(a) expansion or modernisation with capacity addition beyond the limits specified in the EC; (b) any change in the product mix of existing manufacturing unit beyond the specified range.

Expansion, modernisation or any change in the product mix or raw material mix in existing projects or activities, listed in the Schedule to this notification, resulting in capacity beyond the threshold limits specified, subject to conditions and procedure provided in the sub-paragraph (ii) of paragraph 7.

Note: The amendment makes the criteria of the increase in the production capacity applicable to expansion or modernisation as well as change in product mix or raw material mix.

• Provided there was no change in the production and no increase pollution load of the project, any change in the configuration of the plant (as per the EC earlier granted for the project) after detailed engineering during the execution of the project was exempted. (“Exemption I”)
• Provided there was no increase in pollution load and the resultant increase in production was not more than 50 percent of the production capacity permitted in the earlier EC, any change in raw material-mix or product-mix, change in quantities within products or number of products in the same category from the requirement of fresh EC was exempted. (“Exemption II”)

• Provided there is no change in production capacity and no increase in pollution load, any change in configuration of the plant or activity from the EC conditions during execution of the project after detailed engineering will be exempted. (“Exemption A”)
• Provided there is no increase in the pollution load, any increase in production capacity of projects in respect of processing or production or manufacturing sectors listed against item numbers 2 (related to primary processing like coal washeries, mineral beneficiation), 3 (related to materials production like cement plants, metallurgical industries), 4 (related to materials processing like petroleum refining, chlor-alkali, asbestos, ) and 5 (related to manufacturing/fabrication like chemical fertilisers, pesticides, petrochemicals, sugar distilleries, etc.) in the Schedule, with or without any change in (i) raw material-mix or (ii) product-mix or (ii) quantities within products or (ii) number of products including new products falling in the same category or (iv) configuration of the plant or process or operations in existing area or in areas contiguous to the existing area (for which prior EC has been granted) is exempted. (“Exemption B”)

Note: The amendment allows the project proponent to increase the production capacity of projects relating to specific sectors, provided there is no increase in the pollution load. Earlier, increase in production capacity without prior EC was not allowed and sectors were not specified.

Besides, it also extends the application of these exemptions to cases of expansion or modernisation with no increase in pollution load.

• For Exemption II, proponents had to follow the process specified in EIA Notification to obtain ‘no increase in pollution load’ certificate from the relevant SPCB or UTPCC.

For Exemption I, proponents had to inform the MoEFCC or State Environment Impact Assessment Authority (as the case may be) as well as relevant SPCB or UTPCC.

• For Exemption B, project proponent needs to provide the information about such changes along with ‘no increase in pollution load’ certificate on PARIVESH portal and also inform the relevant SPCB or Union Territory Pollution Control Committee (“UTPCC”). Such certificate will be obtained from Environmental Auditor or reputed institutions empanelled by the SPCB, UTPCC, Central Pollution Control Board or MoEFCC.
• Besides, they also need to install and implement Online Continuous Monitoring System.
• Exemption B will not apply if such change or increase results in change in category of project or activity from Category-B2 to either Category A or Category B1.

Note: Exemption B will not apply if on verification of the certificate, SPCB or UTPCC finds that such change results in increase in the pollution load. In such case, proponents would be deemed liable for obtaining prior EC and subject to action under provisions of Environment Protection Act, 1986 (“EPA”). This provision may result in indictment of those proponents under EPA who genuinely or in good faith had considered that pollution load will not increase due to such changes, or also on account of the negligence of the technical experts engaged by them for assessing the increase in pollution load. Given that these technical experts would be those empanelled by authorities, proponents may have no reason to doubt their expertise.

Besides, amendment does not specify whether the ‘pollution load’ certificate obtained by proponents will hold valid until its verification by authorities, and the period within which such verification process should be completed.

• For Exemption A, proponents will need to provide information about such changes on PARIVESH portal in the prescribed manner.

Determination of ‘pollution load’:

“Pollution load” shall be determined on the basis of multiplication of quantity and concentration of different components and parameters (as provided or referred in the prior EC or the EIA Report and Environment Management Plan based on which such prior EC has been granted), in respect of emissions, effluents or discharge, solid, industrial hazardous waste and such other parameters notified under the Environment (Protection) Rules, 1986.