J-13012/127/2011 - IA. II (T)
Government of India
Ministry of Environment & Forests
Paryavaran Bhavan, C.G.O. Complex,
Lodi Road, New Delhi -110003.
Dated: February 16, 2012.
To
M/s Mahanadi Basin Power
Ltd.
P.O
Jagriti Vihar, Burla,
District
Sambalpur,
Odisha- 768 020.
Sub: 2x800
MW Super Critical Coal Based Thermal Power Plant at villages Sardega, Tiklipara and
Gopalpur, in Hemgir Taluk, in Sundergarh Distt., in Odisha -reg. TOR
Sir,
The
undersigned is directed to refer to your letter dated
nil on the above mentioned subject.
2. It
is to inform that the proposal was considered by the Expert Appraisal Committee
during its 40th Meeting held during January 09-10, 2012, 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)
Vision document specifying prospective long term plan of the site, if
any, shall be formulated and submitted.
ii)
Forests area shall be avoided and if unavoidable
forest clearance shall be submitted along with application for environmental
clearance. In such a case the density of forests, its nature and other details
including data on primary survey of
flora and Fauna shall be provided;
iii)
Wildlife conservation plan shall be prepared in
consultation with the Office of the Chief Wildlife concerned and submitted;
iv)
Status of compliance to the conditions stipulated for environmental and
CRZ clearances of the previous phase(s), as applicable, shall be submitted
along with data monitored by the SPCB or its zonal office.
v)
Executive
summary of the project indicating relevant details along with recent
photographs of the approved site shall be provided. Response to the issues
raised during Public Hearing and to the written representations (if any),
along with a time bound Action Plan and budgetary
allocations to address the same, shall be provided in a tabular form, against
each action proposed.
vi)
Harnessing
solar power within the premises of the plant particularly at available roof
tops and other available areas shall be formulated and status of implementation
shall be submitted to the Ministry.
vii)
The
coordinates of the approved site including location of ash pond shall be
submitted along with topo sheet (1:50,000 scale) and confirmed GPS readings of
plant boundary and NRS satellite map of the area, shall be submitted. Elevation
of plant site and ash pond with respect to HFL of water body/nallah/river shall
be specified, if the site is located in proximity to them.
viii)
Certificate from the Competent Authority (GSI)
that the proposed TPP site is not in coal bearing area shall invariably be
submitted.
ix)
Layout plan indicating break-up of
plant area, ash pond, area for green belt, infrastructure, roads etc. shall be
provided.
x)
Land
requirement for the project shall be optimized and in any case not more than
what has been specified by CEA from time to time. Item wise break up of land
requirement and revised layout (as modified by the EAC) shall be provided.
xi)
Present
land use as per the revenue records (free of all encumbrances of the proposed
site, shall be furnished. Information on land to be acquired) if any, for coal
transportation system as well as for laying of pipeline including ROW shall be
specifically stated.
xii)
The issues
relating to land acquisition and R&R scheme with a time bound Action Plan should be formulated and clearly spelt out in the
EIA report.
xiii)
Satellite imagery or authenticated
topo sheet indicating drainage, cropping pattern, water bodies (wetland, river
system, stream, nallahs, ponds etc.), location of nearest villages, creeks,
mangroves, rivers, reservoirs etc. in the study area shall be provided.
xiv)
Location
of any National Park, Sanctuary, Elephant/Tiger Reserve (existing as well as
proposed), migratory routes / wildlife corridor, if any, within 10 km of the
project site shall be specified and marked on the map duly authenticated by the
Office of the Chief Wildlife Warden of the area concerned.
xv)
Topography
of the study area supported by toposheet on 1:50,000 scale of Survey of India,
alongwith a large scale map preferably of 1:25,000 scale and the specific
information whether the site requires any filling shall be provided. In that case, details of filling, quantity of
fill material required; its source, transportation etc. shall be
submitted.
xvi)
A detailed study on land use pattern
in the study area shall be carried out including identification of common
property resources (such as grazing and community land, water resources etc.)
available and Action Plan for its protection and management shall be
formulated. If acquisition of grazing land is involved, it shall be ensured
that an equal area of grazing land to be acquired is developed alternatively
and details plan shall be submitted.
xvii)
A mineralogical map of the proposed
site (including soil type) and information (if available) that the site is not
located on economically feasible mineable mineral deposit shall be submitted.
xviii)
Details of 100% fly ash utilization
plan as per latest fly ash Utilization Notification of GOI along with firm
agreements / MoU with contracting parties including other usages etc. shall be
submitted. The plan shall also include disposal method / mechanism of bottom
ash.
xix)
Water
requirement, calculated as per norms stipulated by CEA from time to time, shall
be submitted along with water balance diagram. Details of water balance
calculated shall take into account reuse and re-circulation of effluents which
shall be explicitly specified.
xx)
Water
body/nallah (if any) passing across the site should not be disturbed as far as
possible. In case any nallah / drain has to be diverted, it shall be ensured
that the diversion does not disturb the natural drainage pattern of the area.
Details of diversion required shall be furnished which shall be duly approved
by the concerned department.
xxi)
It shall
also be ensured that a minimum of 500 m distance of plant boundary is kept from
the HFL of river system / streams etc.
xxii)
Hydro-geological study of the area
shall be carried out through an institute/ organisation of repute to assess the
impact on ground and surface water regimes. Specific mitigation measures shall
be spelt out and time bound Action Plan for its implementation shall be
submitted.
xxiii)
Detailed
Studies on the impacts of the ecology including fisheries of the
river/estuary/sea due to the proposed withdrawal of water / discharge of
treated wastewater into the river/creek/ sea etc shall be carried out and
submitted alongwith the EIA Report. In case of requirement of marine impact
assessment study, the location of intake and outfall shall be clearly specified
along with depth of water drawl and discharge into open sea.
xxiv)
Source of
water and its sustainability even in lean season shall be provided along with
details of ecological impacts arising out of withdrawal of water and taking
into account inter-state shares (if any).
Information on other competing sources downstream of the proposed
project. Commitment regarding availability of requisite quantity of water from
the Competent Authority shall be provided along with letter / document stating
firm allocation of water.
xxv)
Detailed
plan for carrying out rainwater harvesting and its proposed utilisation in the
plant shall be furnished.
xxvi)
Feasibility
of zero discharge concept shall be critically examined and its details
submitted.
xxvii)
Optimization
of COC along with other water conservation measures in the project shall be
specified.
xxviii)
Plan for
recirculation of ash pond water and its implementation shall be submitted.
xxix)
Detailed plan for conducting
monitoring of water quality regularly with proper 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.
xxx)
Socio-economic study of the study
area comprising of 10 km from the plant site shall be carried out by a reputed
institute / agency which shall consist of detail assessment of the impact on
livelihood of local communities.
xxxi)
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 and numbers specified during construction & operation phases of
the Project.
xxxii)
If the area
has tribal population it shall be ensured that the rights of tribals are well
protected. The project proponent shall accordingly identify tribal issues under
various provisions of the law of the land.
xxxiii)
A detailed CSR plan along with
activities wise break up of financial commitment shall be prepared. CSR
component shall be identified considering need based assessment study.
Sustainable 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. Separate budget for community development
activities and income generating programmes shall be specified.
xxxiv)
While
formulating CSR schemes it shall be ensured that an in-built monitoring
mechanism for the schemes identified are in place and mechanism for conducting
annual social audit from the nearest government institute of repute in the
region shall be prepared. The project proponent shall also provide Action Plan for the status of implementation of the
scheme from time to time and dovetail the same with any Govt. scheme(s). CSR
details done in the past should be clearly spelt out in case of expansion
projects.
xxxv)
R&R
plan, as applicable, shall be formulated wherein mechanism for protecting the rights and livelihood
of the people in the region who are likely to be impacted, is taken into
consideration. R&R plan shall be formulated after a detailed census of
population based on socio economic surveys who were dependant on land falling
in the project, as well as, population who were dependant on land not owned by
them.
xxxvi)
Assessment
of occupational health as endemic diseases of environmental origin shall be
carried out and Action Plan to mitigate the same
shall be prepared.
xxxvii) Occupational health and safety measures for the workers including
identification of work related health hazards shall be formulated. The company
shall engage full time qualified doctors who are trained in occupational
health. Health monitoring of the workers shall be conducted at periodic
intervals and health records maintained. Awareness programme for workers due to
likely adverse impact on their health due to working in non-conducive
environment shall be carried out and precautionary measures like use of
personal equipments etc. shall be provided. Review of impact of various health measures
undertaken at intervals of two years shall be conducted with an excellent
follow up plan of action wherever required.
xxxviii)
One
complete season site specific meteorological and AAQ data (except monsoon
season) as per MoEF Notification dated 16.11.2009 shall be collected and the
dates of monitoring recorded. The parameters to be covered for AAQ shall
include SPM, RSPM (PM10, PM2.5), SO2, NOx, Hg and O3
(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, villages in the vicinity 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.
xxxix) A list of industries existing and proposed in the study area shall be
furnished.
xl)
Cumulative
impact of all sources of emissions (including transportation) on the AAQ of the
area shall be well assessed. Details of the model used and the input data used
for modelling shall also be provided. The air quality contours should 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 the
location map as well.
xli)
Radio activity and heavy metal
contents of coal to be sourced shall be examined and submitted along with
laboratory reports.
xlii)
Fuel
analysis shall be provided. Details of auxillary fuel, if any, including its
quantity, quality, storage etc should also be furnished.
xliii)
Quantity
of fuel required, its source and characteristics and documentary evidence to
substantiate confirmed fuel linkage shall be furnished.
xliv)
Details of
transportation of fuel from the source (including port handling) to the
proposed plant and its impact on ambient AAQ shall be suitably assessed and
submitted. If transportation entails a long distance it shall be ensured that
rail transportation to the site shall be first assessed. Wagon loading at
source shall preferably be through silo/conveyor belt.
xlv)
For
proposals based on imported coal, inland transportation and port handling and
rolling stocks /rail movement bottle necks shall be critically examined and
details furnished.
xlvi)
Details
regarding infrastructure facilities such as sanitation, fuel, restrooms,
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 should be adequately catered for and
details furnished.
xlvii)
EMP to
mitigate the adverse impacts due to the project along with item - wise cost of
its implementation in a time bound manner shall be specified.
xlviii)
A Disaster
Management Plan (DMP) along with risk assessment study 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 of 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 invariably provided.
xlix)
The DMP so
formulated shall include measures against likely Tsunami/Cyclones/Storm
Surges/Earthquakes etc, as applicable. It shall be ensured that DMP consists of
both on-site and off-site plan,
complete with details of containing likely disaster and shall specifically
mention personnel identified for the task. Smaller version of the plan shall be
prepared both in English and local languages.
l)
Detailed plan for raising green belt
of native species of appropriate
width (50 to 100 m) and consisting of at least 3 tiers around plant boundary
(except in areas not possible) with tree density of 2000 to 2500 trees per ha with a good survival rate
of about 80% shall be submitted. Photographic evidence must be created and
submitted periodically including NRSA reports.
li)
Over and
above the green belt, as carbon sink, additional
plantation shall be
carried out in identified blocks of degraded forests, in close consultation
with the District Forests Department. In pursuance to this the project
proponent shall formulate time bound Action
Plans along with financial allocation
and shall submit status of implementation to the Ministry every six months.
lii)
Corporate Environment Policy
i.
Does the company has a well laid down Environment
Policy approved by its Board of Directors? If so, it may be detailed in the EIA
report.
ii.
Does the Environment Policy prescribe for standard
operating process / procedures to bring into focus any infringement / deviation
/ violation of the environmental or forest norms / conditions? If so, it may be
detailed in the EIA.
iii.
What is the hierarchical system or Administrative
order of the company to deal with the environmental issues and for ensuring
compliance with the environmental clearance conditions. Details of this system
may be given.
iv.
Does the company has system of reporting of non
compliances / violations of environmental norms to the Board of Directors of
the company and / or shareholders or stakeholders at large? This reporting
mechanism should be detailed in the EIA report.
All the above details should be adequately brought out in the EIA report
and in the presentation to the Committee.
liii)
Details of litigation pending or
otherwise with respect to project in any court, tribunal etc. shall invariably
be furnished.
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 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 shall 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 Odisha.
2. The Chairman, Odisha Environment &
Pollution Control Board, A-118, Nilkanta Nagar, Unit – VIII, Bhubaneshwar- 751
012
3.
The Chief Conservator of
Forests, Regional Office (EZ), Ministry of Environment
& Forests, A/3, Chandesekhapur, Bhubaneswar – 751023.
4.
Guard File.
(Dr. P.L. Ahujarai)
Director