Compliance of Hon’ble NGT order dated 19.08.2019 (published on 23.08.2019) in O.A. No. 1038 2018 – reg.

Please refer to your letter No. CPCB/IPC-VII/CEPI/NGT/2019 dated 18.10.2019 regarding the subject mentioned as above. In this context, find enclosed herewith the mechanism for environmental management of Critically and Severely Polluted Areas and consideration of activities/projects in such areas in compliance of directions issued by Hon’ble National Green Tribunal on 19.08.2019 (published on 23.08.2019) in OA. No. 1038 2018. The enclosed Mechanism may be shared with the State/UT Governments and SPCB/PCCs for implementation. However, the report regarding CEPI and EPI assessment study done by CPCB may be put up to the Ministry for further deliberation.

Mechanism evolved after consultation with stakeholders for new activities/ expansion by Red & Orange Category of industries in Critically/ Severely Polluted areas.

 A. Environmental Management of CPAs and SPAs

Protocol to be followed by the State Pollution Control Boards (SPCBs)/ Pollution Control Committees(PCCs) For improvement of environmental quality in the  Critically Polluted Areas (CPAs) and Severely Polluted areas(SPAs)

1. The CEPI score assessment done by CPCB may be used as warning tool by the State Governments, SPCBs and other concerned to understand the severity of pollution existing in the area and to formulate appropriate action plan. 
2. The State Govts. / Union Territories / SPCBs/PCCs may finalize the time bound action plans within three months for the identified CPAs and SPAs to restore environment quality within norms. Short term and long term action points have to be formulated with time frames of up to one year and more than one year, as may be required, respectively.
3. The action plan may be prepared by a committee constituted by Chief Secretary. Representative of industries association may be included in the committee constituted. The final preparation of action plan including its execution may be overseen by the Chief Secretary of the concerned state. The same may shall be submitted to CPCB .for consideration & approval.
4. While preparing action plans, the committee constituted by the Chief Secretary shall follow the directions, issued by CPCB under section 18(1) (b) of the Water (Prevention & Control of pollution) Act, 1974 and the Air (Prevention & Control of pollution) Act,1981 on 26.04.2016, which include (i) environmental quality monitoring in all CPAs, (ii) installation of continuous ambient air quality monitoring stations/Strengthening of manual monitoring stations (iii) installation of continuous water quality monitoring stations, (iv) application of revised CEPI version and (v) action plan & monitoring. Long term and short term action plans, along with sector and region wise action points, should be defined clearly with time lines and responsible implementing agencies. Additionally, Source apportionment Studies may be conducted to ascertain contribution from sources including industries for planning actions.
5. The progress of implementation of action points may be reviewed by district and State Level Monitoring Committees, quarterly. It would be ensured that there is no slippage either in terms of time frame or the activities to be completed relating to the action plan. In case of delay/ inefficiency in implementation of action plan, the concerned State Government will take appropriate action against the responsible authorities, implementing agencies, industries, etc under the provisions of relevant acts/laws.
6. SPCBs/PCCs may undertake environmental quality monitoring for evaluating CEPI in the critically and severely polluted areas falling under their jurisdiction through an outside third party recognized agency (laboratory) under Environment (Protection) Act, 1986 and accredited under NABL. The frequency of monitoring may be twice in a year i.e. pre-monsoon season and post-monsoon season.
7. The action plans prepared for the CPAs/SPAs, environmental quality monitoring data, evaluated CEPI scores (as per revised CEPI-2016 concept) and progress reports of committee meetings to be placed in public domain through their respective State Govts. / UTs / SPCBs / PCCs websites. CPCB may also review the progress of implementation of action plans of CPAs/SPAs on a quarterly basis.
8. In case CEPI scores of a particular CPA continue to be in critical category for a year, MoEF&CC may review the action plans with the concerned State Govt. / Union territory and impose additional safeguards such as revising the time limits for implementation of action points, supplementary action points and may recommend penal action against the authorities responsible for implementation of action plan for environmental management of CPAs/SPAs.
9. CPCB may also carry out re-assessment of CEPI scores in UP As, with concurrence of MoEF&CC and report outcome for further consideration and decision by MoEF&CC.
10. Carrying capacity study of the each of the area may be carried out by State Govts, /Union Territories /SPCBs/PCCs based on the protocols prepared by CPCB.
    

B. Consideration of proposals for grant of Environmental clearance for new and expansion activities listed in ‘Red’ and ‘Orange’ Categories located in Critically Polluted Areas and Severely Polluted areas:

1. Any project or activity specified in Category B1 will be appraised at the Central Level, if located in whole or in part within 5 km from the boundary of Critically Polluted Areas or Severely Polluted Areas. However, Category B2 projects shall be considered at state level stipulating Environmental Clearance conditions as applicable for the Category ‘B1’ project/activities.
2. Proposals located in CPAs and SPAS may be examined by the sectoral Expert Appraisal Committee (EAC) during scoping/ appraisal based on the CEP’ scores of Air/Water/ Land Environment as published by CPCB from time to time. In such proposals, appropriate mitigation measures for the environment possessing higher CEPI score may be made by EAC in the form of recommendations/ decision. These recommendations may be explicitly mentioned in the Terms of Reference/Environmental Clearance letter and to be ensured by the member secretary concerned. 
3. SPCBs/PCCs may prescribe following additional conditions, deemed fit for grant Consent to  establish (CTE)/ Consent to Operate (CTO) to those projects/activities of Red/ Orange Categories located in CPAs/SPAs which are not covered under the provisions of the EIA Notification, 2006

Ref.: F.No.: Q-16017/38/2018-CPA