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Union of India - Section

Section 3 in 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 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 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)[ Use of coal by Thermal Power Plants, without stipulations as regards ash content of distance, shall be permitted subject to following conditions:
(1)Setting Up Technology Solution for emission norms: - (i) Compliance of specified emission norms for Particulate Matter, as per extant notifications and instructions of Central Pollution Control Board, issued from time to time.
(ii)[ In case of coal washeries, middling and rejects to be utilised in any Thermal Power Plants, subject to the said Thermal Power Plant complying with the stipulated emission and fly ash norms as specified in Ministry of Environment, Forest and Climate Change notification number S.O. 3305 (E) dated the 7th December, 2015, read with the notification number S.O. 763 (E), dated the 14th September, 1999 and its amendments [vide numbers S.O. 979 (E), dated the 27th August, 2003, S.O. 2804 (E), dated the 3rd November, 2009 and S.O. 254(E) dated 25th January, 2016] and related subsequent notifications and amendments issued from time to time.]
(2)Management of Ash Ponds: - (i) The thermal powers plants shall comply with conditions, as notified in the Fly Ash notification issued from time to time, without being entitled to additional capacity of fly ash pond (for existing power generation capacity) on ground of switching from washed coal to unwashed coal.
(ii)Appropriate Technology solutions shall be applied to optimise water consumption for Ash management;
(iii)The segregation of ash may be done at the Electro-static Precipitator stage, if required, based on site specific conditions, to ensure maximum utilization of fly ash;
(iv)Subject to 2(i) above, the thermal power plants to dispose fly ash in abandoned or working mines (to be facilitated by mine owner) with environment safeguards.
(3)Transportation: - (i) Coal transportation may be undertaken by covered Railway wagon (railway wagons covered by tarpaulin or other means) and/or covered conveyer beyond the mine area. However, till such time enabling Rail transport/conveyer infrastructure is not available, road transportation may be undertaken in trucks, covered by tarpaulin or other means.
(ii)It shall be ensured by the thermal power plant that -
(a)Rail siding facility or conveyor facility is set up at or near the power plant, for transportation by rail or conveyor; and
(b)If transportation by rail or conveyor facility is not available, ensure that the coal is transported out from the Delivery Point of the respective mine in covered trucks (by tarpaulin or other means), or any mechanized closed trucks by road.
(4)This shall also be deemed to be additional conditions of the relevant Environment Clearances for respective projects for financial year 2020-21 and onwards. The existing Environmental Clearances shall stand modified so as to make the above conditions operative for relevant sectors. The Consent to Operate shall be issued by respective State Pollution Control Boards accordingly.] [Substituted by Notification No. S.O. 1561(E), dated 21.3.2020 (w.e.f. 19.11.1986).]