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Module 1

The document provides an overview of environmental impact assessment (EIA) including its basic concepts, evolution, and key environmental legislation in India. It discusses the purpose and need for EIA, as well as the Water (Prevention & Control of Pollution) Act 1974 and the Air (Prevention & Control of Pollution) Act 1981.

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Manisha Pant
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0% found this document useful (0 votes)
27 views

Module 1

The document provides an overview of environmental impact assessment (EIA) including its basic concepts, evolution, and key environmental legislation in India. It discusses the purpose and need for EIA, as well as the Water (Prevention & Control of Pollution) Act 1974 and the Air (Prevention & Control of Pollution) Act 1981.

Uploaded by

Manisha Pant
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE I

BASIC CONCEPTS OF ENVIRONMENTAL IMPACT ASSESSMENT (EIA)


• Environmental impact assessment(EIA) is a process of identifying, predicting,
evaluating, and mitigating the biophysical, social, and other relevant effects of
proposed projects and Physical activities prior to major decisions and commitments
being made.
• An impact can be defined as any change in the physical, chemical, biological, cultural
or socio-economic environmental system as a result of activities relating to a project.
• EIA planning tool, helps planner in predicting future impacts of different
developments.
• EIA must be conducted for projects like highways, airports, canals, dams, power plants
etc. which disturb environment.

• Applicable for developmental activities which involves plans, programs and policies.
Salient features of EIA
• It identifies the possible positive and negative impacts which may be short term and
long term.

• It provides a plan which will reduce the negative impacts of a project.


• This plan may be a project alternative or project modification or environmental
protection measures which reduces negative impacts
• It measures the level of plan implementation and the degree of effectiveness of
environmental protection measures.
Purpose/ Need of EIA
• When a new project starts in an area, it will disturb the environmental equilibrium, so
that EIA is necessary to know whether the project should be started or not.

• To maintain quality of environment it is essential to study impacts of project on


environment.
• EIA also suggests remedial measures for the pollution caused by the project, there by
we can implement pollution control methods(eg. Treatment units) along with the
project.

• The opinion of public is considered for conducting EIA, so the decision taken about the
commencement of new project will be more environment friendly.
Goals of EIA
• Resources conservation
• Waste minimization

• Recovery of byproduct
• Efficient use of equipment
• Sustainable development

EVOLUTION OF EIA
Evolution of EIA world wide
• First introduced in United States of America through its National Environmental
Protection Act(NEPA) of 1969.

• Canada, Australia, the Netherlands and Japan adopted EIA legislation in 1973,1974,
1981 and 1984, respectively.
• In July 1985, the European Community(EC) issued a directive making environmental
assessments mandatory for certain categories of projects.
• In Asia and the Pacific region, Thailand and the Philippines have long established
procedures for EIA.
• EIA was made mandatory in SriLanka in 1984.
• The EIA process in Africa is sketchy, although a number of nations including Rwanda,
Botswana and Sudan have some experience of EIA.

• The Organisation for Economic Co-Operation and Development(OECD) issued


recommendations on EIA to its constituent States in 1974 and 1979, and for
development aid projects in 1986.
• OECD issued guidelines for good practices in EIA in 1992
• United Nations Environment Programme (UNEP) in 1980 provided guidance on EIA of
the development proposals and supported research on EIA in developing countries.
UNEP, in 1987, setout goals and principles of EIA for the member countries and
provided guidance on basic procedures for EIA in 1988.

• The World Conservation Strategy pinpointed the need to integrate environmental


considerations with development in 1980.
• EIA became an integral part of World Bank policy in 1987.
• Asian Development Bank in 1990 published guidelines for EIA importance.
Evolution of EIA in India
• India participated in the Stockholm Conference or the ‘First Earth Summit’, in 1972.
Consequently, in 1976, the 42nd amendment to the Indian Constitution was made by
the introduction of Article 48 A, which binds “states to protect and improve the
environment and to safeguard the forest and wildlife of the country”
• EIA in India was started in 1976-77, when the Planning Commission asked the
Department of Science and Technology to examine the river-valley projects from the
Environmental angle.
• This was subsequently extended to cover those projects, which Required approval of
the Public Investment Board. These were administrative decisions, and lacked the
legislative support.
• The Government of India enacted the Environment (Protection) Act on 23rd May 1986.
To achieve the objectives of the Act, one of the decisions taken was to make EIA
statutory. After following the legal procedure, a notification was issued on 27 th
January 1994.
• The Government of India under Environment (Protection) Act 1986 issued a number
of notifications, which are related to the environmental impact assessment Revised
EIA Notification in September 2006.
• Administrative aspects- India is the first country in the world to provide protection
and improvement of the environment in its Constitution.

• Environmental legislations in India-


• The Water (Prevention & Control of Pollution) Act 1974
• The Air (Prevention & Control of Pollution) Act 1981
• The Environmental (Protection) Act 1986

The Water (Prevention & Control of Pollution) Act 1974


• Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive legislation
that regulates agencies responsible for checking on water pollution and the ambit of
pollution control boards both at the centre and states.
• The Water (Prevention & Control of Pollution) Act, 1974 was adopted by the Indian
parliament with the aim of prevention and control of Water Pollution in India.
• This Act was enacted in 1974 to provide for the prevention and control of water
pollution, and for the maintaining or restoring of wholesomeness of water in the
country.
• The Act was amended in 1988.
• The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to
provide for the levy and collection of a cess on water consumed by persons operating
and carrying on certain types of industrial activities.

• This cess is collected with a view to augment the resources of the Central Board and
the State Boards for the prevention and control of water pollution constituted under
the Water (Prevention and Control of Pollution) Act, 1974.
• The Act was last amended in 2003.

The salient features of Water Act, 1974


• Water Act 1974 aims to prevent and control water pollution.
• The Act provides for maintenance and restoration of quality of all types of surface and
groundwater.
• It provides for the establishment of Central and State Boards for pollution control. The
Act assigns powers and functions to these Boards to control pollution.
• Under Water Act, 1974, pollution control boards were created, who are responsible
for implementation of its provisions.

• One of the important provision of the Water Act, 1974 is to maintain and restore the
‘wholesomeness’ of our aquatic resources.
• Under Water Act 1974, Sewage or pollutants cannot be discharged into water bodies
including lakes and it is the duty of the state pollution control board to intervene and
stop such activity.
• The Act has provisions for funds, budgets, accounts, and audit of the Central and State
Pollution Control Boards.
• The Act prohibits disposal of any poisonous, noxious or polluting matter to the flow of
water in a stream. However, dumping of any material into a stream for the purpose of
reclamation of land is not considered an offense.
• The Act provides for severe and deterrent punishments for violation of the Act which
includes fine and imprisonment. Anyone failing to abide by the laws of under is liable
for imprisonment under Section 24 & Section 43 ranging from not less than one year
and six months to six years along with monetary fines.

The Air (Prevention & Control of Pollution) Act 1981


• The Air (Prevention and Control of Pollution) Act was enacted in 1981 and amended
in 1987 to provide for the prevention, control and abatement of air pollution in India.
• The main objectives of the Act are as follows:
– To provide for the prevention, control and abatement of air pollution.
– To provide for the establishment of central and State Boards with a view to
implement the Act.
– To confer on the Boards the powers to implement the provisions of the Act
and assign to the Boards functions relating to pollution.
• The following are the definitions under the Air (Prevention and Control of Pollution)
Act.
• Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance which
may cause harm or damage the environment, humans, plants, animals or even
damage property. A 1987 amendment to the act also added ‘noise’ in the list of
harmful substances.
• The air act defines ‘air pollution’ as the presence of any dangerous pollutant that
makes the air unbreathable.
• The key features of the Act include:
– Advising Central Government of Air and Air Pollution related issues

– Research about the causes and impact of Air Pollution


– Spread awareness to stop air pollution
– To establish central and State Boards and empower them to monitor air quality
and control pollution

The Environmental (Protection) Act 1986


• The Environment (Protection) Act was enacted in the year 1986. It was enacted with
the main objective to provide the protection and improvement of the environment
and for matters connected therewith.
• The Act covers all forms of pollution; air, water, soil and noise. It provides the safe
standards for the presence of various pollutants in the environment. It prohibits the
use of hazardous material unless prior permission is taken from the Central
Government.
Aims and Objectives of the EPA
The chief aims and objectives of the Environment Protection Act, 1986 are listed below.
• Implementing the decisions made at the United Nations Conference on Human
Environment held in Stockholm.
• Creation of a government authority to regulate industry that can issue direct orders
including closure orders.
• Coordinating activities of different agencies that are operating under the existing laws.

• Enacting regular laws for the protection of the environment.


• Imposing punishments and penalties on those who endanger the environment, safety
and health. For each failure or contravention, the punishment includes a prison term
of up to five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for
up to seven years in cases.
• Engaging in the sustainable development of the environment.
• Attaining protection of the right to life under Article 21 of the Constitution.
Main Provisions of Environment Protection Act

• The EPA empowers the Centre to “take all such measures as it deems necessary” in
the domain of environmental protection.
• Under the law, it can coordinate and execute nationwide programmes and plans to
further environmental protection.
• It can mandate environmental quality standards, particularly those concerning the
emission or discharge of environmental pollutants.
• This law can impose restrictions on the location of industries.
• The law gives the government the power of entry for examination, testing of
equipment and other purposes and power to analyze the sample of air, water, soil or
any other substance from any place.
• The EPA explicitly bars the discharge of environmental pollutants in excess of
prescribed regulatory standards.
• There is also in place a specific provision for handling hazardous substances, which is
prohibited unless in compliance with regulatory requirements.
• The Act empowers any person, apart from authorised government officers, to file a
complaint in a court regarding any contravention of the provisions of the Act.
Environmental standards for water

STREAM STANDARDS
• Under the authority of the Air (Prevention and Control of Pollution) Act of 1981, India’s
Central Pollution Control Board sets national ambient air quality standards and is
responsible for both testing air quality and assisting governments in planning to meet
such standards. State Pollution Control Boards are permitted to set stricter standards
than those in effect nationally.
Environmental standards for AIR

NOISE

Environment Impact Assessment(EIA) Notification 2006 (Govt. of India)

• The required construction of new projects or activities or the expansion or


modernization of existing projects or activities listed in the Schedule to this
notification entailing capacity addition with change in process and or technology shall
be under taken in any part of India only after the prior environmental clearance from
the Central Government or as the case may be, by the State Level Environment Impact
Assessment Authority
• It includes
Schedule 1:
• List of projects requiring environmental clearance from central government.

Schedule 2:
• (Application form) industry should submit application form for the environmental
clearance to Union Ministry of Environment and Forests.
Schedule 3:

• (composition of expert committee for giving environmental clearance).Experts from


various disciplines including air pollution, risk analysis, social service, NGOs,
economics, water pollution, etc. constitute this committee.
Schedule 4:
• Procedure for public hearing.

All projects and activities are broadly categorized into two categories - Category A and
Category B based on

➢ Spatial extent of impacts.


➢ Impacts on natural and man-made resources.
➢ Impacts on human health.
• Projects listed in the schedule to notification (as Category A and B projects) require
EIA.
• Some of the projects are given in the following table.
Projects not requiring EIA

• Pipe line project – EIA will not be required.


Projects do not require public hearing but require EIA
• Small scale industries located in
▪ Notified/ designated industrial areas or estates.
▪ Areas ear marked for industries under the jurisdiction of industrial
development Authority.

• Modernization of existing irrigation project


• Beyond 10 km from nearest habituated village.

STEPS IN EIA PROCESS


The EIA process involves a number of steps, some of which are listed below:

1.Project screening:
• Screening often results in a categorization of the project and from this a decision is
made on whether or not a full EIA is to be carried out.
2.Scoping:
• It is the process of determining which are the most critical issues to study and will
involve community participation to some degree.
• It is at this early stage that EIA can most strongly influence the outline proposal.
The key benefits of scoping include:
• Early stakeholder identification, engagement, input and identification of issues of
concern.
• An assessment focused on key, likely significant impacts on known biodiversity, their
inter-relationships and sensitivities.
• Early identification of existing data and data gaps.

• Early identification of the need for seasonally dependent surveys so that they can be
accommodated in the schedule of work.
3. Consideration of alternatives:
• This seeks to ensure that the proponent has considered other feasible approaches,
including alternative project locations, scales, processes, layouts, operating condition
and the no-action option.
4. Description of the project/development action:
• This step seeks to clarify the purpose and rationale of the project and understand its
various characteristics, including the stages of development, location and processes.
5.Description of the environmental baseline:

• This includes the establishment of both the present and future state of the
environment, in the absence of the project, taking in to account the changes resulting
from natural events and from other human activities.
6.Identification of key impacts:

• This brings together the previous steps with a view to ensuring that all potentially
significant environmental impacts (adverse and beneficial) are identified and taken
into account in the process.

7.The prediction of impacts:


• This step aims to identify the likely magnitude of the change (i.e., impact) in the
environment when the project is implemented in comparison with the situation when
the project is not carried out.
8.Evaluation and assessment of significance:

• This seeks to assess the relative significance of the predicted impacts to allow a focus
on key adverse impacts.
• Formal definition of Significance is the product of consequence and likelihood as
Significance = consequence X Likelihood

9.Mitigation:
• This involves the introduction of measures to avoid, reduce, remedy or compensate
for any significant adverse impacts.
10.Public consultation and participation:

• It ensure quality, comprehensiveness, and effectiveness of EIA, and that the public
views are adequately taken into consideration in the decision making process.
11.(Environment Impact Statement)EIS presentation:
• This is a vital step in the process. If done badly, much good work in the EIA may be
negated.
12.Review of EIA report:
• This involves a systematic appraisal of the quality of the EIS, as a contribution to the
decision-making process.
13.Decision making:
• At this stage, decisions are made by the relevant authority of the EIS (including
consultation responses) together with other material considerations as to whether to
accept, defer or reject the project.

14.Post-decision monitoring:
• This involves the recording of outcomes associated with development impacts, after
the decision to proceed with the project. It can contribute to effective project
management.

15.Auditing:
• This follows monitoring and involves comparing actual out comes with predicted
outcomes, and can be used to assess the quality of predictions and the effectiveness
of mitigation. It provides a vital step in the EIA learning process.

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