The business of sustainability
© Copyright 2018 by ERM Worldwide Group Limited and/or its affiliates (‘ERM’). All Rights Reserved.
No part of this work may be reproduced or transmitted in any form or by any means, without prior written permission of ERM.
Regulatory framework and EIA Scoping for offshore wind power projects in India
An Overview by ERM
www.erm.com
Agenda
About ERM and the scope of
FOWPI
Key EHS Regulations relevant to
Offshore Wind Farms
Regulatory Framework for Onshore Wind
Farms
Discussion Points for
Offshore Wind Farm Regulatory
Framework
The business of sustainability 2
About ERM
www.erm.com
ERM’s Services
The business of sustainability 4
Working together to meet your environmental, health , safety and sustainability needs
Asset & Portfolio
Management
Transforming liabilities into
opportunities to help our clients
maximize the value of their
asset portfolio and drive
stronger financial and
reputational outcomes through
proactive management of
EHSS issues.
Healthy, Safety & Risk Optimizing business
performance by helping our
clients derive greater value
from their investments in
health, safety, and risk
management while protecting
people, assets, and the
environment.
Operational Performance Improving operational
performance for organizations
around the world through an
outcome-driven approach to
EHSS, broad understanding of
regulations and standards, and
expert stakeholder
management.
Data Management &
Technology
Transforming EHSS data
management from an
administrative burden into a
business advantage through
innovative technology,
automating processes, and
integrating systems.
M&A SolutionsEmpowering companies to
identify, prioritize, and realize
EHSS performance and
efficiency opportunities when
making acquisitions, merging
and integrating operations, and
divesting assets to increase
overall value, accelerate return
on investment, and attain
strategic goals.
Environmental Compliance Enabling organizations to
realize maximum value from
environmental activities and
investments by better
understanding and meeting
compliance obligations in a
continually changing regulatory
landscape.
Major Capital Projects Sustainability AdvisoryEnsuring major capital projects
stay on schedule, budget, and
scope by providing EHSS
insights and expertise
throughout the project lifecycle,
from planning and design to
implementation and ongoing
management.
Identifying and leveraging
opportunities to improve
performance and profitability,
strengthen reputation and
relationships with key
stakeholders, and enhance
competitive advantage by
embedding sustainability
across our clients’ businesses.
www.erm.com
ERM’s contribution to the evolution of the Environmental Regulatory Landscape in India
5
ERM has been routinely advising the central and state regulatory authorities on policy matters since the establishment of its footprint in
India. This gives us a unique perspective on the current and future regulatory landscape of the country. Select experiences include:
2006
•Environmental Clearance (EC) Notification and EIA Guidelines, a defining element of the environmental regulatory framework in India (Ministry of Environment, Forests & Climate Change, MOEF&CC), was drafted by ERM India
2011-14
•Assessment of Contamination, Design of Remediation Plan and Supervision of Remediation Activities for a Group of 7 chromium contaminated sites along State Highway 13 in Hooghly District and a Group of 5 mercury and naphthalene contaminated sites in West Bengal.
•Both these projects were part of the MoEFCC, Government of India Capacity Building for Industrial Pollution Management Project (CBIPMP).
2012
•The Sustainable Development Framework for Mining Sector in India was drafted by ERM India. It presents a set of guiding principles for the mining sector in India, which aims at achieving resource efficiency, business viability and environment stewardship around development of affected communities.
2014
•ERM is consultant to the Central Pollution Control Board (CPCB) for 8 contaminated sites under the National Program on Remediation of Polluted Sites (NPRPS)
2015
•Capacity building support to MOEF&CC and QCI/NABET for jointly organizing stakeholder consultation workshops on Environmental Impact Assessment -Challenges in India and way forward
2018
•ERM was the sole organization invited to represent the ‘Environmental Sector’ as one of the 12 Champion Sectors launched by the Hon’ble President of India during The Global Exhibition Services (GES) 2018. This was held in Mumbai in May 2018.
www.erm.com
ERM undertook a site reconnaissance of the proposed 1 GW offshore wind power project in Gulf of Khambhat, Gujarat, India
Based on primary and secondary data, environmental, social and ecological receptors were identified and the potential for impacts on these receptors were defined.
Environmental and Social Scoping Study
ERM created a register of relevant permits, licenses, permissions and approvals for the offshore wind farm components that would need to be obtained over the course of the project life cycle.
Consent RegisterRecommendation of framework
for EIA and Consents
ERM’s Scope of Work for FOWPI
ERM compared the current EIA
framework for offshore wind projects
in UK, DK, EU and Hong Kong. The
current EIA framework was compared
to India’s EIA framework. The
recommendations of a regulatory
framework for EIAs identified the key
gaps that need to be finalized prior to
construction of FOWPI.
www.erm.com
Impacts associated with offshore wind power projects
The business of sustainability 7
Existing Indian Regulatory/Legal Environmental Framework Applicable for Offshore Wind
www.erm.com
The offshore wind farm project can possibly be governed by the following regulations and maritime
conventions:
▪ National Offshore Wind Energy Policy-2015;
▪ Offshore Wind Energy Lease Rules, 2019 (Draft)
▪ Coastal Regulation Zone (CRZ) Notification, 2019/EIA Notification, 2006 (as amended);
▪ Electricity Act, 2003;
▪ Indian Ports Act, 1908;
▪ Forest Conservation Act, 1980 / Wild Life Protection Act, 1972
▪ Merchant Shipping Regulations viz. Merchant Shipping Act & Rules
▪ Maritime Conventions viz. MARPOL, SOLAS, Conservation of Migratory Species etc.
▪ Right to Fair Compensation and Transparency in Land Acquisition Resettlement and Rehabilitation Act,
2013;
▪ Labour Safety related Regulations
EHS Regulatory Framework for Offshore Wind Power Projects
Back to contents
www.erm.com The business of sustainability 10
EHS Regulatory Framework for Offshore Wind projects
Siting & Prior Environmental Approval as per CRZ Notification, 2019
• CRZ Clearance based on Environmental Impact Assessment
• Associated ecological sensitivity related considerations – Forest (marine), Ecological Sensitive Zones (ESZ),
Critically Vulnerable Coastal Areas (CVCAs)
• Risk Assessment & Disaster Management Plan
In Principle Approvals / No Objections
• Port Trust / Maritime Board
• Defence / Coast Guard
• State Fishing Authority – exclusion zones
• Pollution Control Board
• Civil Aviation Authority
www.erm.com The business of sustainability 11
Regulatory framework for onshore wind power projects
Applicable Requirements
Environmental Clearance (EC) under the EIA Notification 2006 and as amended for construction work with a total built-up area of ≥ 50,000
m2. This may be relevant for a site office, control monitoring office, warehouse/stock yard and/or substation(s).
Coastal Regulation Zone (CRZ) Clearance under EIA Notification 2011 for activities undertaken in CRZ IA [Ecologically Sensitive Areas]
including mangrove patches (>1000 sq. m.)
Forest Clearance for diversion of forest for non-forest purposes, if any component of the wind farm is established on designated forest land
[including mangroves]
Clearance from Ministry of Civil Aviation under the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations)
Rules, 2015 for height clearance in close proximity to aviation radars and aerodromes
Clearance from National Board for Wildlife (NBWL) for establishing a wind farm or components thereof within a legally protected area, Eco-
sensitive Zone (ESZ) or 10 km radius from a legally protected area without an ESZ.
Onshore wind power projects do not require an Environmental Clearance (EC) under the EIA Notification,
2006 and subsequent amendments. Location-specific requirements that are applicable to wind power
projects are provided below:
www.erm.com
CRZ Clearance Process – 2019 Notification
The business of sustainability 12
www.erm.com
Offshore Wind Farm Project –
Discussion
• With the newly notified CRZ Notification, 2019
shall it be applicable for all components of the
project, given some of the offshore wind
turbines are located beyond the territorial limit
of 12 nautical miles (nm)?
• The EIA Notification, 2006 (as amended) does
not specifically requires EC to be obtained for
renewable energy projects. Whereas, NIWE
Policy 2015 requires an EIA study to be
undertaken for offshore wind farm projects.
• Per maritime conventions "safety" and "no
fishing zones" will be required to be
established to regulate activity in and around
wind farms. However, clarity required on
notification of such zones for Gujarat state and
their applicability for the project