MINUTES OF THE 1st MEETING OF RECONSTITUTED EXPERT APPRAISAL COMMITTEE ON ENVIRONMENTAL IMPACT ASSESSMENT OF THERMAL POWER AND

MINUTES OF THE 10^th MEETING OF RECONSTITUTED EXPERT APPRAISAL COMMITTEE ON ENVIRONMENTAL IMPACT ASSESSMENT OF THERMAL POWER AND COAL MINE PROJECTS

The 10^th Meeting of the reconstituted Expert Appraisal Committee (Thermal) was held during November 1-2, 2010 at Van Vigyan Bhawan, R.K. Puram, New Delhi. The Members present were:

1. Shri V.P. Raja - Chairman

2. Dr. C.R. Babu - Member

3. Shri T.K. Dhar - Member

4. Shri J.L. Mehta - Member

5. Dr. G.S. Roonwal - Member

6. Dr. S.D. Attri - Member

7. Shri S. Seshadri - Member

8. Dr. P.L. Ahujarai - Member Secretary

Dr. CBS Dutt, Member; Dr. K.K.S. Bhatia; Dr. V.B. Mathur, Member; and Member Secretary, CPCB could not attend due to their prior commitments.

In attendance: Sh. W. Bharat Singh, Deputy Director, MoEF.

The deliberations held and the decisions taken are as under:

DATE: 01.11.2010.

Item No. 1. Confirmation of the Minutes of 8^th Meeting.

The Committee could not deliberate on the minutes of the 8^th meeting held during October 18-19, 2010 and therefore confirmation of the same was witheld.

ITEM NO. 2: CONSIDERATION OF PROJECTS

2.1 Expansion of existing 106.617 MW and 112.45 MW Gas Based TPP by addition of 395 MW Gas Based TPPP of M/s Gujarat State Electricity Corporation Ltd. at village Dhuvaran, in Kahambat Taluk, in Anand Distt., in Gujarat - reg. environmental clearance.

The proposal was placed for consideration for environmental clearance as per provisions of EIA notification 2006. The project proponent also gave a presentation along with its consultant M/s SENES Consultants India Pvt. Ltd. and provided the following information:

The proposal is for expansion of existing 106.617 MW and 112.45 MW Gas Based TPP by addition of 395 MW Gas Based TPPP at village Dhuvaran, in Kahambat Taluk, in Anand Distt., in Gujarat. Besides the above units other units which will be de-commissioned are 4x63.5 MW Oil Fired Plant; 2x27 MW Open Cycle Gas Turbine and 2x140 MW Open Cycle Gas Turbine. Land requirement will be 30 acres, which is available within the existing premises. The co-ordinates of the site are at Latitude 22⁰14’03.76” N to 22⁰14’09.95” N and Longitude 72⁰45’30.39” E to 72⁰45’30.75” E. Gas requirement will be 1.8 MMSCMD, which will be obtained from GAIL/GSPCL. Water requirement will be 13.8 MLD, which will be obtained from Mahi Canal and Reservoir at Kanbha village from existing pipeline. There are no national park, wild life sanctuary, biosphere/ tiger /elephant reserves, heritage sites etc within 10km of the project boundary. Public hearing was held on 29.09.2010. Cost of the project will be Rs. 1433.85 Crores.

The Committee noted that the area is water scarce area and also suggested that old cooling tower may be abandoned and the project proponent shall examine in detail the feasibility to use sea water for condenser cooling.

The Committee also discussed the issues raised in the public hearing and the responses made by the project proponent. The major issues raised were regarding employment of local people, training and benefit to Dhuvaran village; drinking water supply; depletion of ground water and measures to be taken etc. The project proponent also confirmed that no litigation is pending in any Courts pertaining to the project.

Based on the information and clarifications provided, the Committee recommended the project for environmental clearance subject to stipulation of the following specific conditions:

i) Vision document specifying prospective plan for the site shall be formulated and submitted to the Ministry within six months.

ii) No discharge shall be made into the estuary nor intake point shall be located in the estuary.

iii) The project proponent shall provide space for FGD system for future installation as and when required.

iv) It shall be ensured that the area drainage is not disturbed due to the proposed expansion.

v) 100 % fly ash disposal shall be ensured from 4^th year of operation of the plant.

vi) Height of stack shall be 70 m with flue gas velocity not less than 22 m/s.

vii) Hydro geological study of the area shall be reviewed annually and report submitted to the Ministry.

viii) Monitoring of surface water quantity and quality shall also be regularly conducted and records maintained. The monitored data shall be submitted to the Ministry regularly. Further, monitoring points shall be located between the plant and drainage in the direction of flow of ground water and records maintained. Monitoring for heavy metals in ground water shall be undertaken.

ix) Green Belt consisting of 3 tiers of plantations of native species around plant and at least 100 m width shall be raised. Wherever 100 m width is not feasible a 50 m width shall be raised and adequate justification shall be submitted to the Ministry.

x) Waste water generated from the plant shall be treated before discharge to comply limits prescribed by the SPCB.

xi) A well designed rain water harvesting system shall be put in place within six months, which shall comprise of rain water collection from the built up and open area in the plant premises. Action plan and road map for implementation shall be submitted to the Ministry within six months.

xii) Well designed acoustic enclosures for the DG sets and noise emitting equipments to achieve the desirable insertion loss viz. 25 dB(A) should be provided.

xiii) Additional soil for leveling of the sites should be generated within the site in a way that natural drainage system of the area is protected and improved.

xiv) Impact on fishery shall be studied in case sea water use is feasible and adopted. Accordingly a scheme for uplifting the livelihood of fishermen community shall be formulated and a separate Fishermen Welfare Fund created to enhance their quality of life through creation of facilities for fish landing platforms / fishing harbour / cold storage etc. and 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. The fund shall be created not out of CSR budget.

xv) An amount of Rs. 5.70 Crores as one time investment should be earmarked for activities to be taken up under CSR by the above proponent. Recurring expenditure for CSR shall not be less than Rs. 1.20 Crores per annum till the operation of the plant. Detailed action plan with break-up of activities to be undertaken shall be submitted within six months to the Ministry.

xvi) While identifying CSR activities it shall be ensured that need based assessment for the nearby villages within study area shall be conducted to study economic measures with action plan which can help in upliftment of poorer sections of society. Income generating projects consistent with the traditional skills of the people shall be undertaken. Development of fodder farm, fruit bearing orchards, vocational training etc. can form a part of such programme. Company shall provide separate budget for community development activities and income generating programmes. Vocational training programme for possible self employment shall be imparted to pre identified villagers free of cost.

xvii) It shall be ensured that an in-built monitoring mechanism for the CSR schemes identified is in place and annual social audit shall be got done from a government institute of repute in the region. The project proponent shall also submit the status of implementation of the scheme from time to time.

xviii) An Environmental Cell shall be created at the project site itself and shall be headed by qualified officer, who is well versed with the environmental aspects. It shall be ensured that the Head of the Cell shall directly report to the head of the organization.

2.2 Expansion by addition of 800 MW Pragati-II Gas Based Combined Cycle Thermal Power Plant of M/s Pragati Power Corporation Ltd. at village Bamnauli, in South West Distt., in Delhi - reg. Environmental Clearance.

The project proponent informed its inability to present their case due to unavoidable circumstances and therefore was deferred for re-consideration at a later stage.

2.3 2x10 MW Captive Coal Based Thermal Power Plant of M/s Usha Martin Ltd. at village Tatisilwai, in Ranchi Distt., in Jharkhand - reg. Environmental Clearance.

The proposal is for consideration for environmental clearance. The project proponent made a presentation along with its consultant M/s Envirotech East Pvt. Ltd. and provided the following information:

The proposal is for setting up of 2x10 MW Captive Coal Based Thermal Power Plant at village Tatisilwai, in Ranchi Distt., in Jharkhand. Land requirement will be 12.278 acres, which is within the extended boundary of the existing Steel Wire Plant. The co-ordinates of the site are at Latitude 23⁰21’56.07” N to 23⁰22’28.79” N and Longitude 85⁰25’14.29” E to 85⁰26’03.60” E. Coal requirement will be 0.183 MTPA, which will be obtained from own captive operating mine at Kathautia near Daltonganj, in Jharkhand, which is about 200 Kms away. Ash and Sulphur contents in coal will be 41.70% and 0.3 to 0.5% respectively. About 0.0612 MTPA of Fly Ash will be generated, which will be supplied to cement manufacturer viz. M/s Holtec Cement Ltd. A stack of 61 m will be installed. Source of water requirement will be from Subarnarekha River which flows at a distance of 0.5 Km from the boundary of the project site. Air cooled condenser will be used for main condensate cooling. Make up water requirement will be 26 cum/hr. There are no national parks, wildlife sanctuaries, heritage sites, tiger/biosphere reserves etc. within 10 km of the site. Public hearing was conducted on 14.09.2010. Cost of the project will be Rs 97.0 Crores.

The project proponent requested the Committee that they be allowed to use coal through e-auction as the coal from their coal block is of high quality and it was felt unwise to use it for power generation. The Committee noted the request and informed that the issue can be taken up with the Ministry as these are matters that need to be in accordance with policy decision taken at the Ministry.

The project proponent also informed that they have not started any construction activity for the power project as alleged by some individual. It was further informed that the case filed in the High Court at Ranchi viz. W.P. No. 605/2010 is yet to be admitted.

The Committee noted that the plant is in the heart of the city and transportation of coal over a distance of 200 Kms by road is not an advisable option. The Committee therefore advised the project proponent that they shall firm up a concrete plan for taking up transportation of coal through railway. It was also noted that no firm agreement for fly ash utilization was in place and endorsement of the Ministry of Coal for utilizing the coal from the dedicated coal block for captive TPP need be furnished.

Before the end of the deliberation, the Committee further observed that the ambient air quality impact assessment was grossly erroneous and it was learnt that the project proponent have made the assessment based on better / best coal quality scenario. Not satisfied with the explanation offered by the consultant / project proponent the Committee suggested that the Ministry may like to seek explanation from the consultant seeking why action should not be taken against him for submission of false / erroneous data.

The Committee therefore decided that the project proponent shall first submit information on the following before their case is considered for environmental clearance:

i) Point wise compliance of TORs prescribed shall be submitted;

ii) Option for coal transportation by rail shall be considered.

iii) In case rail transportation is not feasible and road transportation is the only option left, adequate justification shall be provided. In that case, impact on ambient air quality along the route of transportation with details of vehicular density along the route shall be submitted;

iv) Ambient air quality data shall be re-assessed and cumulative impact of ambient air quality predictions accounting all possible sources of emissions shall be re-done using appropriate wind rose diagram;

v) CSR action plan with time bound implementation schedule and budgetry allocation activity wise shall be submitted;

vi) Proposal for fly ash utilization alongwith copy of agreements/MoUs firmed up with prospective fly ash users shall be submitted.

The Committee also decided that the above information / documents shall be submitted along with an undertaking in a notorised stamp paper of appropriate amount and duly signed by the Head of the Organisation or an officer of appropriate seniority (authorized to sign).

Accordingly the proposal was deferred for reconsideration at a later stage.

2.4 Expansion of 1000 MW (4x250 MW) by addition of 4x600 MW (2400 MW) Coal Based Thermal Power Plant of M/s Jindal Power Ltd. at Tamnar, in Gharghoda Tehsil, in Raigarh District in Chhattisgarh.

The Ministry had earlier accorded environmental clearance to M/s Jindal Power Limited in 2007 for 1000 MW Coal based thermal power plant at Tamnar in District Raigarh in Chhattisgarh. The land required for this plant layout was 614 ha of which 360 ha for power plant and remaining for ash dyke colony, etc. Subsequently, M/s Jindal Power Ltd. submitted an application for 2400 MW coal based power plant at Tamnar in District Raigarh with an area requirement was 1040 ha. The Ministry prescribed TORs for the project in March 2009.

2. In the meantime, a complaint was received from the NGO with photographic evidence that the promoters have shifted site and have started construction activity. A team was, therefore, deputed to verify the facts. The team inspected the site in April 2010 and reported that the company has started construction for 2400 MW power plant at the site which has been acquired by them for 1000 MW power plant. The Ministry also sought the facts from the proponent in this regard. The proponent denied that they have started any construction activity for 2400 MW power plant. The Chhattisgarh Environment Conservation Board (CECB) also verified the facts that the proponent has gone ahead with the construction activity even though no action was taken by the CECB under the provisions of Air & Water Acts.

3. As per the inspection report, M/s JPL were planning to establish 2400 MW power plant in an area of 62 ha, which appears to be grossly inadequate. The proponent did not inform the Ministry that they are planning to shift the plant area.

4. In regard to public hearing, the company approached the CECB informing that they have changed the site for 2400 MW unit and it will now be set up in the land already acquired for 1000 MW plant. The CECB, however, informed that the public hearing cannot be held due to change in the location as the draft EIA was prepared for the specific site. The proponent then withdrew the letter of change of site and requested the CECB to hold the public hearing as per the original plant. They further informed the CECB that they will obtain prior permission of the Ministry for changing the site. However, Ministry was not informed in this regard.

5. The Ministry noted the following:

a) That M/s JPL have violated the provisions of EIA Notification 2006 requiring prior environmental clearance before construction work is to begin for a project;

b) That M/s JPL have not informed the Ministry for any relocation / revised layout for 4x600 MW expansion plant for which TOR was prescribed on 31.03.2009.

c) That setting up of 4x600 MW in an area of 62 Ha is not possible.

6. The Ministry withdrew the TOR prescribed for 4x600 MW on 18.06.2010 and the project authorities were advised to submit a clear proposal for the 4x600 MW plant and follow provisions of EIA Notification, 2006, in case they want to pursue this project. The Ministry also directed the State Govt. of Chhattisgarh on 18.06.2010 to take action under the provisions of Environment (Protection) Act, 1986 against M/s JPL for commencing work prior to obtaining environmental clearance.

7. Based on the request of the project proponent, the proposal was placed before the Expert Appraisal Committee in its 3rd meeting held on 9th -10th August, 2010. M/s JPL made a presentation on the various issues leading to the withdrawal of TOR for 4x600 MW power plant. M/s JPL requested the Committee for restoration of the TOR and subsequent appraisal of the proposed expansion project for environmental clearance.

8. In that meeting the Committee recommended that the project may be appraised, based on its review of the matter, by following the original TORs along with additional information sought .

9. In the 7th Meeting held on September 28, 2010, the reply submitted in response to the Ministry’s letter dated 27.08.2010 seeking information with regard to the discussion held in the 3rd meeting of the Committee during August 9th - 10th, 2010 was placed before the Committee.

10. The information sought by the Committee were as under:

i) Whether the conditions stipulated while according environmental clearance for 1000 MW Coal Based Power Plant have been complied?

ii) The plant layout of 1000 MW power plant indicating location of plant, green belt etc. while according environmental clearance and revised lay out due to 2400 MW power project and along with layout of 2400 MW plant detailing the location of the plant, ash dyke, green belt etc.

iii) Whether there is a documentary evidence for firm coal linkage for 2400 MW power plant and water linkage for total capacity including 1000 MW and 2400 MW.

iv) What is the Cumulative environmental impact assessment and risk assessment due to 1000 MW and 2400 MW plants?

v) What is the total amount of ash to be generated from the 1000 MW and 2400 MW power plant and capacity of the ash dyke along with plan for utilization of fly ash?

11. In the said meeting, M/s Jindal Power Ltd. (JPL) also made a presentation on the above information sought. The main highlights of the presentation made by M/s JPL included the following:

i) Layout for the 1000 MW power plant and revised layout of 2400 MW along with green belt was submitted. As per the layout, the land use for 4x250 MW stage-I was 499 ha. As per the TORs awarded in March, 2009, the total area earmarked for 2400 MW was 1041 ha, of which 350 ha for the main plant area, 491 ha for ash dyke area, 100 ha for water reservoir and 100 ha for the staff colony.

ii) After the optimization of plant area, the main plant area will be 115 ha instead of 350 ha as envisaged while awarding TORs for 2400 MW plant. The area for ash dyke will be 241 ha instead of 491 ha. An area of 100 ha will be for the water reservoir. There will be no staff colony after the land optimization for which 100 ha of area was earmarked at the time of awarding Terms of Reference.

iii) Out of 614 ha of area for 1000 MW plant, about 499 ha of land has been used and remaining 115 ha of area now will be used for 2400 MW plant. The total land area optimized for the proposed expansion of 2400 MW power plant is 456 ha.

iv) The total area for 3400 MW would be 955 ha (2395 acres). The land used is 0.70 acres /MW.

v) Due to land optimization, some changes in the layout of 1000 MW power plant has been made. Revised layout for 2400 MW power plant was submitted.

vi) The company has letter of assurance for confirmed coal linkage of 2x600 MW units from the Ministry of coal.

vii) The water allocation of 54 MCM and 70 MCM is from Kurket Dam and Mahanadi River respectively.

viii) The cumulative risk due to 1000 MW and 2400 MW would restricted with in the plant boundary.

ix) As per the ash utilization plan from January, 2010 to July, 2010, for the 1000 MW TPP, total fly ash generated was 142482 tonnes, about 38% of the fly ash has been utilized. The maximum utilization of fly ash was due to mine back filling (47447 tonne) followed by low land filling (6820 tonne), brick plant (871 tonne) and batching plant (133 tonne).

x) The cumulative ash generation/annum will be 9.2 MTPA due to 1000 MW power plant (4x250 MW, 4x150 MW and 4x600 MW power plant). Out of 9.2 MTPA, 2 MTPA of ash will be generated from the 1000 MW power plant which will be mixed with OB of Gare IV/2 & IV/3 mines. About 2.64 MTPA ash generated from the 4x150 MW will be mixed with OB of Gare IV/1 mines. The ash generated from 4x600 MW (4.56 MTPA) will be mixed with OB of Gare IV/2, IV/3 & IV/6 mines.

xi) As per the cumulative ash plan presented before the Committee out of 9.2 MTPA ash generated, 7.36 MTPA of ash will be mixed with overburden and will be back filled with the captive coal mines.

xii) The back filling of ash in the mined out area will be as per the DGMS guidelines.

xiii) Out of 456 ha of land area for the 2400 MW power plant, green belt will be developed in 122 ha of area.

12. In the 7th meeting, it was decided to constitute a sub-group who may study the issues involved and decide on the requirement of any information which are material to appraisal of the project. Accordingly, a group comprising Dr. C.R. Babu; Dr. S.D. Attri; Shri S. Seshadri; Dr. G.S. Roonwal, Shri M.S. Puri from Central Electricity Authority (CEA) and representatives of the Ministry met on 30.09.2010 and decided that clarification on the following be sought:

i) The layout for 2400 MW power plant does not have provision for fabrication and storage area. The coal handling area will be near the steel plant at a distance of 30 km from the power plant. The details regarding area required for coal handling, corridor for pipe conveyor and status of land acquisition need to be furnished.

ii) The layout of 1000 MW plant has been changed. The area which was meant for green belt has been encroached upon. The area of green belt for 1000 MW (Phase-I) has been reduced from 122 ha to 85 ha due to proposed facilities for 2400 MW Phase-II. The condition regarding 33% of plant area for the green belt in case of 1000 MW plant has not been complied;

iii) The Chhattisgarh Mineral Development Corporation (CMDC) observed that the proposed site for 2400 MW is a coal bearing area. Whether concurrence of the Ministry of Coal has been obtained?

iv) About 100 ha of area has been earmarked for water reservoir which is a large area. As per CEA guidelines, 80 acres of area is required for water reservoir for 2400 MW of plant;

v) Detailed ash management plan for 100 % utilization from 4th year of operation excluding mine back filling;

vi) Copy of permission given by DGMS for backfilling of mined out area; and

vii) The report on the study regarding feasibility of dumping of fly ash in the mined out area as stipulated while according environmental clearance to Gare Palema mine in 2005

viii) Action taken for implementation of plan for conservation of wildlife as stipulated in environmental clearance for Phase-I.

ix) A detailed response to the issues raised during the public hearing and number of representations received regarding the project.

13. The information by M/s JPL on the above was placed before the Committee again for its views. M/s JPL along with its consultant M/s EMTRC Consultant Pvt. Ltd. also made a presentation on the issues and gave point wise clarification. The following information was provided:

a) That their parent company i.e. M/s JSPL have developed a fully automatic fabrication shop at Raigarh and is executing large fabrication orders for BHEL, reliance, L&T-MHI and JSPL’s captive power projects at Angul and Raigarh. That all major fabrication works for the proposed power project will be performed at this fabrication center at Raigarh and therefore no land provision for fabrication yard is kept at the plant site at Tamnar.

That coal for the proposed plant (expansion) will be received by rail at Raigarh near its existing Steel Plant. JSPL has planned to construct the coal stock yard and handling facilities for coal to be received from Coal companies at the village prasada in close proximity of steel plant of JSPL at Raigarh. The land required for the said facility is about 250 acres. JSPL has already initiated acquisition of 250 acres of land at Parsada, out of which 180 acres has been acquired. Coal transportation shall be done through pipe coal conveyor from Prasada to JPL Tamnar and will be extended up to JSPL mines beyond JPL proposed 4X600MW plant area to bring coal from Gare pelma IV/1 for JSPL’s Steel plant. Right of way required for above installation of such pipe conveyor would be 7.5 meter wide corridor for the length of the conveyor.

b) There is no change in the layout of the 1000 MW power plant and only the land use has been optimized. MoEF stipulated 33 % area of the main plant to be developed as green belt. That they had envisaged 360 Ha land to be utilized for setting up the main plant. However, finally the main plant could be setup over a land of 245 Ha due to optimization of the land. That the 1000 MW project was completed in 2008 and that the expansion project was conceived in 2007 (applied for grant of TOR in April 2007) i.e well before the completion of the 1000 MW project . That the green belt had thus been planned keeping in view the total project. As the entire 3400 MW project has been proposed in the originally allocated 360 Ha, the consolidated green belt for 3400 MW has been proposed as 122 Ha which is meeting the MoEF requirement. That in their earlier submissions to the Expert Appraisal Committee stated that in addition to the greenery around the plant, they have carried out substantial greening. That plantation on the additional area, if the State Government can make available to M/s JPL adjacent to the plant or elsewhere around the plant will also be carried out. That already plantation of about 14.21 lakh trees on a area of 710 Ha has been undertaken.

c) That in 1997 a letter from SECL was received stating that the 1000 MW proposed site is under the coal bearing areas. Accordingly, State Government helped the company in acquiring the necessary land for the 1000 MW power plant. In view of the clearance available to M/s Jindal Power Ltd. way back in 1997 for 2X250 MW, additional 2X250 MW in 2006 within the same 360 ha boundary and also due to the fact that the expansion project of 4X600 MW is being setup within the same 360 ha of land area, which has already been approved long back by MoEF and the State Government, no need to obtain clearance from CMDC was felt, as prospecting license has been granted to CMDC only in 2009 i.e much later than the clearance granted to M/s JPL and 1000 MW power plant has been setup and is operational before the prospecting license was granted to CMDC.

That as far as concurrence of Ministry of Coal is concerned, application for concurrence for setting up 2400 MW expansion project within same 360 Ha which was already approved by MoEF and the State Government in the year 1997, has been done. The same is under process in the MoC and it is expected to receive the concurrence shortly. That concurrence of the State Government for setting up the expansion project of 2400 MW within the same 360 Ha is also under process and the same is expected to be received shortly.

d) That an area of 100 ha was indicated for the water reservoir. In case the construction of the reservoir after detailed design is possible on the lesser area the balance area shall be converted into a green belt. During construction of the expansion project temporarily the area will be used for storage of material and for camping of the contactor’s labourers.

e) That 100% ash utilization target after 4 years of operation (as per MoEF notification) does not stipulate 100 % ash utilization to be done without mine backfilling. Hence the request not to insist on 100 % Ash utilization without mine backfilling. However, as desired, plan for 100% ash utilization without mine backfilling has been prepared and the same has been submitted.

f) The DGMS approval for the 1000 MW plant’s ash backfilling in the mine is already available. Permission from DGMS for mine back filling with ash from expansion project will be applied after consent to establish etc are in place for the 4X600 MW expansion project.

g) The geological report mentioning the type of rock formation in the mine area prepared by Geological Survey of India (GSI) has been also submitted. That IIT, Kharagpur has conducted a study and also done water samples testing after dumping of ash in the de-mined area and given results of the quality of underground water in the mines. A copy of study carried out by IIT, Kharagpur has been submitted.

h) As per the stipulation in the environmental clearance of 1000 MW plant, proposal for conservation of endangered wild life fauna was prepared in consultation with State Wild Life Department, and as per guidelines of the Wild Life (Protection) Act, 1972 had been submitted to the MoEF on 19.09.2006.

i) That all point raised during the public hearing were duly replied during the public hearing and have been annexed to the final EIA report. And that no separate representation against our expansion project has been received.

j) That regarding land acquisition, MoEF had cleared 56 Ha of land for the township for 1000 MW plant. The 33.984 Ha of land is part of the 56 Ha land approved by MoEF for construction of the colony. That MoEF had cleared 360 Ha of land for the main plant but it has been seen that the main plant could be set up within 245 Ha land. That 36.08 Ha as mentioned in MoEF letter is part of balance 115 Ha unacquired land remaining from 360 ha. That regarding 0.763 Ha as mentioned in MoEF letter for the pipe line conveyor belt, the land acquired was only for the footprint of the columns required for pipe conveyor.

14. M/s JPL also informed that a coal gasification plant at Tamnar is also being proposed though the same is at a preliminary stage as of now. It was also informed that for their proposed Steel Plant in the area, public hearing is yet to be held.

15. Further, regarding utilization of fly ash, M/s JPL also informed that they are proposing to have a Cement Plant in the area and that once the Cement Plant into operation, maximum fly ash will be utilized by the plant. However, it was also informed that a detailed fly ash utilization to cater 100% utilization from 4th year onwards has already been formulated and requisite documents will be submitted.

16. The Committee deliberated on the explanation provided by M/s JPL and advised them that details associated with Coal Gasification Plant including its possible impact on environment shall be taken care while preparing the EIA/EMP for the Steel plant. Further, impact of coal handing plant near the steel plant which is located at a distance of 30 Km should be brought to the notice of the public during the public hearing meeting. Cumulative impacts of the steel plant and coal handing plant should be assessed. All new activities like setting up a Coal Handling Plant and a Coal Gasification Plant which is now being proposed in the Steel Plant area should be clearly and specifically brought out in the Public Hearing Process for the Steel Plant. M/s. JPL have a duty cast on them to ensure total transparency and to ensure that there is no information gap between what they are actually proposing to do and what the community/public perceive them to be doing. The committee wishes to unequivocally advise M/s. JPL against playing a game of “Suppressio Veri – Suggestio Falsi” both at the time preparation of EIA/EMP for the proposed steel plant and at the time of Public Hearing for the same. The full details of the activities being taken up for the power plant in the steel plant area should be brought to the notice of the public in a comprehensive and understandable fashion.

17. Ms/ JPL was also informed that on the ground of optimizing land, the reduction in green belt area is not a wise decision, considering that the 33% area as interpreted by them seem to have considered only main plant area, whereas, thermal power plant in general comprises of main plant, ash dyke, coal handling area, water storage area, railway siding, township etc. etc. The Committee therefore emphasized that 33% green belt area shall be provided in all associated facilities / components of the power plant, in separate segments or otherwise, as the case may be.

18. The Committee also noted that coal linkage for only 2x600 MW is available and therefore recommendation for environmental , if agreed, can only be made for 2x600 MW (out of 4x600 MW).

19. Based on the information and clarifications provided, the Committee after prolonged deliberation recommended the project for environmental clearance for the expansion project by addition of 2x600 MW Coal Based Thermal Power Plant of M/s Jindal Power Ltd. at Tamnar, in Gharghoda Tehsil, in Raigarh District in Chhattisgarh subject to stipulation of the following specific conditions:

i) Environmental clearance shall be applicable for 2x600 MW only. However at a later stage when firm coal linkage for the third and fourth unit of 600 MW are also available, the project proponent may request the Ministry for inclusion of 2x600 MW, which the Ministry may consider appropriately on merit.

ii) As per the information provided by M/s JPL, it is noted that out of 360 ha of plant area, 245 ha is under 1000 MW capacity power plant. Out of remaining area of 115 ha, 53 ha is under the coal bearing area. As the project is located in the coal bearing area, M/s JPL shall obtain necessary permission from the Ministry of Coal.

iii) Vision document specifying prospective plan for the site shall be formulated and submitted to the Ministry within six months.

iv) Sulphur and ash contents in the coal to be used in the project shall not exceed 0.5 % and 34 % respectively at any given time. In case of variation of coal quality at any point of time fresh reference shall be made to MOEF for suitable amendments to environmental clearance condition wherever necessary.

v) Ash pond shall be lined with HDPE/LDPE lining or any other suitable impermeable media such that no leachate takes place at any point of time. Adequate safety measures shall also be implemented to protect the ash dyke from getting breached.

vi) For disposal of Bottom Ash in abandoned mines (if proposed to be undertaken) shall be done only after detailed study of geology of the mine identified and after establishing that the process will not be detrimental to the ground water regime and geology of the area. The study report shall be first submitted to the Ministry and the State Pollution Control Board for examination before such a venture is proposed to be carried out. In such a case, it shall be ensured that the bottom and sides of the mined out areas are adequately lined with clay before Bottom Ash is filled up. The project proponent shall also inform the State Pollution Control Board well in advance before undertaking the activity.

vii) 100 % fly ash disposal shall be ensured from 4th year of operation of the plant. Detailed status for 100% utilization after the 4th year of operation of the plant shall be submitted every six months to the Ministry.

viii) M/s JPL shall carry out a study to assess the impact on the ground water due to disposal of ash in the mind out area

ix) Height of stack shall be 275 m with flue gas velocity not less than 22 m/s.

x) It shall be ensured that the area drainage is not disturbed due to the proposed power plant.

xi) Source sustainability study of water requirement shall be carried out by an institute of repute. The study shall also specify the source of water for meeting the requirement during lean season. The report shall be submitted to the Regional Office of the Ministry within six months.

xii) Hydro geological study of the area shall be reviewed annually and report submitted to the Ministry.

xiii) Monitoring of surface water quantity and quality shall also be regularly conducted and records maintained. The monitored data shall be submitted to the Ministry regularly. Further, monitoring points shall be located between the plant and drainage in the direction of flow of ground water and records maintained. Monitoring for heavy metals in ground water shall be undertaken.

xiv) Green Belt consisting of 3 tiers of plantations of native species around plant and at least 100 m width shall be raised. Wherever 100 m width is not feasible adequate width shall be raised and proper justification shall be submitted to the Ministry.

xv) Waste water generated from the plant shall be treated before discharge to comply limits prescribed by the SPCB.

xvi) A well designed rain water harvesting system shall be put in place within six months, which shall comprise of rain water collection from the built up and open area in the plant premises. Action plan and road map for implementation shall be submitted to the Ministry within six months.

xvii) Well designed acoustic enclosures for the DG sets and noise emitting equipments to achieve the desirable insertion loss viz. 25 dB(A) should be provided.

xviii) Additional soil for leveling of the sites should be generated within the site in a way that natural drainage system of the area is protected and improved.

xix) For the tribal families (if any) affected directly or indirectly by the proposed project, specific schemes for upliftment of their sustainable livelihood shall be prepared with time bound implementation and in-built monitoring programme. The status of implementation shall be submitted to the Regional Office of the Ministry from time to time.

xx) The project proponent shall also adequately contribute in the development of the neighbouring villages. Special package with implementation schedule for free potable drinking water supply in the nearby villages and schools shall be undertaken in a time bound manner.

xxi) An amount of Rs. 53.60 Crores as one time investment should be earmarked for activities to be taken up under CSR by the above proponent. Recurring expenditure for CSR shall not be less than Rs. 10.7 Crores per annum till the operation of the plant. Detailed action plan with break-up of activities shall be submitted within six months to the Ministry.

xxii) The project proponent shall also adequately contribute in the development of other neighbouring villages. Special package with implementation schedule for providing potable drinking water supply in the near by villages and schools shall be undertaken in a time bound manner.

xxiii) While identifying CSR activities it shall be ensured that need based assessment for the nearby villages within study area shall be conducted to study economic measures with action plan which can help in upliftment of poorer sections of society. Income generating projects consistent with the traditional skills of the people shall be undertaken. Development of fodder farm, fruit bearing orchards, vocational training etc. can form a part of such programme. Company shall provide separate budget for community development activities and income generating programmes. Vocational training programme for possible self employment shall be imparted to pre identified villagers free of cost.

xxiv) It shall be ensured that an in-built monitoring mechanism for the CSR schemes identified is in place and annual social audit shall be got done from a government institute of repute in the region. The project proponent shall also submit the status of implementation of the scheme from time to time.

xxv) An Environmental Cell shall be created at the project site itself and shall be headed by an officer of appropriate seniority and qualification. It shall be ensured that the head of the Cell shall directly report to the head of the organization.

xxvi) Information on all new activities like settling up of a Coal Handling Plant, a Coal Gasification Plant, Coal stock yard etc. proposed to be setup and the proposed pipe coal conveyer from Prasada to JPL Tamnar should be brought to the notice of the people both through EIA/EMP studies and at the time of the Public hearing for the proposed steel plant of JSPL in an explicit, comprehensive and understandable fashion.

20. The recommendations of the committee are without any prejudice to the outcome of litigation filed by the Government of Chhattisgarh against M/s. JPL.

2.5 3X400 (1200) MW Gas Based Combined Cycle Power Plant of M/s Gujarat State Electricity Corporation Ltd. at village Maniyari, in Chanasma Taluk, in Patan Distt., in Gujarat - reg. TOR.

The proposal was considered for determination of terms of reference for undertaking EIA/EMP study as per provisions of EIA notification 2006. The project proponent along with its consultant viz. M/s Anand Consultant gave a presentation and provided the following information:

The proposal is for setting of 3x400 MW Gas Based Combined Cycle Power Plant at Village Maniyari, in Chanasma Taluk, in Patan Distt., in Gujarat. Land requirement will be 146 Acres, which is a waste land. The co-ordinates of the proposed site will be at Latitude 23⁰34’ 19” N and Longitude 72⁰4’ 7” E. Fuel requirement will be 4.69 MMSCMD, which will be sourced from GSPC network. Water requirement will be 42192 KLD, which will be met from Narmada Canal water, through a pipeline over a distance of 6 km from the project site. There are no National parks, Wildlife sanctuaries, Tiger/Biosphere reserves etc. within 10 km of the site. However there is a Sun Temple of Modhera at a distance of 9.0km from the project site.

Based on the information provided and presentation made the Committee prescribed the following specific TORs for undertaking detailed EIA study and preparation of EMP.

i) Prior approval from ASI (as may be applicable) shall be obtained and a copy of the clearance submitted.

ii) Vision document specifying prospective long term plan of the site shall be formulated and submitted.

iii) 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.

iv) 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.

v) The project proponent shall provide confirmed GPS readings of plant boundary.

vi) No water body/nallah (if any) shall be touched. It shall also be ensured that atleast 100 m distance is kept away from the HFL of the nallah/ river (if any) passing in and around the proposed site.

vii) Hydro-geological study (including sustainability study during lean season) of the area shall be conducted from an institute/ organisation of repute to assess impact of water regime in the area. Specific mitigation measures shall be spelt out and action plan for implementation of the same shall be provided.

viii) Layout of the plant indicating break-up of plant, green belt, infrastructure, roads etc. shall be provided.

ix) 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 fuel transportation system as well as for laying 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.

x) 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 (as applicable) 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.

xi) Land-use pattern in the study area shall be studied, which shall include identification of common property resources available for conversion into productive land. Action plan for abatement and compensation for damage to agricultural land/ common property land (if any) due to proposed project shall be prepared.

xii) Detailed socio-economic study shall be carried out for the study area comprising of 10 km from the plant site.

xiii) 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.

xiv) While formulating CSR schemes it shall be ensured that an in-built monitoring mechanism for the schemes identified is 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 plan for the status of implementation of the scheme from time to time.

xv) 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.

xvi) 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.

xvii) 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.

xviii) One complete season AAQ data (except monsoon) to be given along with the dates of monitoring. The parameters to be covered shall include RSPM(PM10,PM2.5), SO₂, NOx, Hg 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.

xix) Cumulative impact assessment on ambient air quality due to proposed plant and others (including existing as well as other proposed source of emission) shall be carried out and result submitted in the EIA Report. Mitigative measures as necessary shall be clearly spelt out.

xx) 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.

xxi) Fuel analysis shall be provided. Details of auxillary fuel, if any including its quantity, quality, storage etc should also be given.

xxii) Quantity of fuel required, its source and transportation route and mode and a confirmed fuel linkage documents shall be provided.

xxiii) Detailed plan for carrying out rainwater harvesting and proposed utilisation in the plant shall be provided.

xxiv) 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.

xxv) 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.

xxvi) Details of water balance taking into account reuse and re-circulation of effluents.

xxvii) Detailed plan for conducting monitoring of water quality regularly and mechanism for maintenance of records shall be formulated. Details 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.

xxviii) 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.

xxix) EMP to mitigate the adverse impacts due to the project along with item wise cost of its implementation.

xxx) A Disaster Management Plan 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 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.

xxxi) 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. If the same is not feasible detailed justification shall be submitted.

xxxii) Details of litigation pending or otherwise with respect to project in any courts, tribunal etc. shall be provided.

Besides all 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.

In addition, 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 reasons thereof?

ii) If yes, then details under mentioned to be provided:

a) Has PIN (Project Idea Note) {or PCN (Project Concept Note)} been 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.e019. 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 to be worked out and reported.

The Committee informed the project proponent that 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 which emerge 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.

2.6 Expansion by addition of 700 MW (Stage-II) Gas based Combined Cycle Power Project of M/s NTPC Ltd at National Capital Power Station Dadari, in Dadri taluk, in Gautam Budh Nagar Distt., in Uttar Pradesh - reg. TOR .

The proposal was placed for consideration for environmental clearance. A presentation was also made by the project proponent gave a presentation and provided the following information:

The proposal is for expansion of existing Gas based Combined Cycle Power Plant by addition of 700 MW (Stage-II) at National Capital Power Station Dadari, in Dadri taluk, in Gautam Budh Nagar Distt., in Uttar Pradesh. No additional land will be required for proposed expansion. The co-ordinates of the proposed site will be at Latitude 28⁰34’20.93” to 28⁰36’40.69” N and Longitude 77⁰36’5.9” to 77⁰37’37.63” E. Fuel Requirement will be 3.55 MMSCMD. Water requirement will be 15 cusecs, which will be obtained from Dehra Regulator located on Upper Ganga Canal system through a pipeline over a distance of 1.0 km from project site. There are no National park, wild life sanctuary, Biosphere/ tiger /Elephant reserves, Heritage sites etc within 10km of the project boundary.

Based on the information provided and presentation made the Committee prescribed the following specific TORs for undertaking detailed EIA study and preparation of EMP.

i) Status of compliance to the conditions stipulated in the environmental clearance for the existing units shall be submitted.

ii) Vision document specifying prospective long term plan of the site shall be formulated and submitted.

iv) 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.

v) The project proponent shall provide confirmed GPS readings of plant boundary.

viii) 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.

ix) Layout of the plant indicating break-up of plant, green belt, infrastructure, roads etc. shall be provided.

x) 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 fuel transportation system as well as for laying 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.

xi) 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 (as applicable) 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.

xii) Land-use pattern in the study area shall be studied, which shall include identification of common property resources available for conversion into productive land. Action plan for abatement and compensation for damage to agricultural land/ common property land (if any) due to proposed project shall be prepared.

xiii) Detailed socio-economic study shall be carried out for the study area comprising of 10 km from the plant site.

xiv) 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.

xv) While formulating CSR schemes it shall be ensured that an in-built monitoring mechanism for the schemes identified is 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 plan for the status of implementation of the scheme from time to time.

xviii) 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, Hg 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.