3(a) Metallurgical Industries (Environment Clearance Exemption for Standalone rolling/ re-rolling / Extrusion / Forging /Drawing units not involving any type of melting and/or pickling)

MoEF&CC has published the Draft Notification related to  3(a) Metallurgical Industries dated 22nd November 2023.

3(a) Metallurgical Industries

S.O. 5020(E).—Whereas, the Central Government proposes to issue following draft notification in exercise of the powers conferred by sub-section (1), and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) is hereby published, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely to be affected thereby; and notice is hereby given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which copies of the Gazette containing this notification are made available to the Public;

 

Any person interested in making any objections or suggestions on the proposal contained in the draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110 003, or send it to the e-mail address at sujit.baju@gov.in and r.sundar@nic.in.

 

Whereas, the Environment Impact Assessment (EIA) Notification of the Government of India in the erstwhile Ministry of Environment and Forest vide number S.O. 1533 (E), dated the 14th September, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), regarding requirement of prior Environmental Clearance (EC) for the projects covered in its schedule (hereinafter referred to as the said notification);

 

And whereas, the Hon’ble National Green Tribunal vide its order, dated the 12th February, 2020, in Original Application No. 55/2019 (WZ), (Gajubha Jesar Jadeja vs Union of India &Ors.), has inter alia observed that Cold Rolled Stainless Steel Manufacturing Industries require prior environment clearance;

 

And whereas, the Central Government, had taken a considered decision in line with the above said order of the Hon’ble National Green Tribunal, so as to provide a window period for such re-rolling or cold rolling units to obtain prior Environmental Clearance;

 

And whereas, the matter was referred to an Expert Committee constituted to deliberate on the activities/process that are covered under item 3(a) to bring further clarity. The committee after due deliberation was of the view that the secondary metallurgical processing industries that do not involve melting, inter-alia including, rolling/ re-rolling, may be exempted from the requirement of EC even though they are covered under the item 3(a) of the notification number S.O. 1533 (E), dated the 14th September 2006, as their pollution potential is less compared to other metallurgical activities. Further, the Expert Committee also recommended the changes in the threshold levels of the metallurgical industries, based on their pollution potential. In addition to the above, the Expert Committee also recommended that pelletization plants may also be explicitly covered in the schedule of the said notification.

 

And whereas, based on the recommendations of the above mentioned committee, the Central Government deems it necessary to make amendments in the notification number S.O. 1533 (E), dated the 14th September, 2006 to incorporate the recommendations of the committee and to bring in further clarity;

 

Now, therefore, in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the said Environment (Protection) Act, 1986 (29 of 1986), read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the said notification which shall come into force on the date of its final publication in the Official Gazette, namely:-

 

A. In the Schedule, after item 2(b), the following item shall be inserted, namely: -

Ref. No. F.No IA-Z-11013/83/2022-IA-II(IND-I)