Environment R

Impact S I
A Y
H
Assessment
S
AK
B Y
Y
D EM
C A
A
I C
ST
L I
HO

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 Environment impact assessment

I R
• Environmental Impact Assessment (EIA) is a toolSused to
A Y
identify the environmental, social and economicS H impacts of a
project prior to decision-making. Y A K
B
M Y
• Environmental Impact AssessmentD E (EIA) is a process of
C A
evaluating the likelyCenvironmental impacts of a proposed
A
T I
project or development, taking into account inter-related socio-
I S
OL
economic,Hcultural and human-health impacts, both beneficial
and adverse.

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 I R
S
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Environment impact assessment

I R
• Environment Impact Assessment in India is statutorily S backed
Y
by the Environment Protection Act, 1986 S
A
H which contains
A K
various provisions on EIA methodology Y and process.
B
M Y
• Environmental Impact Assessment D E (EIA) is an important
C A
management tool for A
ensuring optimal use of natural resources
I C
for sustainable T
Sdevelopment.
L I
H O
• It covers developmental sectors such as industries, thermal
power projects, mining schemes etc.

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 I R
S

Aims of
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Aims of EIA

I R
• It aims to predict environmental impacts at an early S stage in
A Y
project planning and design, find ways and S Hmeans to reduce
K
adverse impacts, shape projects toYsuit the local environment
A
and present the predictions and B
options to decision-makers.
M Y
D E
C A
• EIA systematically examines
C
A both beneficial and adverse
consequencesIof I
S the project and ensures that these effects are
T
OL
taken intoHaccount during project design.

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 Aims of EIA

• It helps to identify possible environmental effects

R
S of the
I
proposed project, proposes measures to mitigate A Y adverse
S H
effects and predicts whether there will AKbe significant adverse
B Y
environmental effects, even after Y the mitigation is
implemented. E M
A D
AC
I C
• By considering S the
T environmental effects of the project and
I
their mitigation
HO early in the project planning cycle,
L
environmental assessment has many benefits, such as
protection of environment, optimum utilization of resources
and saving of time and cost of the project.
akshaypatel00037 holisticacademy holistic.academy
 Aims of EIA
R
• Properly conducted EIA also lessens conflicts bySpromoting
I
community participation, informing decision Y
S H makers, and
A
helping lay the base for environmentally AK sound projects.
B Y
Benefits of integrating EIA have Y been observed in all stages of a
project, from explorationAand
M
D planning, through construction,
E
AC
operations, decommissioning, and beyond site closure.
I C
S T
L I
HO

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 I R
S
A Y
SH
K
Background Y of
A
BY
M
DE A
A C
I C
ST
L I
HO

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 Background of EIA

• The EIA process finds its origin from United States

R
S where due to
I
huge public pressure; the government enacted Y
S H National
A
Environmental Policy Act (NEPA) in 1970s. AK
BY
M Y
• The role of EIA process was A Dformally
E recognized at the Earth
Summit in Rio Conference A C in 1992.
I C
S T
L I
• The Rio declaration
H O stated that EIA shall be taken as national
instrument for proposed projects which might adversely impact
the environment.

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 Background of EIA

• The Indian experience with Environmental Impact

R
S Assessment
I
Y
began over 20 years back. It started in 1976-77
S H A when the
Planning Commission asked the DepartmentA K of Science and
B Y
Technology to examine the river-valley
Y projects from an
M
environmental angle. ThisAwasDE subsequently extended to cover
A C
those projects, which C required the approval of the Public
Student Notes:
I
I SInvestment Board.
T
O L
H
• Till 1994, environmental clearance from the Central Government
was an administrative decision and lacked legislative support.

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 Background of EIA
R
• On 27 January 1994, the Union Ministry of Environment S I and
A Y
Forests (MEF), Government of India, under S Hthe Environmental
K
(Protection) Act 1986, promulgatedYan EIA notification making
A
Environmental Clearance (EC) mandatory B for expansion or
M Y
modernization of any activity D E or for setting up new projects
C A
listed in Schedule 1 of A notification.
the
I C
S T
L I
• Since thenHOthere have been 12 amendments made in the EIA
notification of 1994.

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 I R
S
A Y
SH
Applicability Din
A K
BY
M Y
E
C A
A
I C
ST
L I
HO

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 Applicability in India
R
• EIA was first introduced in 1978 with regard to the I
S various river
A Y
valley projects all over the country and later S H expanded to
include various other developmental
K
procedures in its scope.
A
B Y
• EIA is now mandatory for over Y 30 classes of projects.
M
E Rules, 1986 warrant for the
• The Environmental Protection A D
A C
imposition of certain C restrictions on the construction/
T I
expansion/ modernization of specific projects without prior
I S
approval from
O L the Central, State, or Union Territory level
H
Environmental Impact Assessment Authority (EIAA) constituted
under the Environment Protection Act, 1986.

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 Categorisation ofHAY
project
I R
S
K S
A
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Categorisation of project

• The rules categorize the projects into two categories-S I R A and B

on the basis of the magnitude of their scale and A Y
impact on the
S H
natural and artificial resources. A K
BY
M Y
• The projects belonging to Category
A D E A require approval from the
Ministry of Environment and AC Forests on behalf of the Central
I C
Government, on the S Tadvice of an Expert Appraisal Committee (EAC),
L I
constituted by
HOthe Central Government for this specific purpose;
eg. Construction or Expansion of Ports, harbours, airports, nuclear
power, and related projects, Primary metallurgical industries (iron,
steel, copper, etc), individual projects, etc.
akshaypatel00037 holisticacademy holistic.academy
 Categorisation of project
R
• Projects and Activities falling under Category BS require the
I
A Y
approval of a State EIAA, based on the advice S H of a State Expert
Appraisal Committee (SEAC), constituted A K under the said
B Y
notification. Y
E M
A D
A C
I C
S T
L I
HO

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 I R
S
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

akshaypatel00037 holisticacademy holistic.academy

 I R
S
A Y
SH
EIA notification
A K
BY
M Y
DE A
A C
I C
ST
L I
HO

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 Objectives

• I R
To formulate a transparent, decentralized and efficientSregulatory
mechanism to integrate environmental concernsH AYthe developmental
into
process with a view to facilitating sustainable S
development.
K
A
BY
• To ensure incorporation of necessaryM Y environmental safeguards at
D E
planning stage in the project cycle,
C A so as to ensure minimal impact on
different components C A environment.
of the
T I
I S
• To ensure involvement
O L of stakeholders in the public consultation process
H hearing and to ascertain the views of the public on the
through public
proposed project or activity.

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 Salient features
R
• The EIA Notification, 2006 has categorizedS the projects
I
Y
into two categories namely; Category S H 'A' and
A
AK
Category 'B' based on their impact BY potential
M Y
D E
C A
A
I C
S T
L I
HO

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 Salient features
Category A S I R
A Y
Category A projects require mandatory environmental clearance
S H
K
and thus they do not undergo the screening
A process.
BY
M Y
E
Category B A C A D
I C
Category B projects undergoes screening process and they are
S T
I
classified into two
OL types.
H
Category B1 projects (Mandatorily requires EIA).
Category B2 projects (Do not require EIA).

akshaypatel00037 holisticacademy holistic.academy

 Salient features

I R
• Thus, Category A projects and Category B, projects S undergo the
complete EIA process whereas Category S
Y
B2H projects are
A
excluded from complete EIA process. AK
BY
M Y
• The stage of scoping for prescribing
A D E terms of reference by the
Regulatory Agency C C
for the EIA studies has been incorporated in
A
accordance with I International practice. It is expected to
the
T
I S
improve theO Lquality of EIA thereby improving the quality of
H
decision making and minimizing the delays.

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 Salient features

I R
• The public consultation process has been made S more
structured. It has two components i.e. comments A Y through
S H
correspondence and by public hearingAat K site. Provision to
B Y
videography the proceedings of Y the public hearing has been
M
made. A D E
AC
I C
• NOCs (No-ObjectionS T Certificates) from other
L I
regulatory agencies
HO such as SPCB etc. are not a
prerequisite for considering application for
environmental clearance.

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Stages of I R
S
Y

Environment clearance
H A
K S
A
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Stages of environment clearance

I R
• The environmental clearance process comprisesSof four stages,
namely, A Y
S H
AK
B Y
1. Screening stage M Y
E
2. Scoping stage ACA D
3. Public consultation
S T I C stage
I
4. Appraisal
H O L stage

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 I R
S
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Screening stage

I R
• Screening refers scrutiny of category 'B' projectsS seeking prior
environmental clearance made in Form-1Sby
Y
H the concerned State
A
K
Level Expert Appraisal Committee forAdetermining whether or
B Y
not the project requires furtherY environmental studies for
M
preparation of EIA for its Aappraisal
D E depending upon the nature
and location specificity A C
of the project.
I C
S T
L I
H O

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 Scoping stage

I R
• What effects could this project have on the environment?
S
A Y
• Which of these effects are likely to be significant and therefore
S H
AK
need particular attention in the environmental studies?
B Y
• Which alternatives and mitigationY measures ought to be
M
considered in developing Athe
D proposal for the project
E
AC
I C
S T
L I
HO

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 Public consultation stage

I R
• To ascertain views of local persons. Outcome of Spublic
consultation, which is not a decision making
Y
S H process, to be
A
included in EIA and addressed. AK
BY
M Y
D E
C A
A
I C
S T
L I
HO

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 Appraisal stage

I R
• Appraisal means the detailed scrutiny by the Expert S Appraisal
Committee or State Level Expert Appraisal
Y
S HCommittee of the
A
application and other documents submitted AK by the applicant
B Y
for grant of environmental clearance.Y
E M
A D
A C
I C
S T
L I
HO

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 Stakeholders in the EIA process

I R
• Those who propose the project S
• The environmental consultant who prepare
Y
S H EIA on behalf of
A
project proponent AK
B Y
• Pollution Control Board (State or Y National)
M
• Public has the right to express
A D their opinion
E
• The Impact Assessment A CAgency
C
• Regional centerSofTIthe MoEFCC
L I
HO

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 I R
S
A Y
SH
K
2006 amendment to the
A
BY
Y
EM D
C A
A
I C
ST
L I
HO

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 2006 Amendment to the EIA
Notification
I R
• Decentralization of Project Clearances: S
• It classified the developmental projects in
Y
SHtwo categories:
A
• Category A (national level appraisal): A K
B Y
• projects are appraised by Impact M Y Assessment Agency (IAA) and
the Expert Appraisal Committee D E (EAC)
C A
Category B (state A
• I C level appraisal):
• S T
State Level Environment Impact Assessment Authority (SEIAA)
L I
O
and StateHLevel Expert Appraisal Committee (SEAC) provide
clearance to the Category B projects.

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 2006 Amendment to the EIA
Notification
R
• Introduction of Different Stages: S I
Y
• The Amendment introduced four stages S A
into
H EIA Cycle;
A K
Screening, Scoping, Public hearing and Y Appraisal.
• Category A projects require mandatory
B environmental
M Y
clearance and thus they do D E have to undergo the screening
not
C A
process. A
I C
• Category B projects
I S T undergo a screening process and are
L
further classified into B1 (Mandatorily requiring EIA) and B2
HO
(Not requiring EIA).

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 2006 Amendment to the EIA
Notification
R
• Projects with Mandatory Clearance: Y
S I
• Projects such as mining, thermal powerKplants,
A
SH river valley,
infrastructure (road, highway, ports, A
harbors and airports) and
BY
industries including very small M Yelectroplating or foundry units
D E
are mandated to get environment
C A clearance.
A
I C
S T
L I
HO

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 I R
S
A Y

Advantages of
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Advantages of EIA

Reduced cost and time of project implementation

R
• S and design,
I
• Avoided treatment/clean-up costs and impacts A Y of laws and
S H
regulations. AK
B Y
• Lays base for environmentally Y sound projects;
• E M
Greater awareness of environmental legislation;
A D
• AC Optimum utilization of
Protection of Environment
I C
resources(balanceS T between development and Environmental
I
protection)
HO
L
• Informs decision makers
• EIA reports are a critical component of India’s environmental
decision making process.
akshaypatel00037 holisticacademy holistic.academy
 Advantages of EIA

It acts as a detailed study of the potential impacts

R
• S of proposed
I
projects. A Y
S H
• AK
It helps in predicting environmental impacts at an early stage in
B Y
project planning and design. Y
Based on these reports, the
M
• A D Environment Ministry or other
E
relevant regulatory bodiesAC may or may not grant approval to a
I C
project. S T
I
• The EIA reports
HO are also important to define measures that the
L
project could take in order to contain or offset project impacts.

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 Advantages of EIA

• EIA-based approvals for most projects also involve

R
S the process
I
Y
of conducting public hearings, so that whoHare likely to be
A
K S
affected can be taken on board beforeAapproving the project.
BY
M Y
• EIA links environment with A Ddevelopment.
E
A C
I C
• The goal is to ensure
S T environmentally safe and sustainable
I
development.
HO
L

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 I R
S
A Y
H

Disadvantages of
K S
A
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 Disadvantages of EIA

• Time-consuming I R
S
• A Y
Little public participation in actual implementation
S H
• Sometimes too focused on the scientific AK analysis
B Y
• Compliance monitoring after EIA Y is seldom carried out
Impact assessment processes
M
• A D are in place and applied in many
E
AC is often inadequately addressed.
countries, yet biodiversity
I C
• There is a growingS T recognition of the need to better reflect
I
biodiversity
HO considerations in environmental impact
L
assessments and strategic environmental assessments.

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 I R
S
A Y
SH
K
Draft EIA notification
A
BY
M Y
E D
C A
A
I C
ST
L I
HO

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 Draft EIA notification 2020
R
• The Ministry of Environment, Forest and ClimateSChange
I
(MoEF&CC) has published the draft Environment A Y Impact
S H
AK the intention of
Assessment (EIA) Notification 2020, with
B Y
replacing the existing EIA Notification,
Y 2006 under the
Environment (Protection)AAct,
M
D 1986.
E
AC
I C
S T
L I
HO

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 Draft EIA notification 2020
R
• The Key Proposals of the 2020 Draft include: S I
A Y
S H
• Reduced time for public hearings Y A K
• Exemption of projects B
M Y
• Post-clearance compliances D E
C A
• Annual submission of A
report
I C
• No public reporting
I S T for non-compliance
Post-facto L
• HOclearance

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 Reduced time for public hearing

• One of the major steps of the EIA Mechanism is the

R
S public
I
participation. A Y
S H
AK
B Y
• The 2020 draft proposes to reduce Y the notice period for public
hearings from 30 days toA20
M
D days.
E
AC
I C
• However, the MoEFCC
S T has claimed it to be "in tune with the
I
times", given
HO the growth of internet and mobile telephony.
L

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 Exemption of projects

• Furthermore, by classifying a number of projects

R
S into A, B1 and
I
B2, a host of projects are exempted from public A Y scrutiny.
S H
AK
B Y
• Category B2 projects do not require
Y mandatory Environment
E M
Clearance (EC), unlike theACategory A and B1 projects.
D
AC
I C
S T
L I
HO

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 Exemption of projects
R
• Exempted Projects: S I
A Y
• The projects under this exempted category S H include: Offshore
and onshore oil, gas and shale exploration.
A K
B Y
• Hydroelectric projects up to 25YMW.
E M
• Irrigation projects between A D 2,000 and 10,000 hectares of
A C
command area. C
• Small and medium
I
T cement plants.
I S
Acids other L
• HOthan phosphoric or ammonia, sulphuric acid.

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 Exemption of projects

MSMEs in dye and dye intermediates, bulk drugs,

R
• S synthetic
I
rubbers, medium-sized paint units. A Y
S H
• AK or widening of
All inland waterway projects and expansion
B Y
highways between 25 km and 100 Y km with defined parameters.
These include roads that A cut
M
• D through forests and dredging of
E
major rivers. AC
I C
• Aerial ropewaysST in ecologically sensitive areas.
I
• Specified Hbuilding
O L construction and area development projects;
built-up area up to 1,50,000 sq. m.

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 Post clearance compliances

• It implies that once a project gets approved by the

R
S concerned
I
authority, the proponent projects are required Y
S H to adhere to
A
certain rules laid down in the EIA report AKin order to ensure that
B Y
no further environmental damages Y take place.
E M
A D
AC
I C
S T
L I
HO

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 Annual submission of report

• The new draft EIA, proposes the submission of compliance I R

S
Y
reports annually whereas as per the 2006 Hnotification, the
A
K S
compliance report was to be submitted A every six months.
BY
M Y
• Environmental experts are A Dof
E the view that allowing a longer
A C
period for filling the compliance report will give an opportunity
I C
to project proponents
S T to hide disastrous consequences, which
I
could go unnoticed.
HO
L

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 Annual submission of report
R
• Report Prepared Solely by Project Proponents: S I
A Y
• Meanwhile, submission of the complianceSH report will be solely
K
prepared by the project proponentsY itself, which, without
A
B
oversight and review, may leadYto inaccurate information
E M
submitted on the project.AD
AC
I C
S T
L I
HO

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No public reporting for non-compliances

• The EIA Notification 2020 excludes reporting of S

R
violations and
I
Y
non-compliance by the public. Instead, theHgovernment will take
A
K S
cognizance of reports only from the violator-
A promoter,
B Y
government authority, Appraisal Y Committee or Regulatory
Authority. E M
A D
AC
I C
S T
L I
HO

akshaypatel00037 holisticacademy holistic.academy

 Post-facto clearance

• Another major proposal in the draft 2020 is granting

R
S 'post-facto
I
clearance' where a project that has been operating
A Y without
S H
AK
environmental clearance, can be regularized or allowed to apply
B Y
for clearance. Y
E M
A D
C
• The judiciary has held,Aas in the case of Alembic Pharmaceutical
I C
vs. Rohit Prajapati
S T in April 2020 that "environment law cannot
I
countenance
HO the notion of an ex post facto clearance
L

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 Post-facto clearance

I R
• Penalty for Firms:
H A Y
S
• Firms found violating the
S
A terms of their
K
establishment, if theyBY have to get the clearance,
M Y
however, will D Ehave to pay a penalty.
C A
A
I C
S T
L I
HO

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 I R
S
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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 THANK YOU
I R
S
A Y
SH
A K
BY
M Y
D E
C A
A
I C
ST
L I
HO

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