The business of sustainability

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Regulatory framework and EIA Scoping for offshore wind power projects in India

An Overview by ERM

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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

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About ERM

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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.

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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.

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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.

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Impacts associated with offshore wind power projects

The business of sustainability 7

Existing Indian Regulatory/Legal Environmental Framework Applicable for Offshore Wind

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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

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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

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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:

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CRZ Clearance Process – 2019 Notification

The business of sustainability 12

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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