Green ammonia production in India is governed by several legal requirements, primarily focused on environmental protection, pollution control, and safety. Key regulations include the Environment Protection Act, 1986, and the EIA Notification, 2006, for Environmental Impact Assessments, and the Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, for pollution control. Additionally, Hazardous Waste Management Rules, 2016, and the Factories Act, 1948, are relevant for managing hazardous materials and worker safety.
Legal Requirements:
Environmental Impact Assessment (EIA):
Projects require an EIA to assess potential environmental impacts, followed by approvals from the Ministry of Environment, Forest and Climate Change (MoEFCC).
Pollution Control:
Adherence to the Air and Water Acts is mandatory, requiring consents from State Pollution Control Boards (SPCBs) for emissions and effluent discharge.
Hazardous Waste Management:
Compliance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, is crucial for handling and disposing of hazardous waste generated during production.
Consent to Establish (CTE) and Consent to Operate (CTO):
SPCBs grant CTE and CTO, which are essential for establishing and operating green ammonia plants.
Factories Act, 1948:
This act ensures worker safety, health, and welfare, particularly relevant due to the hazardous nature of ammonia production.
Labor Laws:
Green ammonia plants must comply with various labor laws, including those related to employment terms, wages, and social security.
Fire Department NOC:
A No Objection Certificate from the Fire Department is also required.
PESO Approval:
Approval from the Petroleum and Explosive Safety Organization (PESO) is necessary.
Green Hydrogen/Green Ammonia Policy:
The central government's policy, notified in February 2022, provides a framework for green hydrogen and ammonia production, including provisions for land allotment for storage near ports.
EU RFNBO Regulations:
For export purposes, compliance with the EU's Renewable Fuels of Non-Biological Origin (RFNBO) regulations, particularly those defining renewable hydrogen and its derivatives, is essential.
Green Hydrogen Certification:
India is developing a green hydrogen certification scheme, which may include requirements for Power Purchase Agreements (PPAs) with renewable energy providers.
Other Important Considerations:
Land Allotment:
Port authorities may provide land for storage of green ammonia at applicable charges.
Electricity Supply:
Green ammonia plants may require long-term PPAs with renewable energy generators or state utilities.
Offtake Agreements:
Securing offtake agreements for green ammonia, such as the agreement between India and Japan for green ammonia exports, is crucial.
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