Introduction

The Ministry of Environment, Forest and Climate Change (MoEF&CC) amended the EIA Notification, 2006 vide Notification S.O. 980(E) dated 2 March 2021 to provide exemptions from prior Environmental Clearance (EC) for certain expansion activities.

However, ambiguity arose regarding the interpretation of the term “same category”, particularly for projects falling under Item 5(f) – Synthetic Organic Chemicals. To address this, the Ministry issued a clarification circular explaining the scope and applicability of the term.

This blog explains the clarification in a simple and practical manner for industries, consultants, and regulators.

Background of the Amendment to EIA Notification 2006

As per the amendment dated 2 March 2021, any increase in production capacity in the processing, production, or manufacturing sectors listed under Item 2, 3, 4, and 5 of the Schedule to the EIA Notification, 2006 is exempt from prior Environmental Clearance, provided that:

• There is no increase in pollution load (as derived from the earlier EC), and

• The expansion occurs:

  • within the existing area or contiguous area, and

  • with or without changes in:

    • raw material mix

    • product mix

    • quantities of products

    • number of products (including new products falling in the same category)

    • plant configuration or process

The Issue: Meaning of “Same Category”

While the exemption was clear for most sectors, confusion arose regarding the phrase “same category”, especially for Synthetic Organic Chemicals, which cover a wide range of products under Item 5(f) of the EIA Notification.

Industries sought clarification on whether introducing new products or changing quantities within Item 5(f) would still qualify as the “same category”.

Item 5(f): Categories of Synthetic Organic Chemicals

Item 5(f) of the EIA Notification, 2006 includes the following sub-categories:

1. Dyes and dye intermediates

2. Bulk drugs and intermediates (excluding formulations)

3. Synthetic rubbers

4. Basic organic chemicals

5. Other synthetic organic chemicals and chemical intermediates

Ministry’s Clarification on “Same Category”

The Ministry clarified that:

For Environmental Clearances granted under Item 5(f), any change in quantity, number of products, or introduction of new products within the same sub-category (1,2,3,4 or 5) shall be treated as falling under the “same category”.

Key Condition

This exemption applies only if there is no increase in pollution load, calculated based on the parameters approved in the original EC.

Practical Interpretation

What is Allowed Without New EC?

• Increasing production quantity

• Adding new products

• Modifying product mix

As long as all changes remain within the same sub-category (e.g., Basic Organic Chemicals only)

When is a New EC Required?

• If the project shifts from one sub-category to another

  • Example: From Basic Organic Chemicals to Dyes and Dye Intermediates

• If there is an increase in pollution load beyond the limits of the existing EC

Example for Better Understanding

Example 1 (No New EC Required):
A unit with EC for Basic Organic Chemicals adds a new organic chemical or increases capacity within the same category, without increasing pollution load.

✅ Exempt from prior EC.

Example 2 (New EC Required):
A unit with EC for Bulk Drugs and Intermediates starts manufacturing Dyes and Dye Intermediates.

❌ Not the same category – prior EC required.

Conclusion

The Ministry’s clarification brings much-needed clarity to industries operating under Item 5(f) of the EIA Notification, 2006.

In summary:

• “Same category” refers to the same sub-category under Item 5(f)

• Changes within the same sub-category are exempt from prior EC

• Pollution load must not increase beyond the approved limits

Practical Tips for Industries to Ensure Compliance

While the clarification provides flexibility, industries must ensure proper documentation and monitoring. Maintain updated records of production quantities, product categories, and pollution load calculations. Conduct internal audits regularly to confirm that expansions remain within the same category and pollution limits. This proactive approach not only avoids legal issues but also strengthens environmental responsibility and public trust.

Ref: F.No. IA-J-11011/395/2025-IA-II(I)