raw
material is essential.
The period for which prospecting licence can be granted has been increased to
three years and these licences can be renewed at the discretion of the State
Governments so that the total period does not exceed five years
The bill has deleted 15 minerals hitherto listed in the First Schedule of the Act
requiring prior approval of the Central Government before the State Government
could grant a prospecting licence or a mining lease. The minerals so deleted are
Apatite and phosphatic ores, Barytes, Dolomite, Gypsum, Kyanite, Magnesite,
Molybdenum, Nickel, Platinum and other precious metals. Sillimanite, Silver,
Sulpher and its ores, Tin, Tungsten and Vanadium Ore. With this deletion
(excepting the atomic minerals and fuel minerals) there would only be 11
minerals left for which the State Government would require prior approvals of the
Central Government. These are Asbestos, Bauxite, Chrome ore, Copper Ore,
Gold, Iron ore, Lead, Limestone except where it is used in Kilns for the
manufacture of lime as building material, Manganese ore, Precious stones and
Zinc.
Prohibition of Mining Operation in Ecologically Fragile Areas
Government of India has identified a number of areas/eco-systems as ecologically
fragile areas where mining is not allowed without prior permission from Ministry
of Environment and Forests (MoEF), New Delhi, by specifying interalia the details
of the area and the proposed process or operation duly supported by an EIA &
EMP and such other information as may be required by the Central Government.
There are few ecologically sensitive areas where mining has been prohibited
either by the court's order or by a MoEF Notification.
AI-3

Directorate of Mines Safety
Under the Constitution of India, safety, welfare and health of workers employed
in mines are the concern of the Central Government (Entry 55 - Union List; Article
246). The objective is regulated by the Mines Act, 1952 and the rules and
regulations framed thereunder. These are administered by the Directorate
general of Mines Safety (DGMS), under the union Ministry of Labour. Apart from
administering the Mines Act and subordinate legislation thereunder, DGMS also
administers a few other allied legislation, including the Indian Electricity Act.
The pieces of legislation administered by DGMS are:
o
o
o
o
o
o
o
The Mines Act, 1952
Rules & Regulations framed under the Act,
Metalliferous Mines Regulations, 1961
Mines Rules, 1955
Mines Vocational Training Rules, 1966
Mines Rescue Rules, 1985
Mines Crèche Rules, 1966
Applicable Environmental Standards
The MoEF has the overall responsibility to set policy and standards for the
protection of environment along with Central Pollution Control Board (CPCB).
Ambient Air Quality Standards
The existing standards for National Ambient Air Quality (NAAQ), as prescribed by
CPCB vide Gazette Notification S.O.384 (E) dated 11th April, 1994, which are
applicable for land-based applications for onshore areas. The prescribed
standards are presented below in Table-1.
TABLE-1
NATIONAL AMBIENT AIR QUALITY STANDARDS
Pollutant
Sulphur dioxide (SO2)
Oxides of Nitrogen (NOx)
Suspended Particulate
Matter (SPM)
Respirable Particulate
Matter (Size less than 10
microns)
Lead (Pb)
Carbon monoxide (CO)
Ammonia
Time Weighted
Average
Annual Average*
24 Hours**
Annual Average*
24 Hours**
Annual Average*
24 Hours**
Annual Average*
24 Hours**
Annual Average*
24 Hours**
8 Hours
1 Hour**
Annual Average*
24 Hours**
Concentration in Ambient Air (g/m3)
Industrial
Residential,
Sensitive
Area
Rural & Other
Areas
Areas
80
60
15
120
80
30
80
60
15
120
80
30
360
140
70
500
200
100
120
60
50
150
100
75
1.0
1.5
5000
10000
100
400
0.75
1.0
2000
4000
100
400
0.50
0.75
1000
2000
100
400
Note:
*
Annual arithmetic mean of minimum 104 measurements in a year taken
twice a week 24 hourly at uniform interval.
**
24 hourly/8 hourly values should be met 98% of the time in a year.
However 2% of the time, it may exceed but not on two consecutive days.
AI-4
Noise Limits and Guidelines for Diesel Generators







Noise from DG set shall be controlled by providing an acoustic enclosure or by
treating the room acoustically, at the users end;
The acoustic enclosure or acoustic treatment of the room shall be designed for
minimum 25 dB (A) insertion loss or for meeting the ambient noise standards,
whichever is on the higher side (if the actual ambient noise is on the higher
side, it may not be possible to check the performance of the acoustic
enclosure/acoustic treatment. Under such circumstances the performance
may be checked for noise reduction upto actual ambient noise level,
preferably, in the nighttime). The measurement for Insertion Loss may be
done at different points at 0.5 m from the acoustic enclosure/room, and then
averaged;
These limits shall be regulated by the State Pollution Control Boards and the
State Pollution Control Committees;
The manufacturer shall offer to the user a standard acoustic enclosure of 25
dB (A) insertion loss and also a suitable exhaust muffler with insertion loss of
25 dB (A);
The user shall make efforts to bring down the noise levels due to the DG set,
outside his premises, within the ambient noise requirements by proper siting
and control measures;
Installation of a DG set must be strictly in compliance with the
recommendations of the DG set manufacturer; and
A proper routine and preventive maintenance procedure for the DG set should
be set and followed in consultation with the DG set manufacturer which would
help prevent noise levels of the DG set from deteriorating with use.
Ambient Noise Standards
Ambient standards with respect to noise have been notified by the Ministry of
Environment and Forests vide gazette notification dated 26th December 1989
(amended in February, 2000). It is based on the ‘A’ weighted equivalent noise level
(Leq). The ambient noise standards are presented in Table-2.
TABLE-2
AMBIENT NOISE STANDARDS
Area Code
Category of Area
A
B
C
D
Industrial Area
Commercial Area
Residential Area
Silence Zone**
Noise Levels dB(A) Leq
Day time*
Night Time
75
70
65
55
55
45
50
40
Note:
Daytime is from 7 am to 10 pm.
**
Silence zone is defined as area up to 100 meters around premises of
hospitals, educational
institutions and courts. Use of vehicle horns, loud speakers and bursting of crackers are banned in these
zones.
*
Permissible Standards for Vibrations During Blasting
As per DGMS mines, depending on the type of structure and the dominant
excitation frequency, the peak particle velocity (ppv) on the ground adjacent to the
structure shall not exceed the values given in the Table-3.
AI-5
TABLE-3
PERMISSIBLE PPV AT THE FOUNDATION LEVEL
OF STRUCTURES IN MINING AREAS
Type of structure
Dominant excitation Frequency,
Hz
<8 Hz
8-25 Hz
>25 Hz
I. Buildings/structures not belong to the owner
A. Domestic houses/structures
(Kuchha, Brick, & Cement)
B. Industrial buildings
(R.C.C & Framed structures)
C. Objects of historical importance & sensitive
structures
II. Buildings belonging to owner with limited span of life
A. Domestic houses/structures
(Kuchha, Brick, & Cement)
B. Industrial buildings
(R.C.C & Framed structures)
5
10
15
10
20
25
2
5
10
10
15
25
15
25
50
Noise Standards for Occupational Exposure
Noise standards in the work environment are specified by Occupational Safety and
Health Administration (OSHA-USA) which in-turn are being enforced by
Government of India through model rules framed under Factories Act. These are
given in Table-4.
TABLE-4
STANDARDS FOR OCCUPATIONAL EXPOSURE
1.
2.
Total Time of Exposure per Day in Hours
(Continuous or Short term Exposure)
8
Sound Pressure Level in dB(A)
6
92
4
95
3
97
2
100
3/2
102
1
105
¾
107
½
110
¼
115
Never
>115
90
Note:
No exposure in excess of 115 dB(A) is to be permitted.
For any period of exposure falling in between any figure and the next higher
or lower figure as indicated in column (1), the permissible level is to be
determined by extrapolation on a proportionate scale.
Wastewater Discharge Standards
The wastewater discharge standards as per EPA Notification (GSR 176 (E), April
1996) are given in Table-5.
AI-6
TABLE-1.5
WASTE WATER DISCHARGE STANDARDS
Sr.
No.
1
Colour and Odour
--
Suspended Solids
Particle size of
Suspended Solids
pH value
Temperature
mg/l
--
Oil and grease, Max.
Total residual
chlorine, Max.
Ammonical nitrogen
(as N), Max.
Total Kjeldhal
nitrogen (as N),Max
Free ammonia (as
NH3), Max.
Biochemical oxygen
demand (3 days at
mg/l
mg/l
10.0
Not Specified
Standard
(Surface Waters)
All efforts should be made to
remove colour and
unpleasant odour as far as
practicable.
100.0
Shall pass 850 micron IS
Sieve
5.5 to 9.0
Shall not exceed 5 oC above
the receiving water
temperature.
10.0
1.0
mg/l
Not Specified
50
mg/l
Not Specified
100
mg/l
Not Specified
5
mg/l
100.0
30.0
mg/l
Not Specified
250
mg/l
mg/l
0.2
Not Specified
0.2
0.01
mg/l
mg/l
Not Specified
Not Specified
0.1
2.0
mg/l
Not Specified
0.1
mg/l
Not Specified
2.0
mg/l
mg/l
mg/l
Not Specified
Not Specified
Not Specified
3.0
5.0
0.05
mg/l
mg/l
Not Specified
0.2
3.0
0.2
mg/l
mg/l
Not Specified
Not Specified
2.0
5.0
mg/l
Not Specified
2.0
mg/l
Not Specified
1.0
28
A]
B]
29
Chemical oxygen
demand, Max.
Arsenic (as As), Max.
Mercury (as Hg),
Max.
Lead (as Pb), Max.
Cadmium (as Cd),
Max.
Hexavalent chromium
(as Cr+6), Max.
Total chromium (as
Cr), Max.
Copper (as Cu), Max.
Zinc (as Zn), Max.
Selenium (as Se),
Max.
Nickel (as Ni), Max.
Cyanide (as CN),
Max.
Fluorides as F
Dissolved phosphates
(as P),Max
Sulphides as (S),
Max.
Phenolic compounds
(as C2H5OH),
Radioactive Materials
Alpha Emitters, Max.
Beta Emitters, Max.
Bio-assay test
30
31
32
33
Manganese (as Mn)
Iron (as Fe)
Vanadium (as V)
Nitrate nitrogen
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
List of Parameters
Units
---
µC/ml
µC/ml
-mg/l
mg/l
mg/l
mg/l
Standard
(On land Irrigation)
All efforts should be made to
remove
colour
and
unpleasant odour as far as
practicable.
200.0
Shall pass 850 micron IS
Sieve
5.5 to 9.0
Not Specified
10-7
10-7
90% survival of fish after 96
hours in 100% effluent.
Not Specified
Not Specified
Not Specified
Not Specified
10-7
10-6
90% survival of fish after 96
hours in 100% effluent.
2.0
3.0
0.2
10.0
AI-7