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Om 04 10 2022

This document provides clarification on exemptions from environmental clearance requirements under the EIA Notification 2006. It clarifies that industrial sheds, which are buildings used for housing machinery, industrial units, or storage of raw materials and finished goods, are exempt from prior environmental clearance. These sheds must implement guidelines to ensure sustainable environmental management. However, if the shed houses any activity covered under the EIA Notification, it requires environmental clearance. Warehouses for storage of industrial products are also exempt. Sheds over 150,000 sqm require clearance. This clarification supersedes previous memorandums and is subject to outcome of court case in Kerala High Court.

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112 views3 pages

Om 04 10 2022

This document provides clarification on exemptions from environmental clearance requirements under the EIA Notification 2006. It clarifies that industrial sheds, which are buildings used for housing machinery, industrial units, or storage of raw materials and finished goods, are exempt from prior environmental clearance. These sheds must implement guidelines to ensure sustainable environmental management. However, if the shed houses any activity covered under the EIA Notification, it requires environmental clearance. Warehouses for storage of industrial products are also exempt. Sheds over 150,000 sqm require clearance. This clarification supersedes previous memorandums and is subject to outcome of court case in Kerala High Court.

Uploaded by

instausernidhiraj
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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F.No.

19-131/2019-IA-III [E 128798]
Government of India
Ministry of Environment, Forest and Climate Change
(Impact Assessment Division)
ee

Indira Paryavaran Bhawan


34 Floor, Vayu Wing, Jor Bagh Road
Ali Ganj, New Delhi-3

Dated: 4 October, 2022

OFFICE MEMORANDUM

Subject: Clarification regarding Gazette Notification No. S.O. 3252 (E)


dated 22.12.2014 on applicability of Environmental Clearance -
regarding.
Ministry of Environment, Forest and Climate Change vide Notification S.O. 3252
(E) dated 22/12/2014, amended the item 8 (a) of schedule to the EIA Notification 2006 to
state that industrial shed, school, college, hostel for educational institution shall be
exempted from requirement of Environmental Clearance (EC) but shall ensure
sustainable environmental management, solid and liquid waste management, rainwater
harvesting and may use recycled materials such as fly ash bricks.

2 Subsequently, the Ministry had clarified vide Office Memorandum (O.M) dated
05/03/2015 stating that “The word ‘Industrial Shed’ implies building (whether RCC or
otherwise) which is being used for housing plant and machinery of industrial units and
shall include Godowns and buildings connected with productioi. related and other
associated activities of the unit in the same premise”. Further, Ministry issued an OM
dated 9/06/2015 clarifying that Notification dated 22/12/2014 provides exemption to
buildings of educational institutions including universities from obtaining prior EC
under the provisions of EIA Notification 2006 subject to sustainable environmental
management and provided a set of guidelines to be followed for building projects to
ensure sustainable environmental management.

a. In addition to the above, the Ministry vide letter dated 06/09/2016 clarified that
the principle is of a dominant purpose. If an Industry is not covered under the EIA
Notification 2006 for obtaining prior EC, it shall not be required to obtain prior EC under

Page 1 of 3
item 8 of the schedule to the EIA Notification, 2006 if the size of the Industrial shed under
which that industry is proposed to be housed is more than 20,000 sq. mtrs of built up
area.

4. Thereafter, the Ministry issued an OM on 19/05/2022 stating that exemption


provided for educational institutions vide Ministry's Notification No. S.O. 3252 (E) dated
22/12/2014 shall be applicable to all educational institutions covered under the definition
of educational institution as mentioned in Noise Pollution (Regulation and Control)
Rules, 2000. However, these educational institutions shall strictly implement the
guidelines issued vide OM dated 9/06/2015 to ensure sustainable environmental
management.

5. The Ministry is now in receipt of representations to exempt warehouses for storage


of raw materials and finished goods of all consumption and industrial products including
but not limited to industrial and factory-made products (except hazardous materials)
from the requirement of prior EC along with industrial sheds, schools / colleges/ hostels
for educational institutions as per the provisions contained in item 8(a) of schedule to the
EIA Notification, 2006.

6. The matter has been examined in consultation with the concerned sector
appraising Infrastructure Projects. Based on the inputs provided by the concerned sector
of the IA Division, and further deliberation, the Ministry deems it necessary to clarify
that, the word Industrial Shed mentioned in the Notification S.O. 3252 (E) dated
22/12/2014 implies buildings/ warehouses/ sheds (whether RCC or otherwise) which
are used for housing machinery of industrial units and/or storage of raw materials and
finished goods and industrial products including but not limited to industrial and
factory-made products, irrespective of the location and proximity of the Industrial Shed
vis-a-vis any Industry. These Industrial Sheds shall strictly implement the guidelines
issued vide OM dated 9/06/2015 to ensure sustainable environmental management.
However, if any of the activities/processes covered in the schedule to the EIA
Notification 2006 are housed in the said Industrial Shed, then the sa’ 1e shall be required
to obtain prior EC under the provisions of EIA Notification, 2006.

7. Itis further mentioned that if the size of the industrial shed is = 1,50,000 sq.mtrs of
built up area it shall be required to obtain prior EC under item 8(b) of schedule to the EIA
Notification 2006, irrespective of the type of industry/ utility it houses.

Page 2 of 3
8. In view of the existence of the interim Order issued by High Court of Kerala at
Ernakulum [in writ petition W.P. (C) No. 3097 of 2016 (S)] dated 17/09/2020 and
23/11/2020 against the amendment to the EIA Notification, 2006 dated 22/12/2014, this
clarification, within the territorial jurisdiction of High Court of Ker ila, is subject to the
outcome of the said court case.

9. This clarification is issued in supersession of OM no.19-2/2014-IA.III dated


05/03/2015 and with the approval of the Competent Authority.

x. ) A pro] 2
(Sundar Ramanathan)
Scientist E
To
Chairman, Central Pollution Control Board (CPCB).
eer

Chairman of all the Expert Appraisal Committees


Chairperson/ Member Secretaries of all the SEIAAs/SEACs
Chairpersons/ Member Secretaries of all SPCBs/ UTPCCs
aa

' All the Officers of IA Division

Copy for information to:


1. PS to Hon'ble Minister for Environment, Forest and Climate Change
PS to Hon'ble MoS (EF&CC)
1S

Sr.PPS to Secretary (EF&CC)


Sr.PPS to AS(TK) / AS (NPG)
oe

Sr.PPS to JS (SKB)
Website, MoEF&CC
SS

Guard file.

Page 3 of 3

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