Rule, 2022

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 603] NEW DELHI, MONDAY, SEPTEMBER 5, 2022/BHADRA 14, 1944

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 5th September, 2022

G.S.R. 682(E).—In exercise of the powers conferred by sections 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Environment (Protection) Rules, 1986, namely:—

1. (1) These rules may be called the Environment (Protection) Second Amendment Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Environment (Protection) Rules, 1986, in Schedule – I, in serial number 25 for “* (i) Table 1” the following shall be substituted, namely: - Sl.

No.

Category Location/area Timelines for compliance (Non-retiring units) Last date for retirement of units for exemption from compliance parameters emissions emissions SO2 emissions 1 Category A With 10 km radius of National Capital Region or cities having million plus population Up to 31 st December 2022 Up to 31 st December Up to 31 st December 2022 Up to 31 st December 2 Category B With 10 km radius of Critically Polluted Areas or Non-attainment cities Up to 31 st December 2023 Up to 31 st December Up to 31 st December 2025 3 Category C Other than those included in category A and B Up to 31 st December 2024 Up to 31 st December Up to 31 st December 2025 1 As per 2011 census of India.

2 as defined by CPCB.

3. For “* (ii)” the following shall be substituted, namely: - ‘(ii) (a) The thermal power plant declared to retire before the date as specified in column (6) of Table-I shall not be required to meet the specified norms for parameters other than SO2 emissions in case such plants submit an undertaking to CPCB and CEA for exemption on ground of retirement of such plant: Provided that such plants shall be levied environment compensation from the dates as specified in column (4) of table –I, at the rate of rupees 0.40 per unit electricity generated in case their operation is continued beyond the date as specified in the undertaking;

(ii) (b) The thermal power plant declared to retire before the date as specified in column (7) of Table-I shall not be required to meet the specified norms for SO2 emissions in case such plants submit an undertaking to CPCB and CEA for exemption on ground of retirement of such plant:

Provided that such plants shall be levied environment compensation from the dates as specified in column (5) of table –I, at the rate of rupees 0.40 per unit electricity generated in case their operation is continued beyond the date as specified in the undertaking;’

4. For “* (iii)” the following shall be substituted, namely: - “(iii) there shall be levied environment compensation on the non-retiring thermal power plants, after the date as specified in column (4) and (5) of Table-I, as per the rates specified in the Table-II, namely: - Non-Compliant operation beyond the Timeline Environmental Compensation (Rs. per unit electricity generated) 0-180 days 0.20 181-365 days 0.30 366 days and beyond 0.40” NARESH PAL GANGWAR, Addl. Secy.

Note : The principle rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number

S.O. 844(E), dated the 19th November, 1986 and lastly amended vide notification

G.S.R. 143(E), dated the 22nd February, 2022.

and Published by the Controller of Publications, Delhi-110054.

MANOJ KUMAR VERMA

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Environment (Protection) Act, 1986