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J-13012/89/2009 - IA. II (T) Government of India

Ministry of Environment & Forests

Tel no: 011- 2436 4067 e-mail: [email protected]

Paryavaran Bhavan, C.G.O. Complex,

Lodi Road, New Delhi -110003. Dated: 13.06.2013

CORRIGENDUM

Sub: 2x600 MW Imported Coal Based TPP at villages Erukkattanchery, Kazhizppanallur and Manichkapangu, in

Tarangambadi Taluk, in Nagapattinam Distt., in Tamil Nadu - reg.

The Ministry of Environment & Forests had accorded environmental

clearance to the above project on 20.01.2011 as per the procedure laid in

the EIA Notification, 2006.

2. Subsequently, the environmental clearance granted was challenged before the National Green Tribunal (NGT) in the Appeal No. 12 of 2011. The Hon’ble National Green Tribunal in its judgment dated 30.05.2012 had

directed the Ministry to “appraise the project based on updated EIA report both on terrestrial and marine ecology and also based on objections / suggestions received (if any) on the aforesaid updated reports”. The Hon’ble

Tribunal had also suspended the environmental clearance until the appraisal mentioned above is carried out and the Ministry takes a decision.

3. In pursuance to the directions of the Hon’ble NGT, the updated EIA reports (terrestrial and marine) was placed before the Expert Appraisal

Committee (Thermal Power) in its meetings held during October 8-9, 2012; November 5-6, 2012; December 4, 2012; and January 7-8, 2013. The

Expert Appraisal Committee (EAC) had noted that the project proponent shall submit para-wise response /remarks/information on the order of the NGT. That the EAC had also decided that the response shall be submitted

in the form of an affidavit duly signed by the Competent Authority in the organization and notarized. The EAC had also decided that the response/ remarks/ information shall be accompanied by a Board Resolution

certifying that the signatory of the affidavit providing response/remarks/information submitted is authorized to sign. The EAC

had further advised M/s Chettinad Power Corpn Pvt. Ltd. to provide a copy of the revised EIA report to the appellant immediately.

4. It is noted that the EAC after detailed deliberations of the updated EIA reports and the issues flagged by Coastal Action Network and the

corresponding response made by M/s Chettinad Power Corpn. Pvt. Ltd. have finally recommended that the environmental clearance earlier

recommended stands upheld as no purpose in particular environmental and social concerns could be solved by further delaying implementation of the project. The EAC however have also recommended that few additional

conditions earlier not prescribed shall be further added/prescribed. 5. The Ministry accepts the recommendation of the EAC (Thermal Power)

for amendment / stipulation of additional conditions to the environmental clearance accorded to the project on 20.01.2011 and stipulates following

additional conditions:

6. Under para no. 4, after specific condition no. (xxxvi) the following

conditions shall be now added:

(xxxvii) The project proponent shall setup a state-of-the-art environmental laboratory at the project site. The laboratory shall have facilities for long term monitoring of sea water quality and sediment in the

impacted zone over and above and ambient air, soil quality analysis of the area. The proponent shall undertake mitigative measures if there are any negative impacts.

(xxxviii) Sea water quality shall be continuously monitored for salinity,

turbidity and temperature at selective sites across the impacted zone in order to protect and preserve the marine flora and fauna of the region. Sea water quality and sediments shall also be

monitored at selective sites across the impacted zone including estuarine waters. The monitoring data should be uploaded on the website of the company and also be submitted to Regional Office

of the Ministry every six months.

(xxxix) Regeneration of degraded mangroves (if any in the study area) shall be undertaken through institutes such as Annamalai University.

(xl) To minimize entrapment of small marine flora and fauna, state of

the art low aperture intake screens with high effectiveness for impingement and entrainment and fishnet around intake shall be installed.

(xli) Fish catch along the impacted zone of sea should be monitored

periodically by the Department of Fisheries, Government of Tamil

Nadu.

(xlii) The waste stream from the FGD should be disposed in an environmentally sound and safe manner.

(xliii) Marginalized section of society particularly traditional fishermen communities shall be identified based on 2011

population census data and socio-economic study of the various strata of families such as those carrying out subsistence fishing,

commercial fishing etc. shall be carried out and impact on their livelihoods shall be assessed separately. Accordingly, sustainable welfare scheme/measures shall be undertaken and

status of implementation shall be submitted to the R.O. of the Ministry.

(xliv) A study on the identification of local employable youth shall be immediately carried out and training shall be imparted for eventual employment in the project itself. The status

implementation shall be submitted to the R.O. of the Ministry from time to time.

(xlv) Fish catch along the impacted zone of sea should be monitored periodically by the Department of Fisheries, Government of Tamil

Nadu. The project proponent shall accordingly take up the matter with the Fishery Dept., Govt. of Tamil Nadu from time to time.

(xlvi) Marginalized section of society particularly traditional fishermen communities shall be identified based on 2011 population census data and socio-economic study of the various strata of families

such as those carrying out subsistence fishing, commercial fishing etc. shall be identified and impact on their livelihoods shall be assessed separately. Accordingly, sustainable welfare

scheme/measures shall be undertaken and status of implementation shall be submitted to the Regional Office of the

Ministry every six months.

(xlvii) If dredging is involved it shall be ensured that the quality of

sediments at the dumping if any in the sea should be monitored periodically and its impact on benthic fauna, if any, should be mitigated.

(xlviii) A long term study of radio activity and heavy metals contents on coal to be used shall be carried out through a reputed institute

once the power plant is commissioned. Thereafter mechanism for an in-built continuous monitoring for radio activity and heavy metals in coal and fly ash (including bottom ash) shall be put in

place.

(xlv) Continuous monitoring for heavy metals in and around the ash pond area after commissioning shall be immediately carried out by reputed institutes like IIT, Chennai.

5. All other conditions mentioned in this Ministry’s letters of even no. 20.01.2011 shall remain the same.

This issues with the approval of the Competent Authority.

Yours faithfully,

(Dr Saroj) Director

M/s Chettinad Power Corpn. Pvt. Ltd. 5th Floor, Rani Seethai Hall 603, Anna Salai

Chennai – 600 006.

Copy to: 1. The Secretary, Ministry of Power, Shram Shakti Bhawan, Rafi Marg,

New Delhi 110001.

2. The Secretary (Environment), Environment Department, Government of Tamil Nadu.

3. The Chairman, Central Electricity Authority, Sewa Bhawan, R.K.

Puram, New Delhi-110066. 4. The Chairman, Tamil Nadu State Pollution Control Board, No. 76,

Mount Road, Mount Salai, Guindy, Chennai - 600 032 5. The Chairman, Central Pollution Control Board, Parivesh Bhawan,

CBD-cum-Office Complex, East Arjun Nagar, Delhi- 110032.

6. The Chief Conservator of Forests, Regional Office (SZ), Kendriya Sadan, 4th Floor E&F Wings 17th Main Road, 1 Block , Koranmangala, Bangalore -560 034.

7. The District Collector, Nagapattinam District, Govt. of Tamil Nadu. 8. Guard file.

(Dr Saroj) Director

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J-13012/89/2009 - IA. II (T) Government of India

Ministry of Environment & Forests

Tel no: 011- 2436 4067 e-mail: [email protected]

Paryavaran Bhavan, C.G.O. Complex,

Lodi Road, New Delhi -110003. Dated: 23.08.2013

OFFICE MEMORANDUM

Sub: Change in configuration from 2x600 MW Sub-Critical Technology

to 2x660 MW Super-Critical Technology Imported Coal Based Thermal Power Project at villages Erukkattanchery,

Kazhizppanallur and Manichkapangu, in Tarangambadi Taluk, in Nagapattinam Distt., in Tamil Nadu and others - Amendment of environmental clearance - reg.

Sir,

This has reference to your letter no.CPCL/MoEF/13-14/021, dated 24.06.2013 requesting for amendment in the environmental clearance

accorded by this Ministry vide its letter of even no. dated 20.01.2011.

2. The Ministry of Environment & Forests had accorded environmental

clearance for 2x600 MW Imported Coal Based TPP proposed to be set up at villages Erukkattanchery, Kazhizppanallur and Manichkapangu, in Tarangambadi Taluk, in Nagapattinam Distt., in Tamil Nadu, on

20.01.2011 as per the procedure laid in the EIA Notification, 2006.

3. Subsequently, the aforesaid environmental clearance was challenged before the National Green Tribunal (NGT) in the matter of Appeal No. 12 of 2011. The Hon’ble National Green Tribunal in its judgment dated

30.05.2012 had directed the Ministry to “appraise the project based on updated EIA report both on terrestrial and marine ecology and also based on

objections / suggestions received (if any) on the aforesaid updated reports”. The Hon’ble Tribunal had also suspended the environmental clearance until the appraisal mentioned above is carried out and the Ministry takes a

decision. 4. In pursuance to the directions of the Hon’ble NGT, the updated

Environmental Impact Assessment (EIA) reports (terrestrial and marine) was placed before the Expert Appraisal Committee (Thermal Power) in its

meetings held during October 8-9, 2012; November 5-6, 2012; December 4, 2012; and January 7-8, 2013. The Expert Appraisal Committee (EAC) had noted that the project proponent shall submit para-wise response

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/remarks/information on the order of the NGT. That the EAC had also decided that the response shall be submitted in the form of an affidavit

duly signed by the Competent Authority in the organization and notarized. The EAC had also decided that the response/ remarks/ information shall

be accompanied by a Board Resolution certifying that the signatory of the affidavit providing response/remarks/information submitted is authorized to sign. The EAC had further advised M/s Chettinad Power Corpn Pvt.

Ltd. to provide a copy of the revised EIA report to the appellant immediately.

5. It is noted that the EAC after detailed deliberations of the updated EIA reports and the issues flagged by Coastal Action Network and the

corresponding response made by M/s Chettinad Power Corpn. Pvt. Ltd. have finally recommended that the environmental clearance earlier recommended stands upheld as no purpose in particular environmental

and social concerns could be solved by further delaying implementation of the project. The EAC however have also recommended that few additional

conditions earlier not prescribed shall be further added/prescribed. 6. The Ministry accepted the recommendation of the EAC (Thermal

Power) for amendment / stipulation of additional conditions to the environmental clearance accorded to the project on 20.01.2011 and additional conditions over and above the conditions stipulated in the

Ministry’s letter of even no., dated 20.01.2011 was issued vide its letter dated 13.06.2013.

7. The request for change in configuration has been examined and in acceptance of the recommendation of the Expert Appraisal Committee

(Thermal Power) made in its 32nd Meeting held during September 12-13, 2011, the following changes as mentioned under shall be made in this Ministry’s letter of even no. dated 20.01.2011 and 13.06.2013.

a) The figures 2x600 MW mentioned in the subject matter and at para

no. 2 of this Ministry’s letter of even no., dated 20.01.2011 and in the subject matter of this Ministry’s letter of even no., letter dated 13.06.2013 shall be now read as “2x660 MW Super-Critical

Technology”. b) Under para no. 4, the specific condition no. (viii) read as “Sulphur and

ash contents in the coal to be used in the project shall not exceed 0.6 % and 34 % respectively at any given time. In case of variation of coal quality at any point of time, fresh reference shall be made to MoEF for suitable amendments to environmental clearance condition wherever necessary”, shall be now read as under:

“Sulphur and ash contents in the imported coal to be used in the project shall not exceed 0.6 % and 8.8 % respectively at any given time. The calorific value of the imported coal shall be not less than 5000 Kcal/kg. In case of variation of coal quality at any point of time, fresh reference

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shall be made to the Ministry of Environment & Forests for appropriate consideration”.

3. All other conditions mentioned in this Ministry’s letters of even no.

20.01.2011 and 13.06.2013 shall remain the same.

This issues with the approval of the Competent Authority.

(Dr Saroj)

Director M/s Chettinad Power Corpn. Pvt. Ltd. 5th Floor, Rani Seethai Hall

603, Anna Salai Chennai – 600 006.

Copy to: 1. The Secretary, Ministry of Power, Shram Shakti Bhawan, Rafi Marg,

New Delhi 110001.

2. The Secretary (Environment), Environment Department, Government of Tamil Nadu.

3. The Chairman, Central Electricity Authority, Sewa Bhawan, R.K.

Puram, New Delhi-110066. 4. The Chairman, Tamil Nadu State Pollution Control Board, No. 76,

Mount Road, Mount Salai, Guindy, Chennai - 600 032

5. The Chairman, Central Pollution Control Board, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi- 110032.

6. The Chief Conservator of Forests, Regional Office (SZ), Kendriya Sadan, 4th Floor E&F Wings 17th Main Road, 1 Block , Koranmangala, Bangalore -560 034.

7. The District Collector, Nagapattinam District, Govt. of Tamil Nadu. 8. Guard file.

(Dr Saroj) Director