J-13012/32/2010 - IA. II
(T)
Government of India
Ministry of Environment & Forests
Paryavaran Bhavan, C.G.O. Complex,
Lodi Road, New Delhi -110003.
Dated: August 11, 2010.
To
M/s Patel Energy Ltd.
8-2-293/82/A/76, Road No. 9A,
Jubilee Hills, Hyderabad
Andhra Pradesh-500 033
Sub: 2x660 MW Super-Critical Technology Coal Based TPP of at
villages Lunsapur and Lotpur, in Jafarabad Tehsil, in Amreli Distt., in Gujarat
-reg. TOR.
Sir,
The undersigned is directed to refer to your letter dated 06.03.2010 on
the above mentioned subject.
2. It
is to inform that the proposal was considered by the Expert Appraisal Committee
during its 1st Meeting held during July 07-09, 2010, for determination of the Terms of
Reference (TOR) for undertaking detailed EIA study in accordance with the
provisions of the EIA notification dated September
14, 2006.
3. Based on the information
provided by you with regard to the above mentioned project proposal, the
Committee has prescribed the following Terms of Reference (TORs) for
preparation of the Environmental Impact Assessment (EIA) Report and Environment
Management Plan (EMP), in respect of your above mentioned project.
i)
Executive
summary of the project indicating relevant details along with photograph of
site shall be provided and issues raised in public hearing along with action
plan to address the same shall be provided in tabular form including requisite
allocation of funds.
ii)
Conformity of the site with the prescribed
guidelines in terms of distance of 500 m from HFL of the river, highways,
railway line shall be shown on the study area map and submitted.
iii)
The project proponent shall examine in detail the
possibility to adopt NIOT technology of desalination system through Low
Temperature Thermal Desalination (LTTD) process instead of installing
De-Salination plant. In case the same is not feasible detailed explanation
shall be submitted.
iv)
The project proponent shall provide confirmed GPS
readings of plant boundary including extension on the seaward side to cover the
port site.
v)
The coordinates of the proposed site including
location of ash pond shall be submitted along with topo sheet.
vi)
Detailed
area drainage study and hydro-geological study shall be conducted from an
institute/ organisation of repute to assess impact of on ground and surface
water regime. Specific mitigation measures shall be spelt out and action plan
for implementation of the same shall be provided.
vii)
Detailed study on the impact on river/marine
ecology (as applicable) due to the proposed intake / discharge of sea water /
treated wastewater into the river/creek/ sea shall be carried out and submitted
alongwith the EIA Report.
viii)
Demarcation of CRZ lines from an approved agency
shall be submitted along with CRZ clearance for permissible activities (as
applicable).
ix)
Location of intake and outfall points (with
coordinates) should be given. These locations should be selected based on
detailed modeling studies. Details of
modeling and the results obtained there from should be furnished. It may be kept in view that the intake and
outfall points are away from the mangroves (if any) and is in open sea.
x)
Detail plan for carrying out rainwater harvesting
and proposed utilisation in the plant shall be provided.
xi)
Feasibility of zero discharge shall be examined and
detailed justification shall be submitted if in case the same is not possible.
Proposed discharge (if any), its quantity, quality and point of discharge,
users downstream etc. shall be provided.
xii)
Optimization of COC for water conservation. Other
water conservation measures proposed in the project should also be given.
Quantity of water requirement for the project should be optimized.
xiii)
Layout
plan indicating break-up of plant, green belt, infrastructure, roads etc. shall
be provided.
xiv)
Land
use based on satellite imagery or authenticated map indicating drainage,
cropping pattern, water bodies (rivers, nallahs, ponds etc.), location of
nearest villages, creeks, rivers, reservoirs, national parks, wildlife
sanctuaries, tiger reserves, biosphere reserves, heritage sites etc in the
study area shall be provided. Location of any National Park, Sanctuary,
Elephant/Tiger Reserve (existing as well as proposed), migratory routes, if
any, within 10 km of the project site shall be specified and marked on the map
duly authenticated by the Chief Wildlife Warden.
xv)
Study
on land-use pattern in the study area shall be carried out, including
identification of common property resources available for conversion into productive
land and action plan for abatement and compensation for damage to agricultural
land/ common property land (if any) in the nearby villages, due to proposed
project shall be prepared.
xvi)
Detailed
socio-economic study shall be carried out for the study area comprising of 10
km from the plant site.
xvii)
Detailed
R&R action plan along with compensation proposed to be paid / already paid
etc. shall be specified and report submitted. The report shall contain details
of recipients identified (which shall include landless project affected
persons).
xviii)
Action
plan for identification of local employable youth for training in skills
relevant to the project for eventual employment in the project itself shall be
formulated.
xix)
CSR
component shall be prepared based on need based assessment study to be carried
out in the study area. Income generating
measures which can help in upliftment of poor section of society which is
consistent with the traditional skills of the people shall be identified. The
programme can include activities such as development of fodder farm, fruit
bearing orchards, vocational training etc.
In addition, vocational training for individuals shall be imparted so
that poor section of society can take up self employment and jobs. Separate
budget for community development activities and income generating programmes
shall be specified. Financial allocation to be taken up under CSR shall
be specified.
xx)
Possibility
for adopting nearest three villages shall be explored and details of civic
amenities such as roads, drinking water, power etc proposed to be provided at
the company’s expenses shall be submitted.
xxi)
Land requirement for the project shall be
optimized. Item wise break up of land requirement and its availability to be
furnished. It should also include land to be acquired, if any, for coal
transportation system as well as for lying of pipeline including ROW. It may clearly be confirmed that the land
including ROW is free of all encumbrances. The issues relating to land acquisition
and R&R should be clearly discussed in the EIA report.
xxii)
Topography of the area should be given clearly
indicating whether the site requires any filling. If so, details of filling, quantity of fill
material required, its source, transportation etc. should be given.
xxiii)
One complete season AAQ data (except monsoon) to be
given along with the dates of monitoring. The parameters to be covered shall
include SPM, RSPM(PM10,PM2.5), SO2, NOx, and Ozone (ground level).
The location of the monitoring stations should be so decided so as to take into
consideration the pre-dominant downwind direction, population zone and
sensitive receptors including reserved forests. There should be at least one
monitoring station each in the upwind and in the pre dominant downwind
direction at a location where maximum ground level concentration is likely to
occur
xxiv) Detailed plan for raising Green belt
of 100 m width and consisting of at least 3 tiers around plant boundary with tree
density not less than 2500 trees per ha and survival rate atleast 75% shall be
submitted.
xxv)
Impact of the project on the AAQ of the area.
Details of the model used and the input data used for modelling should also be
provided. The air quality contours may be plotted on a location map showing the
location of project site, habitation nearby, sensitive receptors, if any. The
wind roses should also be shown on this map.
xxvi) Fuel
analysis shall be provided. Details of auxillary fuel, if any including its
quantity, quality, storage etc should also be given.
xxvii) Quantity
of fuel required, its source and transportation. A confirmed fuel linkage
should be provided.
xxviii) Details of
water balance taking into account reuse and re-circulation of effluents.
xxix)
Detailed
plan for conducting monitoring of water quality regularly and mechanism for
maintenance of records shall be formulated. Detail of methodology and
identification of monitoring points (between the plant and drainage in the
direction of flow of surface / ground water) shall be submitted. It shall be
ensured that parameter to be monitored also include heavy metals in surface and
ground water.
xxx)
Details regarding infrastructure facilities such as
sanitation, fuel, restroom, medical facilities, safety during construction
phase etc. to be provided to the labour force during construction as well as to
the casual workers including truck drivers during operation phase.
xxxi) EMP to
mitigate the adverse impacts due to the project along with item wise cost of
its implementation.
xxxii) Risk
assessment including fire and explosion issues due to storage and use of fuel
should be carried out. It should take
into account the maximum inventory of storage at site at any point in time. The
risk contours should be plotted on the plant layout map clearly showing which
of the proposed activities would be affected in case of an accident taking
place. Based on the same, proposed safeguard measures should be provided. Measures to guard against fire hazards should
also be provided.
xxxiii)
Details
of litigation pending or otherwise with respect to project in any courts,
tribunal etc. shall be provided.
Further, the following shall be
strictly followed (as applicable):
a)
The land requirement for the projects should be limited to
barest minimum. If the site includes or is located close to marshy areas and
backwaters, these areas must be excluded from the site and the project boundary
should be atleast 500 away from the ecologically sensitive areas. If backwaters
form a part of the site, CRZ clearance is a must.
b)
The soil levelling should be minimum with no or minimal
disturbance to the natural drainage of the area. If the minor canals (if any)
have to be diverted, the design for diversion should be such that the diverted
canals not only drains the plant area but also collect the volume of flood
water from the surrounding areas and discharge into marshy areas/major canals
that enter into creek. Major canals should not be altered but their bunds
should be strengthened and desilted.
c)
Additional soil for leveling of the sites should be
generated within the sites in a way that natural drainage system of the area is
protected and improved
d)
The marshy areas (if any) which hold large quantities of
water should not be disturbed.
e)
No waste should be discharged into canal systems,
backwaters, marshy areas and seas without treatment. The outfall should be
first treated in guard pond and then discharge into deep sea (12 to 15 m
depth). Similarly, the intake should be from deep sea to avoid aggregation of
fish. The brine that comes out from desalinization plants should not be
discharged into sea but it should be recycled.
f)
To absorb the ground level pollutants, to act buffer
against strong winds arising out of tropical cyclones/ storms, to reduce heat
load and ameliorate environment, there is a need for shelterbelts / greenbelts
/ tree cover along the coastline, bunds around marshy areas, roadsides, around
the project boundaries, around village boundaries, ash dykes, railway lines,
around protected monuments, forts, waste places, School Campuses and other
vacant lots. Coconut plantations can be developed along the coastline and near
villages, Schools and forts. Stands of Casuariana should also be
developed on some dunes and along coasts. Bamboos, neem and other native trees
should be planted in and around at the villages.
g)
To meet the expenditure of these plantations and their
management, a common Green Endowment Fund should be created by the project
proponents out of EMP budgets. The interest earned out of it should be used for
the development and management of green cover of the area.
h)
The villages bordering the sites are predominantly inhabitated
by fishermen and the TPSs have impacts on their livelihood, although most of
the fishing activity is confined to deep seas. An endowment of Fishermen
Welfare Fund should be created out of CSR grants not only to enhance their
quality of life through creation of facilities for fish landing platforms /
fishing harbour / cold storage, but also to provide relief in case of emergency
situations such as missing of fishermen on duty due to rough seas, tropical
cyclones and storms etc.
i)
The project specific recommendation should be made at the
time of consideration of EIA.
j)
The project proponent should submit a detailed toposheet
showing the locations of project site, villages major canals, backwaters, low
lying areas (marshy), coastline, sand dunes (bars), aquaculture ponds, creek,
jetty and intake and outfall points. The distances from the project boundaries
to the landscape features mentioned above should be marked.
k)
There should not be any contamination of soil, ground and
surface waters (canals & village pond) with sea water in and around the
project sites. In other wards necessary preventive measures for spillage from
pipelines, such as lining of guard pond used for the treatment of outfall
before discharging in to the sea and surface RCC channels along the pipelines
of outfall and intake should be adopted. This is just because the areas around
the projects boundaries is fertile agricultural land used for paddy
cultivation.
4. Besides the above, the following
general points will be followed:
a)
All
documents to be properly referenced with index, page numbers and continuous
page numbering.
b)
Where
data is presented in the report especially in table, the period in which the
data was collected and the source should invariably be indicated.
c)
Where
the documents provided are in a language other than English, an English
translation should be provided.
d)
The
Questionnaire for environmental appraisal of thermal power projects as devised
earlier by the Ministry shall also be filled and submitted.
e)
The
consultants involved in the preparation of EIA/EMP report after accreditation
with Quality Council of India (QCI) / National Accreditation Board of Education
and Training (NABET) would need to include a certificate in this regard in the
EIA/ EMP reports prepared by them and data provided by other organization /
Laboratories including their status of approvals etc. In this regard circular
no. F.No. J-11013/77/2004-IA-II (I) dated 2nd December, 2009 is
posted on the Ministry’s website http://www.moef.nic.in may be referred.
In addition to the above, information on the following may
also be incorporated in the EIA report.
1. Is the project intended to have
CDM-intent?
(i) If not, then why?
(ii) If yes, then
a.
Has
PIN (Project Idea Note) {or PCN (Project Concept Note)} submitted to the ?NCA?
(National CDM Authority) in the MoEF?
b.
If
not, then by when is that expected?
c.
Has
PDD (Project Design Document) been prepared?
d.
What
is the Carbon intensity? from your electricity generation projected
(i.e. CO2 Tons/MWH or Kg/KWH)
e.
Amount
of CO2 in Tons/year expected to be reduced from the baseline
data available on the CEA?s web-site (www.cea.nic.in)
2. Notwithstanding 1(i) above, data on (d)
& (e) above shall be worked out and reported.
5. The
Environmental clearance shall be applied only after firm fuel and water
linkages and other statutory clearances as applicable are obtained.
6. After
preparing the Draft EIA (as per the generic structure prescribed in
Appendix-III of the EIA Notification, 2006) covering the above mentioned
issues, the same shall be submitted to the SPCB for conducting the public
hearing as per procedure of EIA notification 2006. The issues emerged during
public hearing shall be further incorporated in the Draft EIA/EMP report. The
final EIA/EMP report along with public hearing report and the requisite
documents (including written objections, if any) shall be submitted to
the Ministry for appraisal by the Expert Appraisal Committee for consideration
of awarding environmental clearance under the provisions of Environmental
Impact Assessment notification dated September 14, 2006.
7. The TORs prescribed would be valid
for a period of two years for submission of EIA/ EMP reports, after public
consultation.
Yours faithfully,
(Dr. P.L. Ahujarai)
Director
Copy to:
1) The Secretary, Department of Environment, Govt. of Gujarat.
2)
The
Chairman, Gujarat Pradesh Pollution Control Board, Sector 10-A, Gandhi
Nagar – 382 043
3) The Chief Conservator of Forests,
Ministry of Environment and Forests, Regional Office(WZ), E-5, Kendriya
Paryavaran Bhawan, E-5 Area Colony, Link Road-3, Ravishankar Nagar,
Bhopal-462016.
4) Guard File.
(Dr. P.L. Ahujarai)
Director