Cement, Energy & Environment

.., I .. \ to provide free of cost 20 per cent of the fly ash generated by them from thermal plants to other manufacturers. The policy was meant to reduce fly ash polluting air and utilizing it for related industries. "But to direct the generating companies to give free of cost, 20 per cent of fly ash generated by coal/ thermal power plants, infringed upon the property rights of the generating companies, the judgment said , and added that "the very object of the electricity act, 2003 is to liberate the state from the heavy burden imposed upon them by the respective state electricity boards, in the form of mounting losses." Courtesy: The Business Standard, 24.6.2013 NEW MoEF NORMS TO EXPEDITE PROJECTS DEVELOPMENT One of the issues impending infrastructure in the country has been delays in obtaining statutory clearances for projects. According to government estimates, 44 coal mining projects of Coal India Limited (CIL) were awaiting environmental clearances as of December 2012, and another 40 were facing issues in obtaining forest clearances. Further, the clearances award process for around 123 captive coal blocks and 26 power projects was stuck at various stages with the Ministry of Environment and Forests (MoEF). With an aim to address these concerns, the government recently issued two key notifications– the grant of automatic environmental clearances in the case of one-time expansion of coal mining projects by up to 25 per cent and the delinking of environmental and forests clearance. Power Line takes a look at these notifications and their implications for the sector... One time Coal Mine Expansion In December 2012, the MoEF amended the Environment Protection Rules , 1986 to provide automatic environmental clearance for one-time expansion of coal mining projects by up to 25 per cent over the initially approved mining plan capacity. This amendment allows mine developers to avoid the lengthy process of holding public hearings, a prerequisite for obtaining environmental clearances. The 25 per cent expansion is subject to ceiling of 2 million tone per annum (Mtpa) of additional production in case of transportation through road; and 5 mtps if coal is transferred through conveyors or rail. The exemption is applicable to projects which have obtained Environmental Impact Assessment (EIA) Notifications, 1994 or EIA Notification, 2006. For availing of the benefit, the mine developers will have to submit the certificate report of the regional office of the MoEF detailing the existing project's compliance level with environmental norms, as stipulated by the ministry. However, as per the notification, developers would not be allowed to change their mining technologies. Also, if the project is located in a critically polluted area , the project developers will have to take additional mitigation measures. The MoEF's announcement comes after CIL field petition with the Prime Minister's Office (PMO) in September 2012. Seeking elimination of the mandatory requirement for holding public hearings and for expediting environmental clearances for its 13 coal mines, which could help the coal supplier ramp up production by about 25 per cent. The Production capacity of these blocks is expected to increase from 114.60 Mtpa in 2011-12 to 145.91 Mtpa in 2016-17, which would help CIL meet its target of producing about 180 mt of coal during the twelfth plan period (2012-17) . The mandatory requirement of holding public meetings was introduced by the government under the EIA Notification, 2006. It requires the project developers to obtain from the clearance from the sabha of the village that is likely to be affected, with 50 per cent attendance, before undertaking projects expansion. Though the process is supposed to be completed within 45 days from the date of the receipt of the request letter from the applicant, it often takes much longer. Considering the challenges involved in meeting this requirement in 2011 , planning commission committee recommended simplifying the producer by allowing developers to hold a public hearing before starting mining activity. Oelinking of environmental and Forest Permits In March 2013, the Supreme Court allowed the MoEF to delink environmental and forest clearances for linear infrastructure projects like power transmission, road and pipelines. It can now grant environmental clearances to projects with pending stage I approval under the forest (conversation) Act, 1980 for non-forest use of forest land. However, the MoEF can modify the norms as per project requirements also this 2 1