ety et National Highways Authority of India (Ministry of Road Transport and Highways, Government of India) +5 WH 6, BEC, ara, 7 FE - 110 075 # 6-5 & 6, Sector-10, Dwarks, New Delhi-110075 ‘FET/Phone : 91-11-25074100 / 25074200 (ase oat ste wort sates, a BGT) 2 NHAI/SRD&Q/Fly Ash/Part file-2/35 3 Date: 13.07.2023 E-file: 112577 OFFICE MEMORANDUM Sub: Issue related to supply of fly ash in NHAI projects reg, Ref: Meeting held by Hon'ble Minister of Power & NRE on 14.06.2023 After regular follow up on the issue of availability of Fly-ash with Thermal Project Plants (TPPs) and applicable provisions of MoEFFECC dated 25.01.2016 with Ministry of Power, the following decisions have been taken by Ministry of Power for applicable projects [i.e. projects where bids received after 25.01.2016 and before 31.12.2021] : (a) Wherever the ash is available, it shall be provided by the thermal power plants (TPPs) as per the provisions of the MoEFECC’s 2016 Notification (copy enclosed) to applicable projects whereby TPPs will bear the cost of transportation. (b) Where the ash available with TPPs has already been auctioned and there is no issuable ash, TPPs shall issue a ‘No-Availability Certificate’ to NHAl so that an alternative arrangement may be looked for, by the contractors. (©) If the issuable ash is in the process of being tied-up as per the Ministry of Power advisory, then TPPs will first supply the ash free of cost with free transportation to the applicable road projects. Remaining balance quantity, after meeting the requirement of the MORTH/NHAI road projects, may be disposed as per the MoP advisory dated 22.02.2022 (d) Thermal Power Plants which are providing ash free of cost but are not bearing the transportation cost, shall be directed by Ministry of Power to bear the transportation ost as per the provisions in the MoEFF & CC's January 2016 Notification. {e) Ministry of Power shall take action against those TPPs/State Plants which do not follow their statutory obligations regarding supply of ash to applicable road projects of NHAI/MoRTH. 2. While taking above decision, it was also agreed by MoRTH to take suitable measures to curb inflated billing against free of cost ash transport. Accordingly, with approval of Competent Authority, it is decided to adopt following Standard Operating Procedure (SOP) by NHAI in transportation/certifying the fly ash supply to the project site by the vendors engaged by TPP: 5 well supply being done by the Contractors/Concessionaires through MOU with TPPs: a) _NHAI shall finalise shortest route of transportation in consultation with TPPs; 5) NHAI shall facilitate creation of check posts in the identified route, as per the requirement of TPPs; ©) Wherever supply being done by the Contractors/Concessionaires through MOU with TPPs, Geotagging of the vehicles shall be ensured.2 d) The Contractor/Concessionaire shall share the details of the vehicles transporting ash to the road projects with TPPs for proper accounting by the TPPs towards the transportation cost. €) Measurement shall_be based on finished/compacted quantities of the embankment and AE/IE shall be obliged to provide the detailed measured Quantities ; within 3 days of the compaction f) Considering that public money is spent by TPPs towards transportation of flyash, endevour should be made for certifying accurate quantities of flyash utilised for highway construction and also to ensure that the transportation vendors are paid promptly without affecting their cash flow for continuous supply of fly ash in Project interest. For this purpose, AE/IE shall be responsible for accurate calculation of quantities of fly ash used in the construction of highway embankment/approaches to structures based on sound engineering practice showing accurate data of Original Ground Level (OGL), width and depth of individual finished layers of flyash embankment and conversion of volume into weight in MT based actual on Maximum Dry Density (MDD) as per tests. In this regard, it shall be ensured that tests shall be conducted at the site/field laboratories of the concerned project and the transportation vendor shall not be insisted to bear any cost towards such tests, 8) PD or his representative should also conduct at least 3% test check on the total Quantities certified by AE/IE in random for cross checking. 3. HAI has to provide a list of applicable road projects along with remaining ash Quantity required in these projects. Accordingly, all PDs/ROs should submit the data for applicable projects in attached excel format on e-mail {mridulmishra@nhai.org] latest by 17.07.2023. 4, This issues with the approval of Competent Authority. SM if >| wy (Ajay Kumar Sabharwall GM (T/SRDBQ) Encl:(i) MoEF&CC Gazette Notification dated 25.01.2016, (Ii) List of tentative projects for updating, To, All Regional Officers20¢ BBAISIZA0AKREM $BRORSO Dititiee REGD. NO. D. 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[TrAt, 979), are 27 area, 2008 area. 2804( 9), TEE 3 re, 2009 eter fra 2 MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE NOTIFICATION New Delhi, the 25th January, 2016 8.0. 254(E).—Whereas draft of certain amendments to the Government of India in the Ministry of Environment, Forests and Climate Change number 8.0. 763(B), dated the 14th September, 1999 (hereinafter referred to as the said notification) which the Central Government proposes to make under sub-section (1) and clause () of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (@) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, was published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (i), vide $.0, 1396(E), dated the 25" May, 2015 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of sixty days from the date on which copies of the Gazette containing the said draft amendments were made available to the public. And, whereas copies of the said Gazette were made available to the public on 25th May, 2015; And, whereas all the objections and suggestions received from all persons likely to be affected thereby in respect of the said draft notification have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments to the said notification, namely: — 1. Inthe said notification, in paragraph 1,- (@) in sub-paragraph 1(A), for the words “hundred kilometers shall be substituted; (b) in sub-paragraph (3), for the figures and letters “L00 km", the words “three hundred kilometers" shall be substituted; (©) in sub-paragraph (5), for the words “hundred Kilometers”, the words “three hundred Kilometers” shall be substituted; (@)_ in sub-paragraph (7), for the words “hundred Kilometers", the words “three hundred Kilometers” shall be substituted. the words “three hundred kilometers”BEAIETIAAAIBBM GSROBSAR Miter 4 ‘THE GAZETTE OF INDIA: EXTRAORDINARY [Par ISec. 3049) 2. In the said notification, in paragraph 2:- (a) after sub-paragraph (1), the following proviso shall be inserted, namely: “provided further that the restriction to provide 20 % of dry ESP fly ash free of cost shall not apply to those thermal power plants which are able to utlise 100 % fly ash in the prescribed manner.” (b) after sub-paragraph (7), the following sub-paragraphs shall be inserted, namely:~ “() Every coal or lignite based thermal power plants (including captive and or co-generating stations) shall, within three months from the date of notification, upload on their website the details of stock of each type of ash available with them and thereafter shall update the stock position at least once a Month, (9) Every coal or lignite based thermal power plants shall install dedicated dry ash silos having separate access roads so as to ease the delivery of fly ash. (10) The cost of tansportation of ash for road construction projects or for manufacturing of ash based produets or use as soil conditioner in agriculture activity within a radius of hundred kilometers from ‘a coal or lignite based thermal power plant shall be borne by such coal or lignite based thermal power plant and the cost of transportation beyond the radius of hundred kilometers and up to three hundred kilometers shall be shared equally between the user and the coal or lignite based thermal power plant. (11) The coal or lignite based thermal power plants shall promote, adopt and set up (financial and other associated infrastructure) the ash based product manufacturing facilities within their premises or in the vicinity of their premises so as to reduce the transportation of ash, (12) The coal of lignite based thermal power plants in the vicinity of the cities shall promote, support ‘and assist in setting up of ash based product manufacturing units so as to meet the requirements of bricks and other building construction materials and also to reduce the transportation, (13) To ensure that the contractor of road construction utilizes the ash in the road, the Authority cconcemed for road construction shall link the payment of contractor with the certification of ash supply from the thermal power plants. (14) The coal oF lignite based thermal power plants shall within a radius of three hundred kilometers bear the entire cost of transportation of ash to the site of road construction projects under Pradhan Mantri Gramin Sadak Yojna and asset creation programmes of the Government involving construction of buildings, road, dams and embankments” In the said notification, in paragraph 2, sub-paragraph (2A) be read as sub-paragraph (15) and at the end of the said sub-paragraph, the following sub-paragraph shall be added, namely: and the coal of lignite based thermal power plants located in coastal districts shall support, assist or directly engage into construction of shore Line protection measures.” In the said notification, in paragraph 3, after sub-paragraph (7), the following shall be inserted, namely:~ “() It shall be the responsibility of all Stale Authorities approving various construction projects to censure that Memorandum of Understanding or any other arrangement for using fly ash or fly ash based products is made between the thermal power plants and the construction agency or ccontraciors, (9) The State Authorities shall amend Building Bye Laws of the cities having population One million lor more so as to ensure the mandatory use of ash based bricks keeping in view the specifications necessary as per technical requirements for load bearing structures. (10) The concerned Authority shall ensure mandatory use of ash based bricks or products in all Government Scheme or programmes e.g. Mahatma Gandhi National Rural Employment Guarantee ‘Act, 2005 (MNREGA), SWACHH BHARAT ABIYAN, Urban and Rural Housing Scheme, where built up area is more than 1000 square feet and in infrastructure construction including buildings in designated industrial Estates or Parks or Special Economie Zone. 28eeazemaaRsERNM \PHfifiee (CPT Tt 3) Sea 1 OTT: TET 5 Note:- (11) The Ministry of Agriculture may consider the promotion of ash utilisation in agriculture as soil conditioner.” ‘The time period to comply with the above provisions by all concerned authorities is 31" December, 2017. The coal or lignite based thermal power plants shall comply with the above provision in addition to 100 % utilization of fly ash generated by them before 31” December, 2017. IF. No. 9-8/2005-HSMD] BISHWANATH SINHA, Jt, Secy ‘The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (i) vide notification S.0. 763(E), dated the 14" September, 1999 and was subsequently amended vide notification $.0. 979(E), dated the 27° August, 2003 and $.0. 2804(E), dated the 3" November, 2009, Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi 10064 ‘nd Published by the Controle of Publications, Deli 10054, 203