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New Industrial Policy 2001-2006
PROCEEDINGS OF THE GOVERNEMNT OF KARNATAKA
Dept. of Forest, Ecology and Environment (Ecology and Environment)
Sub:
Environment Clearance by State Environment Clearance Committee
  Ref: (i) GO. No. DEE 158 EPC 88 dated 21.4.90.
(ii) Circular No. FEE 43 EPC 92 dated 22.10.94
(iii) Proceedings of the meeting held by the Additional Chief Secretary and Principal secretary to Government, Commerce and Industries Department on 27.11.2001.
Preamble
  1. The State Environment Clearance Committee (SECC) was first constituted in Karnataka in 1985 in the aftermath of the Bhopal Gas Tragedy to focus on issues of industrial and environmental safety. In 1990, 36 industries were identified as highly polluting and hazardous and a decision taken to insist on environment clearance at the state level in respect of these industries vide GO No. DEE 158 EPC 88 dated 21.4.1990. with a view to further ensuring that the state does not abdicate its responsibility towards sensitive environment and ecological issues involved in the setting up of new industries as also expanding, diversifying, modernizing existing projects, industries or processes, this decision was reiterated and coverage extended to all industries, projects and processes vide circular No. FEE 43 EPC 92 dated 22.10.94.

  2. It has been argued by some that all the problems arising out of pollution and its abatement are broadly attended to through the application pollution control laws under the Water Act and Air Act implemented by the KSPCB, and therefore the State Environment Clearance Committee is redundant. However, the fact remains that it is often necessary to study environmental impact aspects of projects, processes or industries, other than pollution. These environmental impact aspects include inter-relationships between air, water, land and human beings, plants, living creatures micro-organisms and property. It is, therefore, crucial to study the impact of projects, processes, industries on the natural systems like forests, grass lands, static or flowing water bodies, water sheds, agricultural land, wild life, fishing and aquaculture, human settlements, flora and fauna, ground water quality, health of the population residing in the project areas, and on social life.

  3. With a view to addressing the above environmental issues, in addition to pollution problems, the Government of India, Ministry of Environment and forests issued Notification No. SO 60 (E) dated 27.01.1994 under sub-section (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act read with clause (d) of sub-rule of Rule 5 of the Environment (Protection) Rules 1986. the Notification stipulates that projects/industries listed in the Schedule 1 must obtain environmental clearance from the Central Government as per prescribed procedure.

  4. The State Government has felt the need to regulate from the environment protection angle, projects other than those projects listed in the Schedule 1 of the Notification No. SO 60 (E) dated 27.01.1994 Therefore in exercise of powers under section 5 of the Environment (Protection) Act, 1986 delegated to the State Government vide Notification No. SO 152 (E) dated 10.2.1988, the following orders are issued:
Government Order No: FEE 14 ENV 2000 Bangalore dated 31.12.2001

The State Environment Clearance Committee (SECC) will continue to function at the State level, with the following reforms:
a.

The SECC will be reconstituted to include a professional mix of administrators, experts with knowledge and competence in the areas of (i) ecosystems management, (ii) air/water pollution control: (iii) water resource management, (iv) flora/fauna conservation and management, (v) land use planning, (vi) social sciences rehabilitation, (vii) ecology and environment health, (viii) representation of NGOs and persons concerned with environment issues. Orders nominating members to the SECC will be issued separately.

b.

The SECC will scrutinize:

(i) Projects below investment levels of Rs. 50 crores but above Rs 5 crores indicated in Schedule I and para 2 II (a) - (e) of the MoEF Notification No. SO 60 (E) dated 27.1.94 as amended from time to time, irrespective of location, and indicated in Annexure 1 to this order. (It may be noted that projects listed in Annexure II to this order will require environment clearance from the Central Government as provided in the notification). These lists will be subjected to the amendments issued by the Central Government from time to time
(ii) Projects which fall in the Red Category with an investment of more than Rs. 5 crores, and those in locations outside state sponsored Industrial Areas/Estates, as indicated in Annexure III appended. This list will be subject to the amendments issued by the KSPCB from time to time.

c.

All Industrial Areas/Estates, Special Economic Zones, hence forth set up in the private, cooperative or public bodies/sector will require to conduct a comprehensive Environment Impact Assessment (EIA) study, and will come under the purview of the SECC. The EIA study will be conducted in accordance with the guidelines of the MoEF. The Department of Commerce and Industries, through KIADB and in interaction with the private entrepreneurs, will also take steps to provide for treatment and disposal systems in respect of solid waste, trade effluents, hazardous and toxic chemicals in all existing and future Industrial Areas/Estates as per the proceedings of the meeting held by the Additional Chief Secretary and Principal Secretary to Government, Commerce and Industries Department on 27.11.2001.

d. The industry/project seeking environment clearance will submit an application in the prescribed proforma along with the prescribed documents to the Dept. of Environment & Ecology before starting the work on the new/expansion/diversification/modernization project.
e. In the case of units using hazardons chemical and substances as per the Hazardous wastes (Management and Handling) Rules, 1989, a risk analysis report and on-site disaster management plan would additionally be considered essential.
f. The documents submitted by the entrepreneur will be first serutinized by the technical staff functioning in the Dept. of E&E, who may also undertake site visits wherever required, interact with the entrepreneur and hold consultations with experts on specific issues as and when necessary. After this preliminary scrutiny, the proposals will be placed before the SECC, which will take a decision based on the above information submitted by the entrepreneur and the findings of the technical staff.
g. The entrepreneur will apply for environment clearance only after Consent for Establishment has been issued by the KSPCB. Till environmental clearance is received, no construction work relating to the setting up of the industry shall be undertaken. Violation of the above condition will attract the provisions of Section 5 of the Environment (Protection) Act, 1986 and delegated tot eh state Government as per MOEF Notification No. SO. 152 (E) dated 10.2.88. KSPCB will not issue Consent for Operation till the entrepreneur has received environment clearance from the SECC.
h. Proposals submitted without requisite or insufficient or inadequate data and plans will be rejected by the Secretary of the administrative department. These proposals may be reviewed as and when submitted with complete data and plans.
i. The SECC will meet regularly; it will decide the procedure to evaluate the projects, and if deemed necessary it may call for additional information. Constitute/consult individuals or a committee of experts in order to satisfy itself on the suitability of the proposal for environment clearance. Wherever necessary, the SECC will undertake field visits, obtain firsthand information and interact with the public in order to obtain the views of the people who would be affected by the establishment of the industry/project/process.
j. In no case will a project, which is complete in all respects along with requisite prescribed documents from the entrepreneur, be kept pending for more than 120 days. In case of delay beyond 120 days, the project will be 'deemed cleared'. This provision of 'deemed clearance' will be applicable in case of prospective proposals received w.e.f. 01.1.2002 only, and will not apply to those proposals which are currently pending with the Dept, of E&E. simultaneously, steps will be initiated in the E&E to take final decision on pending cases within the next 2 months.
k. With a view to ensuring transparency in the proceedings of the SECC a system of inviting the entrepreneur, whose proposal is being considered, to participate in the deliberations of the Committee will be instituted.
l. The environment clearance given be the SECC will be without prejudice to any other permission required under any laws, bye-laws or regulation in force. The environment clearance would require amendments only in case of changes relating to process, operation, product or capacity. However, the State Government will have the right to revoke the environment clearance at any time, with due notice, if any breach of conditions contained in the environment clearance certificate are noticed and proved.

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m. Concealing factual data or submission of false misleading data/reports, decisions or recommendations would lead to the project being rejected. If on the basis of the false data, information, etc, an approval has been given, it shall be revoked. In case of violation of any of the stipulated conditions of the environmental clearance, the project proponent will be liable for action in accordance with the provision contained in section 5 of Environment (Protection) Act, 1986 delegated to state Government as mentioned earlier and section 15 of the Act.
n. KSPCB will take cognizance of the decision of the SECC, while considering cases for issue of CFO. KSPCB will also take steps to monitor the conditions stipulated by the SECC while according environmental clearance.
By order and in the name of the Governor of Karnataka
(P.Muddaiah)
Under Secretary of Government (Ecology and Environment)
Forest, Ecology and Environment Department

 

 

 

To
The Complier, Karnataka Gazette, Bangalore for publication in the next issue of
the Gazette and to supply 250 copies to this Department.

Copy to:-

  1. The P.S. to Minister for Forest, Ecology & Environment.
  2. The P.S. to Minister for Large and Medium Scale Industries
  3. The P.S. to Chief Secretary, Government of Karnataka
  4. The P.S. to ACS (General), Government of Karnataka
  5. The P.S. to ACS and Development Commissioner, Govt, of Karnataka
  6. The P.S. to P.S. to the ACS and Principal Secretary to Govt. Home and Transport Dept.
  7. The P.S. to ACS and Principal Secretary to Govt. Commerce & Industries Dept.,
  8. The P.S. to Principal Secretary to Govt, Forest, Ecology & Environment Department.
  9. All Principal Secretaries to Government.
  10. All Secretaries to Government
  11. The Chairman, KSPCB, PU Building, MG Road, Bangalore
  12. All Senior Environment Officers of State, Divisional and Regional Offices of the KSPCB.
  13. The Commissioner for Indsutrial Development an dDirector Industries and Commerce, Khanija Bhawan, Race Course road, Bangalore
  14. The Chief Inspector of Factories and Boilers, Gandhi Nagar, Bangalore
  15. The Commissioner for labour, VISL Building, JC Road, Bangalore
  16. All Deputy Commissioners of districts
  17. All Chief Executive Officers of Zilla Panchayats
  18. The MD, Karnataka Udyog Mitra UNI Building, Thimmaiah Road, Bangalore
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Annexure 1 to GO No. FEE 14 ENV 2000 dated 31.12.2001

Projects requiring environment clearance from Government of India if investments is more than Rs. 50 crores, and from the State Environment Clearance Committee of the Government of Karnataka if the investment is less than Rs. 50 crores and more than Rs, 50 crores

  1. Nuclear Power and related projects such as heavy water plants, nuclear fuel complex, rare earths;
  2. River valley projects including hydel power, major irrigation and their combination including flood control:
  3. Ports, harbours, airports;
  4. Petroleum refineries including crude and product pipelines;
  5. Chemical fertilizers (nitrogenous and phosphatic other than single super phosphate;
  6. Petrochemical complexes (both olefinic and aromatic) and petrochemical intermediates such as DMT, Caprolactum, LAB, etc., and production of basic plastics such as LDPE, HDPE, PP, PVC;
  7. Exploration of oil an gas and their production, transportation and storage;
  8. Synthetic rubber;
  9. Hydrocyanic acid and its derivatives;
  10. (a) Primary metallurgical industries (such as production of iron & steel, aluminum, copper, zinc, lead and ferro alloys); (b) Electric arc furnaces (mini steel plants);
  11. Chlor alkali industry;
  12. Viscose staple fibre and filament yarn;
  13. Storage batteries integrated with manufacture of oxides of lead antimony alloy;
  14. Highway projects;
  15. Pulp, paper and newsprint;
  16. Cement;
  17. Thermal power plants, excluding the following for which powers have been delegated to the State Government even if investment exceeds Rs. 50 crores vide Govt. of India Notification No. SO 319 (E) dated 10.4.97:
    17.1. Co-generation captive plants-irrespective of installed capacities
    17.2. Captive Power Plants-upto 250 MW (both coal and naphtha based) coming up separately and not along the main industry
    17.3. Utility projects upto 500 MW using fluidized bed technology subject to sensitive areas restrictions
    17.4. Coal based power plants upto 250 MW using conventional technologies
    17.5. Gas/naphtha based plants upto 500MW. Any project proposed to be located within the radius of 25 kms boundary of reserved forests, ecologically sensitive area which may include national parks, sanctuaries, biosphere reserves, critically polluted area and with 50 kms of inter state boundary shall require environment clearance from the Central Government. The environment clearance given to the above thermal power projects will be governed by the procedure laid down in the GoI Notification No. SO 319 (E) dated 10.4.97.
Annexure II to GO No. FEE 14 ENV 2000 dated 31.12.2001.

Projects requiring environment clearance from Central Government in terms of GOI Notification dated 27.1.94.

  1. Pesticides (technical)
  2. Bulk drugs and pharmaceuticals
  3. Asbestos and asbestos products
  4. Integrated paint complex including manufacture of resins and basic raw material required in the manufacture of paints
  5. All tourism projects between 200 meters to 500 meters of high tide line or at locations with an elevation of more than 1000 meters with an ivestment of more thatn Rs. 5 crores
  6. Mining projects (major minerals) with leases more than 5 hectares
  7. Tarred roads in Himalayas and /or forest areas
  8. Distilleries
  9. Raw skin and hides
  10. Dyes
  11. Foundries (individual)
  12. Electroplating
  13. Meta Amino Phenol.
Annexure III to GO No. FEE 14 ENV 2000 dated 31.12.2001.

Industries categorized as 'Red' by the Karnataka State Pollution Control Board requiring environmental clearance from the State Environment Clearance Committee, if investment exceeds Rs. 5 crores.

  1. Petroleum storage, gas filing and transfer facilities.
  2. Dry coal processing/mineral processing industries like ore sintering, benefication, pelletisation, etc.
  3. Coke oven by-products and coal tar distillation products.
  4. Coke making, coal liquification and fuel gas making industries.
  5. Paints, enamels and varnishes.
  6. Unhairing, soaking, delining, bating of hides.
  7. slaughtering of animals, rendering of bones, washing of meat and meat processing.
  8. Pigment and intermediates.
  9. Surface coating industries
  10. Bleaching.
  11. Degreasing.
  12. Phospating
  13. Pickling and Tanning.
  14. (a) Miscellaneous glassware without involving use of fossil fuel combustion.
    (b) Glass and Glass products involving use of coal.
  15. Surgical and medical products including prophylactics and latex products.
  16. Instant Tea/Coffee processing.
  17. Malted foods (except packing).
  18. Glue and Gelatin
  19. Metallic Sodium
  20. Manufacturing of photographic films, papers and photographic chemicals including film processing.
  21. Manufacture of plant nutrients (manure/except formulation).
  22. Phosphate rock processing plants.
  23. Manufacture of lubricating oils and grease.
  24. Vanasphathi, hydrogenated vegetable oils and industrial purposes.
  25. Sugar Mills (white and khandasari).
  26. Potash manufacturing
  27. Electro-thermal products (artificial abrasives, calcium carbide, etc)
  28. Phosphorous and its compounds.
  29. Acids and their salts (organic & inorganic)
  30. Nitrogen compounds (cyanides, cyanamides and other nitrogen compounds)
  31. Explosives (including industrial explosives, detonators and fuses)
  32. Phthalic anhydride
  33. Processes involving chlorinated hydrocarbon
  34. Chlorine, fluorine, bromine, iodine and their compounds.
  35. Synthetic fibres.
  36. Fibre glass production and processing.
  37. Refractories.
  38. Industrial carbons (including graphite, electrodes, modes, midget electrodes, graphite blocks, graphite crucibles, gas carbons, activated carbon, synthetic diamonds, carbon black, channel black, lamp black, etc).
  39. Electro-chemicals
  40. Polypropylene.
  41. Chlorates, Perchlorates and Peroxides.
  42. Synthetic resin and plastic products.
  43. Dyeing & Printing.
  44. Chemical industries.
  45. Cooking of fibres & digesting.
  46. Pulping and fermenting of coffee beans.
  47. Processing of fish.
  48. Food processing.
  49. Dairy
  50. Vegetable oil refinery.
  51. Manufacture of soaps & detergents.
  52. Manufacture of insecticides, fungicides, herbicide and pesticides.
  53. Stone crushers.
  54. Natural Latex.
  55. Nylon plants.
  56. Hazardous waste processing facilities and dump sites.
  57. All barge-mounted power plants.
  58. Import & storage of hazardous chemicals
  59. Import and storage of oil.
  60. CNS shell oil manufacture.
  61. Paint manufacture.
  62. Lime kilns,
  63. Lead refining.
  64. Vinyl resin.
  65. Rubber reclaiming.
  66. Naval base.
  67. Engineering industries (with electroplating and heat treatment)
  68. Holiday Resorts, Beach Resorts & Jungle resorts.
  69. Tourism projects coming under CRZ
  70. Hospitals and Nursing Homes.
  71. Incineration plants.
  72. Tobacco products including cigarettes & tobacco processing.
  73. Fire crackers.
  74. Abattoir.
  75. Wire drawing process involving pickling etc., except cold process.
  76. Automobile body building with metal processing
  77. Shaving blade manufacturing
  78. Audio & Video film processing including polyester film processing.
  79. Electric bulb filament processing.
  80. Mining and quarry projects.
  81. Tyre manufacture.
  82. Polyester filming yarn.
  83. All CETPs.
  84. Liquid propulsion rocket testing facility.
  85. Composite textile processing (except spinning)
  86. Printed circuit board manufacturing units.
  87. Fish processing with peeling.
  88. Hotels with electroplating.
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