Implementing Flue Gas Desulphurisation – Revised Timelines

The Union Ministry of Environment, Forest and Climate Change ("MoEFCC"), by its Notification dated December 7, 2015 ("Original Notification"), amended Schedule I of the Environment (Protection) Rules, 1986 ("EPA Rules"), prescribing, inter alia, permissible thresholds for emission of particulate matter, sulphur dioxide, oxides of nitrogen and mercury by coal based thermal power plants. The revised emission standards prescribed under the Original Notification were linked to the year in which the relevant thermal power plant had been commissioned. The standards, as specified in the Original Notification, were to be complied with by the relevant power plants within 2 (two) years from the date of publication of the Original Notification i.e., by December 6, 2017. This meant that various thermal power plants had to make substantial capital investment to install specialised emission reduction equipment. While the power plants would be eligible to avail regulatorily