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ENVIRONMENTAL LEGISLATION AND IMPACT

ASSESSMENT (EVE220)

Day 1

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in
COURSE CONTENT
Environmental Impact Assessment: Carrying capacity concept and Environmental Impact
Assessment – Objectives, Types - Rapid and Comprehensive EIA, EIS, FONSI.
Step-by-step procedure for conducting EIA and Limitations of EIA, Prevention of Significant
Deterioration Programme.
Frame work of Impact assessment, scope and contents of EIA, methodologies and techniques
of EIA, Public participation in EIA.
Attributes, Standards and Value functions. Impact prediction models for various
attributes. Environmental Management Plan (EMP) and Disaster Management Plan
(DMP).

EIA Case Studies – Pharmaceutical, Thermal Power Plant, Mining, Construction Projects,
Airports and Environmental Projects – Water and Wastewater Treatment Plants.
Text Books

1) Canter L., (1995), “Environmental Impact Assessment”, McGraw Hill.


2) Jain R.K., Urban L.V., Stacey G.S., (1977), “Environmental Impact Analysis – A New Dimension in
Decision Making", Van Nostrand Reinhold Co. 12
3) Clark B.C. Bisett and Tomlinsan P , (1985), “Perspective on Environmental Impact Assessment”,
Allied Publishers.

Reference Books

1) Anjaneyulu and Valli Manickam, (2010), “Environmental Impact Asseessment


Methodologies”, BS Publications, Hyderabad.
2) Technical articles from peer reviewed journals of Science Direct, acs.org, Springer,
Taylor and Francis and patented materials.
ENVIRONMENTAL LEGISLATION AND IMPACT ASSESSMENT Course code: (EVE220) Credits: 05 Course Objective

The course covers the air pollution sources, classification, effects, and measurement of air pollutants, standards,
importance of meteorology in air pollutant dispersion, fate and transport of air pollutants using various
mathematical tools, as well as air and noise pollution control technologies and regulations.

Course Outcomes (COs) and Learning Outcomes (LOs)


At the end of the course the students are able to:
COs - LOs
CO1: Explain the Constitution of India, National Environmental policy and Legal framework related to environmental
aspects.
CO2: List and identify various Indian Environmental Acts in vogue, Amendments, modifications and notifications.
Describe the Role of Green Tribunal.
CO3: Discuss the concept of Carrying Capacity; Environmental Impact Assessment studies for various developmental
activities. Defines objectives, types and limitations of EIA. Lists and describes various EIA methodologies.
CO4: Describe the scope of EIA along with the framework. Propose the need for public participation in EIA. Explain
importance of attributes, Standards and Value functions for various parameters. Apply predictive models.
CO5: Distinguish between EMP and DMP. Lists and explains Contents of EMP & DMP. Review important case studies.

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)
Day 2

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in
CARRYING CAPACITY

Carrying capacity can be defined as a species’ average population size in a


particular habitat. The species population size is limited by environmental
factors like adequate food, shelter, water, and mates. If these needs are not
met, the population will decrease until the resource rebounds.

Carrying Capacity of the Environment (CCE) provides a useful measure of the


sustainable development of a region.

Carrying capacity has been used to assess the limits of a wide variety of
ecosystems, and systems to convey or sustain other things, organisms, or
populations.
CCE helps in determining of natural resources capacity, environmental assimilative capacity,
ecosystem services capacity, and society supporting capacity.
ENVIRONMENT
(Based on nature’s healing capacity,
classified into different types) Growth ecosystem

Stable ecosystemAgeing
ecosystem

Stable environment
Ecosystems that are capable of self maintaining and self regulation are called stable ecosystems.
Even after huge level of disturbances caused by various human activities, the nature follows its own
controlling mechanism to overcome the distractions and to remain stable.

There are two types of stability: Resistance stability and Resilience stability. Resistance stability –
capability to continue to function without change when stressed by any disturbance.
Resilience stability – capability to recover to its original state after undergoing stress.

Example: A Flowing river (Dissolved Oxygen); Forest land after forest fire; Air pollution and rainfall;
Stability of soil after pollution, etc…
ENVIRONMENTAL LEGISLATION AND IMPACT
ASSESSMENT (EVE220)

Day 3
Course Tutor: Mrs. Sahana. M (MS)
Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in
Definitions of Environment, Impact and

Assessment Environment - air, water, minerals, organisms,

and all other external factors surrounding


and affecting a given organism at any time. Assessment - is the systematic collection,
review, and use of information to analyze
Impact – effects of implementation of and take a decision.
developmental activities. OR Change in the Impacts
environmental parameters with time.
Reversible / irreversible Short / long Primary / secondary / tertiary Direct
term / indirect
Adverse / beneficial
Environmental Impact Assessment

Impact assessments are carried out to assess the


consequences of individual projects -- Environmental Impact
Assessment -- or of policies and programmes -- Strategic
Environmental Assessment.

Environmental Impact Assessment (EIA) is a process of


evaluating the likely environmental impacts of a proposed project
or development, taking into account inter-related socio-economic,
cultural and human-health impacts, both beneficial and adverse.
Definitions of EIA
• UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the
environmental, social and economic impacts of a project prior to decision-making.

• EIA behaves as an important tool for curbing pollution levels.

• It is an assessment of all environmental effects and social effects which would result
from a project.

• It is an activity designed to identify and predict impact on bio-geo-physical


environment and on mans health and well being of the policies, programmes,
projects and procedures.

• It is a formal study used to predict environmental consequences of projects, finds


ways to reduce negative impacts so that it sets to the environment.
term effects
Environmental
Sustainability
Necessity and
purpose of EIA
Public
awareness
Means to find alternative routes

Choices with least


environmental
impact
Intelligent choices

of the project National policy for Prediction of


Environmental short & long
protection

Necessity and purpose of EIA


It aims to predict environmental impacts at an early stage in
project planning and design, find ways and means to reduce
adverse impacts, shape projects to suit the local environment
and present the predictions and options to decision-makers.
By using EIA both environmental and economic benefits can be
achieved, such as reduced cost and time of project
implementation and design, avoided treatment/clean-up costs
and impacts of laws and regulations.

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)

Day 4

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

Evolution of EIA

The first country to give importance to EIA through its


National Environmental Protection Act (NEPA) of 1969 was
the United States.
A large number of countries followed, which were having
industries. Canada, Australia, the Netherlands and Japan
adopted EIA legislation in 1973, 1974, 1981 and 1984,
respectively.
In July 1985, the European Community (EC) made EIA
mandatory.
Evolution of EIA in INDIA

It started in 1976-77 when the Planning Commission asked the Department of Science and
Technology to examine the river-valley projects from an environmental angle. This was
subsequently extended to cover those projects, which required the approval of the Public
Investment Board. Till 1994, environmental clearance from the Central Government was an
administrative decision and lacked legislative support.

On 27 January 1994, the Union Ministry of Environment and Forests (MEF), Government of
India, under the Environmental (Protection) Act 1986, promulgated an EIA notification making
Environmental Clearance (EC) mandatory for expansion or modernization of any activity or
for setting up new projects listed in Schedule 1 of the notification. Since then there have been
12 amendments made in the EIA notification of 1994.
The MoEF recently notified new EIA legislation in September 2006. The notification makes it
mandatory for various projects such as mining, thermal power plants, river valley,
infrastructure (road, highway, ports, harbors and airports) and industries including very small
electroplating or foundry units to get environment clearance.
List of projects requiring environmental clearance from
the Central Government
List of projects requiring environmental clearance
from the Central Government
-
Objectives of Environmental Impact Assessment

1) Identifying, predicting, and evaluating economic,


environmental, and social impacts of development
activities.
2) Providing information on the environmental
consequences for decision making.
3) Promoting environmentally sound and suitable
development by identifying appropriate
alternatives and mitigation measures.

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)

Day 5
Course Tutor: Mrs. Sahana. M (MS)
Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

Types of EIA

Classified under two categories:


Rapid Assessment (REIA) & Comprehensive Assessment (CEIA)

• Rapid Assessment is the initial feasibility study carried out for a


minimum period of 3 months.
• After it gets appraisal from MOEF, the next phase, comprehensive
assessment is carried-out.
• It is carried out for a period of 16 months.
Rapid EIA
• Rapid EIA is for speedier appraisal process. While both types of EIA require inclusion/
coverage of all significant environmental impacts and their mitigation, Rapid EIA
achieves this through the collection of ‘one season’ data only to reduce the time
required.
• This is acceptable if it does not compromise on the quality of decision-making. The
review of Rapid EIA submissions will show whether a comprehensive EIA is warranted
or not.

• Rapid Environmental Impact Assessment studies will be conducted at the initiation of the
new activity.
• In some cases this study may be required for the expansion of existing unit or change in
the current manufacturing process(if the pollution load is to exceed the existing one). •
Rapid Environmental Impact Assessment study covers one season baseline data for
various environmental components viz. Air , Noise, water, land, Biological and Socio
economic including parameters of human interest.

Comprehensive EIA

Comprehensive Environmental Impact Assessment is basically a study which includes


collection of data for various components for three seasons except rainy.
Comprehensive Environmental Impact Assessment report has to be submitted after
the evaluation of Rapid Environmental Impact Assessment report, if so asked by the
Impact Assessment Agency.

A typical EIA study including an industry includes.


1.Field data collection for various Environmental parameters.
2.Assessment of various liquid, solid and gaseous pollutants generated from the plant
and existing pollution control devices.
3.Assessment of various impacts from these pollutants on Environment.
4.Consideration of various statutory guidelines and standards prescribed by Central
Pollution Control Board and Ministry of Environment and Forests.
5.Formulation of detailed Environment Management Plan (EMP) to mitigate /control
the various impacts and bring them within the standards limits.
Environmental Impact Statement (EIS)

• Required when proposed action has significant impact on


environment.
• An EIS describes impacts, as well as ways to "mitigate"
impacts.
• The EIS is meant to be a comprehensive decision
making tool for federal, state, and local policy makers,
and to inform the public about proposed projects that
could affect the environment.

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)

Day 6

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

Standard Contents

• The content of a federal EIS is regulated by the Council on Environmental Quality (CEQ),
an office in the executive branch of the federal government tasked with enforcing the
rules established by NEPA. A typical federal EIS includes the following four sections:

• Section 1—Introduces the Proposed Action and its Purpose and Need

• Section 2—Describes the Affected Environment, provides a baseline for understanding the
current environmental situation in relation to the Proposed Action.

• Section 3—Presents a Range of Alternatives to the Proposed Action—this is considered


the “heart” of the EIS. There is always a No Action Alternative presented. Understanding
how the environment would respond if no action were taken helps to evaluate the
Proposed Action and Alternatives.
Standard Contents

• Section 4—Analyzes the environmental impact of each of the Proposed Actions


and Range of Alternatives. The analysis include:

✔ Impacts to threatened or endangered species


✔ Air and water quality impacts
✔ Impacts to historical and cultural sites, particularly sites of significance for
indigenous peoples
✔ Social and economical impacts to local communities, including housing stock,
businesses, property values, and considerations of aesthetics and noise expected
✔ Cost and schedule analysis for all of the actions and alternatives presented

• The EIS may include additional topics not required for every project, including
financial plans, environmental mitigation plans, and plans for complying with any
additional required federal, state, or local permits.
FONSI
• The EA will document the need for either an EIS or document and justify a
Finding of No Significant Impact (FONSI), and the EA will end with either a
FONSI or a determination that an EIS is required.
• A FONSI is a public decision document that briefly describes why the project will
not have any significant environmental effect and will not require the
preparation of an EIS.
• Public must be notified that a FONSI has been issued.
• It must include the Environment Assessment(EA) or summary of the EA that
supports the FONSI determination.
• A FONSI is issued when environmental analysis and interagency review during
the EA process find a project to have no significant impacts on the quality of
the environment. The FONSI document is the EA modified to reflect all
applicable comments and responses.
Rationale behind the National Green Tribunal Act
Objectives of National Green Tribunal
Establishment of National Green Tribunal

The National Green Tribunal has been


established
on 18.10.2010 under the National Green Tribunal
Act 2010 for effective and expeditious disposal of
cases relating to environmental protection and
conservation of forests and other natural resources
including enforcement of any legal right relating to
environment and giving relief and compensation for
damages to persons and property and for matters
connected therewith or incidental thereto.

It is a specialized body equipped with the necessary


expertise to handle environmental disputes involving
multi-disciplinary issues.
Application to the Tribunal
Power and procedure of Tribunal
ENVIRONMENTAL LEGISLATION AND
IMPACT ASSESSMENT (EVE220)

Day 7

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

PARTICIPANTS IN EIA PROCESS

• Proponent

• Decision maker
• Legal Advisor

• Interest groups representing General Public •

Consultancy companies

Accreditation of EIA consultants


EIAs being complex, site specific and multi-disciplinary studies, it is important that
consultants aspiring to carry out such studies have the requisite expertise both in terms of
human resource and facilities to be able to do justice to the task.

Quality Council of India, the national accreditation body, took


the initiative of evolving a process for accreditation of
consultants and has come out with a well-defined scheme for
accreditation EIA Consultant Organizations in the country.
In pursuance of cabinet decision of Feb 1996,
Quality Council of India (QCI) was set up jointly by
the Government of India and the Indian Industry to
establish and operate national accreditation
structure and promote quality through National
Quality Campaign.

In addition it has an exclusive Board for promotion


of Quality. Each Board works independently and is
headed by a Chairman, identified from the
prominent people related to industry in India.
National Accreditation Board for Education and
Training (NABET) is one of the Boards of QCI
• Accreditation is a process of verification
of competency of an organization in delivering good quality
service/product in the chosen field, in this case EIA Reports.

• Accreditation is awarded, after carrying out structured assessment of


compliance to the accreditation guidelines.
• It helps organizations to adopt a holistic approach for preparing EIA
reports and to build in system to achieve continual improvement through
a transparent and credible mechanism.
Benefits of accreditation
a. For EIA consultant organizations
i. Use of QCI- NABET logo - a mark of quality
ii. Recognition of competence and capability
iii. Periodic assessment by NABET paving the way for continual
improvement iv. Publicity through QCI and MoEFCC websites and
publications
v. Growth in business through reputational benefits.
vi. Competitive edge.

b. For project proponents and other stakeholders


i. Availability of a list of capability verified consultants for different
sectors. ii. Checks on performance of the consultants through NABET
website.
iii. Reduced risks on investments by project proponents choosing capable
EIA consultants.
iv. Enhanced acceptability of developmental projects by all stakeholders.
For the implementation of the Scheme, NABET is guided by a group of eminent professionals in
the field of environmental management and allied subjects and Secretariat structured into five
groups as follows:

• Technical committee (TC)


• Accreditation committee (AC)
• NABET assessors
• NABET secretariat
• Specialists

Eligibility for accreditation


Only organizations meeting the eligibility criteria of this Scheme are considered for
accreditation. These consultant organizations can include government bodies, public sectors
undertakings and private organizations which could be proprietorship firms, partnership firms or
companies, bodies registered under Society Acts, Companies Act, Research Institutes, etc.
REQUIREMENTS FOR ACCREDITATION
The accreditation requirements have been developed for EIA
consultants with a view to have
system based approach for improving quality of EIAs. The
scheme specifies the following six essential requirements for
accreditation:
i. Human resource
ii. Field investigation and laboratory
arrangement iii. Quality management system
(QMS)
iv. Quality of EIA reports
v. Organizational commitment
vi. Compliance to conditions of accreditation/ improvements
achieved

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)
Day 8

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

STEP- by-
STEP
PROCEDURE
of conducting
EIA
Methodology for site selection
▪ Ecologically sensitive areas
▪ Coastal areas
▪ Transport or communication systems
▪ Flood plains

▪ No forest land shall be converted to non-forest activity. ▪ No


prime agricultural land shall be converted to industrial area. ▪
Enough space shall be provide for environmental facilities.

SCREENING
SCOPING
ENVIRONMENTAL LEGISLATION AND
IMPACT ASSESSMENT (EVE220)

Day 9

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in
Baseline data collection and analysis

Baseline data collection refers to collection of baseline information on


biophysical, social and economic aspects of a project area.

Collection of baseline information serves two purposes:

It provides a description of the status and trends of environmental


factors (e.g., air pollutant concentrations) against which predicted
changes can be compared and evaluated in terms of importance. It
provides a means of detecting actual change by monitoring once a
project has been initiated.
Baseline data collection and analysis
DATA SOURCES AND METHODS OF COLLECTION
Primary Sources: Result of the field and laboratory data collected and analyzed
directly
Secondary sources: Data collected indirectly from published records or
documents such as project documents, village profile, maps, photos, internet
sources etc.

Methods of data collection:

General methods: Literature review, map interpretation, checklists (e.g. scaling


and questionnaire checklists, matrices etc)
Resource‐based methods: methods: Scientific instruments and techniques
(inventory, species area curve, sampling techniques).
Impact Identification
Prediction of Impacts
▪ Predication of impacts is both qualitative and quantitative. The scale and
severity of an impact is determined by whether it is reversible or irreversible. ▪
If the impact is reversible, then it may be taken as low impact. ▪ If the adverse
impact cannot be reversed then the impact is said to be high. ▪ Duration of the
impact is equally important to understand. The chronological aspects of
impacts, arising at different stages must be taken into account.

Thus, it may be categorized into:


(i) Short-term (3-9 years)
(ii) Medium-term (10-20 years)
(iii) Long-term (beyond 20 years)
Tools for Impact evaluation
Impact Mitigation
Framework for Impact Mitigation
Documentation / Draft report
preparation
ENVIRONMENTAL LEGISLATION AND
IMPACT ASSESSMENT (EVE220)

Day 10

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in
Public Hearing

▪ Best EIA practice involves and engages the public at


numerous points throughout the process with a two
way exchange of information and views.

▪ Public participation may consist of informational


meetings, public hearings, and opportunities to provide
written comments about a proposed project.
Review and decision making by IAA
Post Project Monitoring
Key components of Monitoring
LIMITATIONS OF EIA

General
Limitations

Procedural Limitations
Limitations
Methodological
Limitations
Conceptual
General Limitations
• Lack of comprehensive environment information base
• Limitation of time and financial resources
• Labour intensive and tedious
• Non-reliability of data

• Complex procedures

• Political influence

• Public involvement in decision making

• Handling huge data is cumbersome

ENVIRONMENTAL LEGISLATION AND IMPACT


ASSESSMENT (EVE220)

Day 11

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

Conceptual Limitations

• Range of project alternatives in the project EIAis small


• Constraints of existing plans and policies
• There is no defined criteria to determine what type of
projects undergo an EIA thereby requiring
unnecessary expenditure and delay
Methodological Limitations

• More research and development of improved methodologies


is required to overcome limitations related to uncertainties in
data.
• EIA reports are extremely academic, bureaucratic and
lengthy containing too many tables of collected data without
data analysis, interpretation and environmental implications
Procedural Limitations

•It does not incorporate strategies of preventingenvironmental intervention. •


Project EIAs are limited to the projects direct impacts and this leads to ignoring
wide range of impacts including: Cumulative impacts, Global impacts, Indirect,
secondary or induced impacts and Synergistic impacts • Finally, the issue of
resource conservation, waste minimization, bye-product recovery, and
improvement of efficiency of equipment are not included which need to be
pursued as the explicit goal of EIA.
Contents of an Environmental Impact Assessment

a) description of proposed activity (+ analysis of need)


b) analysis of site selection procedure and alternate sites.
c) baseline conditions / major concerns
d) description of potential positive and negative environmental, social, economic and cultural
impacts including cumulative, regional, temporal and spatial considerations. e) significance
of impacts under (d)
f) mitigation plans
g) identify issues related to human health
h) consideration of alternatives, including not proceeding
i) monitoring plans (impacts and mitigation efforts)
j) contingency plans for unpredicted impacts
k) waste minimization and recycling plans
l) public consultation program
m) plans to minimize release of adverse substances
n) terms of reference
o) any other information deemed necessary.
p) Indication of any difficulties encountered while compiling the information.
ENVIRONMENTAL LEGISLATION AND IMPACT
ASSESSMENT (EVE220)

Day 12

Course Tutor: Mrs. Sahana. M (MS)


Assistant Professor,
Dept. of Environmental Engineering,
JSS STU (Formerly SJCE), Mysuru.
sahanam@sjce.ac.in

Terms of Reference
TOR or Terms of Reference is a document produced by the authority
conducting the EIA study. It is formed during Scoping, the second
stage in the EIA process. The finalized list of this stage of EIA is
submitted to the Ministry in the form of TOR.
TOR is an important document in the process of EIA because it sets
the guidelines for the study.
A TOR is drawn up with the following questions in mind.
• The purpose of the study/project.
• The extent of the study.
• The stakeholders’ requirements; each stakeholder looks at different
aspects of the project differently. Complex information needs to be
explained appropriately.
Content of TOR

TOR highlights the points that need to be covered (the TOR itself does not elaborate
on these points unless required) during the EIA study, which include:
1.A description of the project, it’s purposes and extent.
2.All the agencies responsible in the developmental project and the EIA study. 3.A
description of the existing environmental conditions in the project site and surrounding
areas.
4.The stakeholders that will be benefited and harmed by the fulfillment of the
project. 5.The environmental aspects the project is likely to affect.
6.The impacts, both positive and negative, the project will have on the environmental
and social aspects of the project area. This is undertaken through checklists, matrices
or networks.
7.A list/description of the species endemic to the area, which are likely to be effected.

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