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Union of India - Section

Section 3 in The Environment (Protection) Rules, 1986

3. Standards for emission or discharge of environmental pollutants. - (1) For the purposes of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in [Schedules I to IV].

[* * *] [ Proviso omitted by S.O. 23(E), dated 16.1.1991 (w.e.f. 16.1.1991).]
(2)Notwithstanding anything contained in sub-rule (1), the Central Board or a State Board may specify more stringent standards from those provided in [Schedules I to IV] [ Substituted by G.S.R. 422(E), dated 19.5.1993 (w.e.f. 19.5.1993).] in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons, therefor, in writing.
(3)[ The standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) shall be complied with by an industry, operation or process within a period of one year of being so specified.[(3-A)(i) Notwithstanding anything contained in sub-rules (1) and (2), on and from the 1st day of January, 1994, emission or discharge of environmental pollutants from the [industries, operations or processes other than those industries, operations or processes for which standards have been specified in Schedule I shall] [Inserted omitted by S.O. 23(E), dated 16.1.1991 (w.e.f. 16.1.1991).][not exceed the relevant parameters and standards specified in Schedule VI:Provided that the State Boards may specify more stringent standards for the relevant parameters with respect to specific industry or locations after recording reasons therefor in writing;
(ii)The State Board shall while enforcing the standards specified in Schedule VI follow the guidelines specified in Annexures I and II in that Schedule.]
[(3-B) The combined effect of emission or discharge of environmental pollutants in an area, from industries, operations, processes, automobiles and domestic sources, shall not be permitted to exceed the relevant concentration in ambient air as specified against each pollutant in columns (3) to (5) of Schedule VII.] [ Substituted by G.S.R. 7, dated 22.12.1998 (w.e.f. 2.1.1999). Earlier it was inserted by G.S.R. 176(E), dated 2.4.1996 (w.e.f. 3.4.1996).]
(4)[ Notwithstanding anything contained in sub-rule (3),-
(a)the Central Board or a State Board, depending on the local conditions or nature of discharge of environment pollutants, may, by order, specify a lesser period than a period specified under sub-rule (3) within which the compliance of standards shall be made by an industry, operation or process;
(b)the Central Government in respect of any specific industry, operation or process, by order, may specify any period other than a period specified under sub-rule (3) within which the compliance of standards shall be made by such industry, operation or process.
(5)Notwithstanding anything contained in sub-rule (3), the standards for emission or discharge of environmental pollutants specified under sub-rule (1) or sub-rule (2) in respect of an industry, operation or process before the commencement of the Environment (Protection) Amendment Rules, 1991, shall be complied with by such industry, operation or process by the 31st day of December, 1991.] [Inserted omitted by S.O. 23(E), dated 16.1.1991 (w.e.f. 16.1.1991).] [Inserted by G.S.R. 422(E), dated 19.5.1993 (w.e.f. 19.5.1993).]
(6)[ Notwithstanding anything contained in sub-rule (3), an industry, operation or process which has commenced production on or before 16th May, 1981 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December, 1993.
(7)Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry, operation or process which has commenced production after the 16th day of May, 1991 but before the 31st day of December, 1991 and has shown adequate proof of at least commencement of physical work for establishment of facilities to meet the specified standards within a time-bound programme, to the satisfaction of the concerned State Pollution Control Board, shall comply with such standards latest by the 31st day of December, 1992.] [Added by G.S.R. 95(E), dated 12.2.1992 (w.e.f. 12.2.1992).]
(8)[ With effect from the date specified hereunder, the following coal based thermal power plants shall be supplied with, and shall use, raw or blended or beneficiated coal with ash content not exceeding thirty-four per cent, on quarterly average basis, namely :-] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(a)a stand-alone thermal power plant (of any capacity), or a captive thermal power plant of installed capacity of 100 MW or above, located beyond 1000 kilometres from the pit-head or, in an urban area or an ecologically sensitive area or a critically polluted industrial area, irrespective of its distance from the pit-head, except a pit-head power plant, with immediate effect] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(b)a stand-alone thermal power plant (of any capacity), or a captive thermal power plant of installed capacity of 100 MW or above, located between 750 - 1000 kilometres from the, 2015;, pit-head, with effect from the 1st day of January] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(c)a stand-alone thermal power plant (of any capacity), or a captive thermal power plant of installed capacity of 100 MW or above, located between 500-749 kilometres from the pit-head, with effect from the 5th day of June, 2016:
Provided that in respect of a thermal power plant using Circulating Fluidised Bed Combustion or Atmosphere Fluidised Bed Combustion or Pressurized Fluidised Bed Combustion or Integrated Gasification Combined Cycle technologies or any other clean technologies as may be notified by the Central Government in the Official Gazette, the provisions of clauses (a), (b) and (c) shall not be applicable] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]Explanation : For the purpose of this rule] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(i)'beneficiated coal' means coal containing higher calorific value but lower ash than the original ash content in the raw coal obtained through physical separation or washing process] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(ii)'captive thermal power plant' means a power plant which is set up by an industry to generate electricity for its exclusive use] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(iii)'critically polluted industrial area' means an industrial cluster or area where pollution levels have reached or likely to reach critical level, and has been identified as such by the Central Government or the State Government or the Central Pollution Control Board or a State Pollution Control Board] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(iv)'ecologically sensitive area' means an area whose ecological balance is prone to be easily disturbed and has been identified and notified by the Central Government] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(v)'installed capacity' shall be calculated by adding, individual capacity of all units within a boundary] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(vi)'pit-head power plant' means any captive or stand-alone power station having captive transportation system for its exclusive use for transportation of coal from the loading point at the mining end, up to the uploading point at the power station without using the normal public transportation system] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(vii)'stand-alone thermal power plant' means a power plant which is set up to generate electricity for feeding to electricity grid or for locations that are nor fitted with an electricity distribution system; and] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]
(viii)'urban area' means an area limit of a city having a population of more than one million according to the last census.] [Substituted by Notification No. G.S.R. 02 (E) dated 2.1.2014 ]