Environment Impact Assessment (EIA)

 A study to predict the effect of a proposed activity/project on the environment

 A decision making tool
 International Association for Impact Assessment (IAIA)- "the process of
identifying, predicting, evaluating and mitigating the biophysical, social, and other
relevant effects of development proposals prior to major decisions being taken and
commitments made“
 Screening
 Scoping
 Public Consultation
 Appraisal
 Environment Impact Assessment
 Origin from precautionary principle
 It is anticipatory, participatory and systematic in nature and relies on
multidisciplinary input
 A planning tool that is now generally regarded as an integral component of sound
decision making
 Principle 17 Rio Declaration Environmental impact assessment, as a national
instrument, shall be undertaken for proposed activities that are likely to have a
significant adverse impact on the environment and are subject to a decision of a
competent national authority.
 Central Government in 1994 introduced EIA in India
 1n 1997, public hearing was made part of EIA
 Environment Impact Assessment Notification, 2006

 Section 5 Environment Protection Rules 1986: Prohibitions and

restrictions on the location of industries; carrying on of processes and
operations in different areas
 EIA 2006 is supersession of EIA 1994
 All projects and activities are broadly categorized in to two categories -
Category A and Category B
• spatial extent of impacts
• impacts on natural and man made resources
• impacts on human health
 Environment Impact Assessment Notification, 2006

 Which projects require EC

• Projects listed in the schedule to notification (as Category A and B
projects)
• All new projects or activities listed in the Schedule to this
notification
• Expansion and modernization of existing projects or activities listed
in the Schedule to this notification
• Any change in product - mix in an existing manufacturing unit
included in Schedule
 Environment Impact Assessment Notification, 2006

 EC by whom
• Category A projects: Central Government in the Ministry of Environment and
Forests
• on the recommendation by Expert Appraisal Committee (EAC)
• Category B projects: At state level the State Environment Impact Assessment
Authority (SEIAA)
• On the recommendations of a State or Union territory level Expert Appraisal
Committee (SEAC)
• In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall
be treated as a Category ‘A’ project
 Environment Impact Assessment Notification, 2006

 An application seeking prior environmental clearance in all cases

shall be made
• In the prescribed Form 1 and Supplementary Form 1A
• After the identification of prospective site(s)
• After identification of activities
• Submit pre-feasibility report for all and conceptual plan for
construction activities
 Environment Impact Assessment Notification, 2006
Stages in EC Process
• Stage 1: Screening
• Only for Category B projects and activities to determine if they need EIA
• Category A projects compulsorily need EIA
• Scrutiny of an application seeking EC by SEAC for determining whether or not
the project or activity requires further environmental studies
• Form 1
• Form 1A
• Classify projects as B1 (require EIA) and B2 (don’t require EIA)
• For categorization of projects into B1 or B2, the MoEF shall issue appropriate
guidelines from time to time
Environment Impact Assessment Notification, 2006
Stage 2: Scoping
• Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or
activities
• State level Expert Appraisal Committee (SEAC) in the case of Category ‘B1’
projects
• Determine comprehensive Terms of Reference (TOR) addressing all relevant
environmental concerns for preparation of an Environment Impact Assessment
(EIA) Report based on
 on the basis of the information furnished by applicant in the prescribed
application Form1/Form 1A including
 proposed by the applicant
 a site visit by a sub- group of EAC or SEAC only if considered necessary
 Environment Impact Assessment Notification, 2006

 If TOR not finalized and conveyed to the applicant within sixty days
of the receipt of Form 1, TOR suggested by the applicant shall be
deemed as the final TOR approved for the EIA studies
 Approved TOR shall be displayed on the website of the MoEF or
the concerned SEIAA
 Applications for EC may be rejected at this stage itself
 the decision together with reasons for the same shall be
communicated to the applicant
 Environment Impact Assessment Notification, 2006
 Stage 3: Public Consultation
 Process by which the concerns of local affected persons and others who have
plausible stake in the environmental impacts of the project or activity are
ascertained
 All Category ‘A’ and Category B1 projects or activities shall undertake Public
Consultation
 A big list of exceptions
 Public Consultation shall ordinarily have two components
 public hearing at the site or in its close proximity- district wise, to be carried
out in the manner prescribed in Appendix IV, for ascertaining concerns of
local affected persons
 obtain responses in writing from other concerned persons having a plausible
stake in the environmental aspects of the project
Environment Impact Assessment Notification, 2006

 Component 1: Public Hearing

 Public hearing shall be conducted by the State Pollution Control Board (SPCB)
 forward proceedings to the regulatory authority concerned within 45 days
 If not appoint another independent organization to do the same within another 45
days
 If the public agency nominated reports that it is not possible to conduct the public
hearing in a manner which will enable the views of the concerned local persons to
be freely expressed
 It shall report the facts in detail to the concerned regulatory authority
 After due consideration of the report shall rule that the public consultation in the
case need not include the public hearing
Environment Impact Assessment Notification, 2006
 Component 2: Responses from other concerned persons
 Invite responses from such concerned persons by placing on their website the
Summary EIA report
 Use other appropriate media for ensuring wide publicity about the project
 Within seven days of the receipt of a written request for arranging the public hearing
 Confidential information including non-disclosable or legally privileged information
involving Intellectual Property Right shall not be placed on the website
 Make available on written request from any concerned person the Draft EIA report for
inspection at a notified place during normal office hours till the date of the public
hearing
 All the responses received as part of this public consultation process shall be
forwarded to the applicant through the quickest available means
Environment Impact Assessment Notification, 2006

 After public consultation…

 Applicant shall address all environmental concerns expressed during this process
 Make appropriate changes in the draft EIA
 Final EIA report shall be submitted by the applicant to the concerned regulatory
authority for appraisal
Environment Impact Assessment Notification, 2006

 Stage 4: Appraisal
 Detailed scrutiny by the EAC or SEAC of
 documents like the Final EIA report
 outcome of the public consultations including public hearing proceedings
submitted by the applicant to the regulatory authority concerned for grant of
environmental clearance
 Appraisal of all projects or activities which are not required to undergo public
consultation, or submit an Environment Impact Assessment report (Category B2)
shall be carried out on the basis
 prescribed application Form 1
 Form 1A
 any other relevant information
Environment Impact Assessment Notification, 2006
 Stage 4: Appraisal
 EAC/SEAC
 shall recommend to the regulatory authority concerned
 either for grant of prior environmental clearance on stipulated terms and
conditions
 or rejection of the application for prior environmental clearance, together with
reasons for the same.
 Prescribed procedure for appraisal is given in Appendix V
Environment Impact Assessment Notification, 2006

 Grant or Rejection of EC
 The regulatory authority shall consider the recommendations of the EAC or
SEAC concerned and convey its decision to the applicant
 The regulatory authority shall normally accept the recommendations of the
Expert Committees
 In cases where it disagrees with the recommendations of the Expert
Committee (Central or State), the regulatory authority shall request
reconsideration by the Central or State Expert Appraisal Committee
 After reconsideration, irrespective of views of Expert Committee, decision of
the regulatory authority concerned shall be final
Environment Impact Assessment Notification, 2006
 Grant or Rejection of EC
 If decision not granted within stipulated time, the applicant may proceed as if the
environment clearance sought for has been granted or denied by the regulatory
authority in terms of the final recommendations of the Expert Committee
concerned
 Deliberate concealment and/or submission of false or misleading information or
data which is material to screening or scoping or appraisal or decision on the
application shall make the application liable for rejection
 Rejection of an application or cancellation of a prior environmental clearance
already granted shall be decided by the regulatory authority, after giving a
personal hearing to the applicant, and following the principles of natural justice
Environment Impact Assessment Notification, 2006
 Validity of Environmental Clearance
 Ten years in the case of River Valley projects
 Thirty years for mining projects
 Five years in the case of all other projects and activities
 Area Development projects and Townships, the validity period shall be limited
only to such activities as may be the responsibility of the applicant as a developer
 Post Environmental Clearance Monitoring
 Mandatory for the project management to submit half yearly compliance reports
in respect of the stipulated prior environmental clearance terms
 Draft EIA Notification 2020
 removal of several activities from the purview of public consultation
 A list of projects has been included under Category B2, expressly exempted from
the requirement of an EIA
 The projects under this category include offshore and onshore oil, gas and shale
exploration, hydroelectric projects up to 25 MW, irrigation projects between
2,000 and 10,000 hectares of command area etc.
 The projects in this list are, under existing norms, identified on the basis of
screening by Expert Appraisal Committees, rather than being exempted through
listing in the Schedule
 coal and non-coal mineral prospecting and solar photovoltaic projects do not need
prior environmental clearance
 Draft EIA Notification 2020

 exemption from EIA and public consultation for listed B2 category activity and
expansion and modernisation projects will seriously affect the environment
 the notice period for public hearing has been cut from 30 days to 20 days, this
will make it difficult to study the draft EIA report
 for project modernisation and expansion, the norms in Notification 2020 are
liberal, with only those involving more than 25% increase requiring EIA, and
over 50% attracting public consultation
 project proponents need to submit only one annual report on compliance with
conditions, compared to the existing two
 Draft EIA Notification 2020
 new rules enable post-facto approval of violations
 Projects operating in violation of the Environment Act will now be
able to apply for clearance
 It has to be reported either by a government authority or the
developers themselves
 Rs. 2,000-10,000 per day for the period of delay
 no scope for any public complaint about violations