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ENVIRONMENTAL IMPACT ASSESMENT

Text Book:
1. Larry W Canter, “Environment impact Assessment”, McGraw Hill Publication
Reference Book:
2. Jain R.K –Van, “Environment impact Analysis”, Nostrand Reinhold Co
Syllabus
Module: 1
Introduction to EIA and EIA process in India
Introduction, Purpose of EIA, Evolution & History of EIA, EIA- Guiding principles, Role of EIA
and its fundamentals, EIA mechanism and attributes, Functional stages and basic
components of EIA system, Benefits of EIA.
Scope and EIA process in India: EIA Notification 2006 and Amendments in EIA notification,
Categorization of projects, Stages in Prior Environmental Clearance Process, Validity of EC.
Module: 2
Prediction and Assessment of impacts, Mitigation and Compensation
Prediction and Assessment of Impacts on the Environment: Air, Water, Noise, Biological,
Cultural and Socioeconomic Environment.
Mitigation and Compensation: Objectives and Principles of mitigation, Compensation for
impacts, Analysis of Potential Environmental impacts
Syllabus
Module: 3
Public participation in EIA and Environmental Management plan
Public participation in Environmental decision making: Introduction, Participation in the EIA
process, objectives of public participation, Techniques of public participation, Advantages
and disadvantages.
Environmental Management plan: Introduction, Management of Air water and land
Environment. Environment monitoring program, Mitigation measures.

Module: 4
Environmental audit and method of impact analysis , EIA for various projects
Environmental audit and method of impact analysis: Introduction, Aim, purpose,
objectives and types of Environmental audit, Audit Procedure. Methods of environment
impact identification: warner and Preston study, Checklist method, Matrices, Network
method
Syllabus

Module: 4 (Cont..)
Environmental audit and method of impact analysis , EIA for various projects
EIA for various projects: EIA for water resource development projects, Highway
projects, Nuclear power plant projects, Mining project (Coal, iron ore), Thermal power
plants and Infrastructure constructional activities. Case studies in EIA.
Conceptual framework
The environmental impact assessment is an innovative process
recommended by different international agencies as a valid environmental
protection tool and endorsed by the experience gained in developed
countries that have incorporated it into their legal systems.
Major International Organizations Fighting Environmental Destruction.

World Nature Organization (WNO)


United Nations Environment Programme (UNEP)
International Union for Conservation of Nature (IUCN)
Intergovernmental Panel on Climate Change (IPCC)
Global Environment Facility (GEF)
Earth System Governance Project (ESGP)
INTRODUCTION
What is EIA?
• It is an early warning process that verifies the enforcement of environmental
policies.
• It is a preventive tool used to evaluate the negative and positive environmental
impacts of policies, plans, programs, and projects; the EIA proposes measures to
adjust impacts to acceptable levels.
• EIA can be defined as the systematic identification and evaluation of the
potential impacts of the proposed project, plans, programs or legislative actions
relative to the physical-chemical, biological, cultural and socioeconomic
components of the total environment.
INTRODUCTION
Environmental Impact Assessment (EIA)
• EIA is a tool used in planning development strategies and projects, and
its use has been adopted into planning regulations in a number of
countries, and by a number of regional groupings and multilateral agencies
(CEQ, 1978; CEU, 1985, 1997; World Bank, 1988; DANIDA, 1994; EBRD,
1996).
CEQ - Council of Environmental quality
CEU - Council of the European communities
DANIDA - Danish International Development Agency
EBRD - European bank of Reconstruction and Development
What is the purpose of EIA ?
 To “…encourage productive and enjoyable harmony between man and his
environment; to promote efforts which will prevent or eliminate damage to
the environment and biosphere and stimulate the health and welfare of man;
to enrich the understanding of the ecological systems and natural resources
important to the Nation....”
 “To implement a strategy of sustainable development, prevent adverse
impact on the environment after the implementation of plans and
construction projects, and promote coordinated development of the
economy, society, and environment.”
What is the purpose of EIA ?
To allow government officials, business leaders, and all concerned citizens to
understand the likely environmental consequences of proposed actions, and
to cooperate in making wise decisions that restore and maintain the quality of
our shared environment for future generations.
Key elements of EIA

• EIA must be undertaken EARLY in the development of proposed projects,


plans, and programs, and must be completed BEFORE a decision to proceed is
made.
• EIA must be an OBJECTIVE, IMPARTIAL analytical process, not a way of
promoting or “selling” a proposal to decision-makers—it must use accepted
scientific principles and methods.
• EIA must analyze all REASONABLY PREDICTABLE environmental impacts or
effects of a proposed action— effects may be short-term, long-term, direct, or
indirect.
• The process of EIA must be OPEN – to government officials at all levels, to
potential stakeholders (those with direct interests in the proposed action), and
to the PUBLIC.
Key elements of EIA

• There must be an early, public SCOPING stage in EIA to consider ALTERNATIVES


and to help focus subsequent analysis on the MORE SIGNIFICANT potential
impacts – rather than studying all possible environmental effects— the GOAL is
to reach a decision.
• Government officials responsible for implementing EIA must ENCOURAGE (not

just tolerate) PUBLIC PARTICIPATION in the process from the scoping stage
forward.
• In all EIA processes, effective MITIGATION MEASURES must be identified and
included—to avoid, minimize, or reduce the adverse effects of all potentially
significant impacts.
Key elements of EIA
• EIA reports must include an ENVIRONMENTAL MANAGEMENT SYSTEM
(EMS) or Action Plan to MONITOR the implementation phase of the
project, plan, or program and provide for CORRECTIVE actions—such
action plans must have assured FUNDING and be legally enforceable
Evolution of EIA

• early 1970s – initial development

• 1970s to 1980s – increasing scope

• mid to late 1980s – process strengthening and policy

integration

• mid 1990s – towards sustainability (SEA, Biodiversity)

• Environment Impact Assessment in India is statutory backed

by the Environment Protection Act in 1986, which contains

various provisions on EIA methodology and process.


Brief History of EIA

First introduced in USA: National Environmental Policy Act (NEPA) 1970


• In 1973 and 1974, Canada, Australia, and New Zealand were the first
countries to follow the NEPA example
• During the 1970s, other industrial and developing countries introduced
formal EIA requirements
• In 1989, EIA became a standard requirement for all World Bank financed
investment projects
• “EIA… 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
competent national authority”.
Developments in the 1990s

Major reforms to well established EIA systems (e.g US)

• Implementation of Environmental directives

• World Bank introduce EIA policies

• International environmental conventions (climate change, biodiversity,

desertification)

• World bank and others strengthen the development of SEA.


Historic development

1970 : USA-NEPA (National Environmental policy Act)


• 1973 : Canada
• 1974 : Australia
• 1979 : China
• 1981 : Netherlands
• 1984 : Japan
• 1985 : European Union
• 1988 : UK
• 1991 : Sweden
• 1994 : Finland
EIA – Three core values

• Integrity :The EIA process will conform to agreed standards

• Utility :The EIA process will provide balanced, credible information for

decision-making

• Sustainability : The EIA process will result in environmental safeguards


EIA – guiding principles
• The EIA process should be:
Purposive – meeting its aims and objectives
Focused – concentrating on the effects that matter
Adaptive – responding to issues and realities
Participative – fully involving the public
Transparent – clear and easily understood
Rigorous – employing ‘best practicable’ methodology
Practical – establishing mitigation measures that work
Credible – carried out with objectivity and professionalism
Efficient – imposing least cost burden on proponents
Guiding principles of EIA good practice
Principles Practical application
Source: Sadler, 1996; IAIA and IEMA, 1999.
Purposive EIA should meet its aims of informing decision making and
ensuring an appropriate level of environmental protection and
human health.
Focused EIA should concentrate on significant environmental effects,
taking into account the issues that matter.
Adaptive EIA should be adjusted to the realities, issues and
circumstances of the proposals under review.
Participative EIA should provide appropriate opportunities to inform and
involve the interested and affected publics, and their inputs
and concerns should be addressed explicitly.
Guiding principles of EIA good practice

Principles Practical application


Transparent EIA should be a clear, easily understood and open process, with
early notification procedure, access to documentation, and a
public record of decisions taken and reasons for them.
Rigorous EIA should apply the best practicable methodologies to address
the impacts and issues being investigated.
Practical EIA should identify measures for impact mitigation that work and
can be implemented.
Credible EIA should be carried out with professionalism, rigor, fairness,
objectivity, impartiality and balance.

Efficient EIA should impose the minimum cost burden on proponents


consistent with meeting process requirements and objectives.
EIA – Guiding principles
What is the role of EIA?
• Aid to decision making: Clarify trade off associated with the proposed action
• Aid to formulation of development actions :
systematic consideration of the action, its impacts and alternatives. Creative
process
• Aid to inter disciplinary co operation: EIA requires cooperation between
different professions.
• Aid to public involvement: EIA provides knowledge and frame work for
participation in planning and decision making process
• Instrument for sustainable management : Reveal adverse impacts and
inconsistency towards existing environmental policies
EIA Fundamentals
• It assesses the impact of human activities on the environment.

• It defines the environment as the integration and relation of social,

physical, and biological systems.

• It defines impact as the significant positive or negative alteration of the

environment by human actions.


EIA General Concepts
• EIA is a systematic, reproducible, and interdisciplinary evaluation of the potential
impact of a proposed action and its alternatives, on the physical, biological,
cultural, and socioeconomic environment of a geographical area.
• The purpose of the EIA is to ensure that significant environmental resources are

recognized at the beginning of the decision-making process and are protected


through planning and pertinent decisions.
• EIA is an early warning process of continuous analysis that protects

environmental resources against unjustifiable or unexpected damages.


• The EIA process transforms environmental laws into a uniform set of technical

requirements and procedures to analyze human actions systematically before their


implementation.
EIA General Concepts
• EIA helps solve problems during the decision-making process.
• It provides the bases for more informed decisions regarding positive and
negative environmental impacts.
• The effectiveness of the EIA depends on the relevance given to environmental
quality at the national, regional, or local levels.
EIA Process
Objective:
– To insert human activities into the environmental policy that supports
sustainable development, in order to ensure that:
– Actions are environmentally satisfactory.
– Positive and negative environmental consequences are identified at the initial
stage of human activities.
– The prevention, mitigation, and compensation of negative actions are a key
element of environmental management.
EIA Process
Means:
• To determine whether the human activities proposed are compatible
with the environmental policy and legislation.
• To have a single, informed, and transparent procedure especially
designed to review and qualify environmental impacts.
• To conduct preventive studies to identify, forecast, and evaluate negative
and positive impacts.
• It is essential to understand the significance of the potential
environmental impacts; and for this purpose there are different methods
(not mutually-exclusive) that can be adapted to each situation.
• In many cases, the EIA introduces a new technology into the
environment to solve problems of deterioration.
Objectives of EIA

• To ensure that environmental consideration are explicitly addressed and

incorporated into the decision making process

• To anticipate and avoid, minimize or offset the adverse significant

biophysical, social and other relevant effects of development proposals

• To protect the productivity and capacity of natural systems and the

ecological processes which maintain their functions

• To promote development that is sustainable and optimizes resource use

and management opportunities


Immediate objectives of EIA are to:

• improve the environmental design of the proposal;

• ensure that resources are used appropriately and efficiently;

• identify appropriate measures for mitigating the potential impacts

of the proposal; and

• facilitate informed decision making, including setting the

environmental terms and conditions for implementing the proposal.


Long term objectives of EIA are to:

• protect human health and safety;


• avoid irreversible changes and serious damage to the
environment;
• safeguard valued resources, natural areas and ecosystem
components; and
• enhance the social aspects of the proposal.
Main EIA Mechanisms

• Environmental impact assessment (EIA): set of requirements, steps, and


stages that should be complied with in order for a preventive
environmental analysis to be sufficient in itself, according to international
standards.
• Environmental impact assessment system (EIAS): organization and
management of the EIA according to the situation and capability of those
who apply it.
• Environmental impact study: the document(s) that justify the preventive
environmental analysis and provide(s) judgment elements to make
informed decisions about environmental effects of human activities.
Important parts of the EIA process
• To decide in advance whether an environmental impact assessment is
necessary.
• To analyze only the actions that may have a significant environmental impact.
• To incorporate beforehand ( in advance) significant impact criteria, such as:
– Air and water pollution.
– Deterioration of protected natural and ecological resources.
– Undesirable impacts such as landscape deterioration, generation of noise, and
others.
– Discharges of toxic or hazardous substances or waste generation.
– Cumulative adverse effects.
– Negative sociocultural impacts.
– Significant public controversy.
To clearly define the scope of the EIA and consider:
 Widespread participation.
 Determination of key points.
 Elimination of insignificant points.
 Allocation of requirements for study preparation and
qualification.
 Identification of the purpose of the action and alternative
actions.
EIA Attributes

• It is integrated by different components of the environment and various

disciplines.

• It targets the significant impacts.

• It is flexible enough to adjust to each individual case.

• It predicts the consequences before implementing an action.

• It incorporates community participation (agencies, project proposers,

community, authorities).
EIA Attributes

• It reports possible impacts.

• It supports the environmental protection and improvement policy.

• It complements an integrated development of actions, together with

political, economic, and social decisions, among others.

• It leads to the abandonment of environmentally unacceptable actions,

mitigates the negative impact until acceptable levels are reached, and

adjusts changes in time.

• It supports decision-making.
Limitations of Environmental Impact Studies

• It is not always possible to emphasize the interdisciplinary character,


although this is essential.
• They use predictive methods based on scientific information that is not
always available.
• They use abstract concepts which cannot always compete with sciences
that incorporate quantifiable data.
• They need data that are all at the same level and exchangeable on
compatible scales.
• Since they have a varied methodological framework, it is necessary to
know the land or place affected in order to define its use.
Limitations of Environmental Impact Studies

• They require detailed information that is not always available or is not

compatible with the study requirements.

• They have to improve the methods of appraisal for analyzing

environmental impacts in the same way as economic and social impacts.

• Some environmental components are difficult to address, such as quality

analysis, fragility of the land, and landscape value, among others.


Functional Stages of The EIA System
• An environmental impact assessment process has a logical sequence of

stages and steps that are of crucial importance when being applied to the
human activities under evaluation to comply with the process objective.
• Their elimination or inconsistency could result in an incomplete analysis and

a deficient environmental evaluation of the human activity.


• Some basic components of an environmental impact assessment are the

following:
a) policy definition,

b) legal and regulatory bases,


c) administrative procedures,
d) environmental impact study,
e) decision or pronouncement,
f) follow-up, g) Information and methodological guidelines
Basic components of the EIA
system
• Establishment of a substantive(Separate and independent) national

environmental policy that sets environmental protection priorities.

• Definition of legal requirements for the EIA process.

• Creation of regulations and requirements to implement the law

systematically, strictly, and pragmatically.

• Establishment of an administrative procedure for the preparation,

coordination, orientation, and qualification of studies that analyze

environmental impacts.
Basic components of the EIA
system

• Identification and clarification of organizational functions and

responsibilities within the current legislation.

• Coordination of drafting and reviewing of reports, and of the decision-

making process among governmental agents, private agents, consultants,

and the general public.

• Ongoing evaluation of the success of the program and those responsible

for it.

• Encouragement of community participation at all stages.


Benefits of EIA
• Lower project costs in long term

• Avoidance or remedial measures are planned and implemented in time

to minimize adverse impacts

• Improved planning of future projects

• Better protection of the environment

• Minimized social impacts through the consultative processes

• Opportunity for the public to learn about environmental effects, express

concerns, and provide input to the assessment process

• Opportunity for the public to influence the decision-making process


Benefits of EIA
• Reduced cost and time of project implementation.
• Cost-saving modifications in project design.
• Avoiding impacts and violations of laws and regulations.
• Improved project performance.
• The benefits to local communities from taking part in environmental impact
assessments.
• A healthier local environment (forests, water sources, agricultural potential,
recreational potential, aesthetic values, and clean living in urban areas).
• Improved human health.
• Maintenance of biodiversity.
• Decreased resource use.
• Fewer conflicts over natural resource use.
• Increased community skills, knowledge and pride.
BENEFITS FLAWS
Provides systematic methods of Time consuming
IA
Estimates the benefit/cost Costly
trade-off of alternative actions
Facilitates public participation Little public participation in actual
implementation
Provides an effective Unavailability for reliable data
mechanism for
 Coordination
 Environmental integration
 Negotiations
 Feedback
Top-level decision making Too focused on scientific analysis
Develop a database for Poor presentation of EIA report (bulky volume,
institutional building Scientific explanation, difficult to understand)
Achieve a balance between the Compliance monitoring after EIA is seldom
impact of developmental and carried out
environmental concern
What do we mean by the
“environment”?

The “Environment” comprises all entities, Natural or manmade,


external to oneself and their interrelationships which provide
value, now or perhaps in the future, to humankind.
Environmental concerns relate to their degradation through
actions of humans.

(National Environment Policy, 2006)


Introduction (EIA in India)
 EIA which stands for environmental impact assessment is a domain
which encompasses almost all areas of environmental engineering.
 EIA and environmental clearance (EC) are two things which MoEF, Govt.
Of India has mandated for many categories of project before their
commissioning.
 Buildings with built up area of more than 20000 metre square and
townships with area more than 50 Ha or 500000 square metre of built
up area comes under it.
 A thorough report is made for the possible outcomes of the project
(i.e..it’s impact on surrounding environment).
Introduction (EIA in India)
 If the impact is within the limits as specified by MoEF and SEAC, it is sent
for approval otherwise client is suggested to take corrective steps.
 Scope of the topic trespasses the boundaries of green house gas emissions
and global warming, water and energy crises, carbon emission and
environmental pollution of various kind.
 It was EIA that brought in an element on environment in all projects. It lead
to eco friendly and sustainable construction techniques which paved way
for the concept of green building

SEAC: State Expert Appraisal Committee


MoEF : Ministry of Environment & Forests
EIA in India
Historical Perspective
 The foundation of environmental impact assessment (EIA) in India was first laid
in 1976-77 when the Planning Commission asked the then Department of
Science and Technology (DST) to examine all the river-valley projects from an
environmental angle.
 This was subsequently extended to cover those projects, which required an
approval from the Public Investment Board. However, these were
administrative decisions, and didn't have the legislative support.
 To fill this gap, the Government of India enacted the Environment Protection
Act (EPA) on 23rd May 1986.
 To achieve the objectives of this act, one of the decisions that were taken was
to make EIA .
EIA in India
Historical Perspective

 On 27 January 1994, the Union Ministry of Environment and Forests


(MoEF), Government of India, under the Environmental Protection Act of
1986, promulgated an EIA notification making Environmental Clearance
(EC) mandatory for any expansion or modernization activity or for setting
up new projects listed in Schedule 1 of the notification.
 Since then there have been about twelve amendments made in the EIA
notification of 1994.
EIA Notifications 1994 & 2006
 The environmental impact assessment process was integrated into the
Indian legal system in 1994 when Environment Impact Assessment (EIA)
Notification had first come into existence.
 The objective of the Notification was to emphasize for more sustainable
industrialization process in the country after giving due consideration to
environmental, social and economic factors. For doing so, the notification
imposed restrictions and legalities on setting up, modernizing or expanding
any project (new or already existing) or proposal without getting an
environmental clearance from the government.
 The new EIA notification was introduced by the Ministry of Environment and
Forests (MoEF) on September 14, 2006.
EIA Notifications 1994 & 2006

 The major difference in the New EIA Notification, 2006 from the earlier
version of 1994 is its attempt to decentralize power to the State
Governments.
 As per the new notification, significant number of projects will go to the
state govt. for getting clearance depending on its size/capacity/area. For
this, the notification has made a provision to form an expert panel, the
State Environment Appraisal Committees at the State level (SEAC) headed
by a chairperson. This is a good attempt to reduce the burden on the
Central Government and consequent delays which used to be a big
problem

Decentralize: Transfer (authority) from central to local government


Identified constraints in EC process
under EIA notification, 1994

• Procedure not sufficiently standardized or streamlined

• Disproportionate and unnecessary details sought with

applications

• No fixed or predictable schedule of appraisal meetings

• Reopening of technical issues during various stages of appraisal

• Poor quality of EIA studies by consultants

• Delays by other concerned agencies


EIA Notification, 2006
Issued on 14.09.2006
Objectives
To formulate a transparent, decentralized and efficient regulatory
mechanism to:
 Incorporate necessary environmental safeguards at planning
stage of specified investment projects
 Involve stakeholders in the public consultation process
Developmental Activities
Requiring ‘EC’

• All new projects / activities listed in Schedule.

Schedule is based on potential environmental impacts, not investment limits;

• Change in capacity (beyond specified limits),

change in process, change in product mix of existing projects


Differences between EIA notification,
1994 & 2006
• No NOC for EC from state / UT Authorities

• Revised Schedule based on potential impacts instead of investment criteria


• Required due diligence / process based on categorization into A and B1 & B2,
depending upon potential environmental impacts
• Appraisal for Category A at Central level, Category B1, B2 at State Level (with
specified exceptions)
• Check-list information in Form-1 / Form-1-A to determine TORs for EIA, if
required (scoping stage);
• Finality of TORs
(Terms of reference (TOR) define the purpose and structures of a project)
• Scoping stage incorporate site clearance – No separate site clearance is
required.
Differences between EIA
notification, 1994 & 2006 (contd.)

• Public consultation to consist of (i) public hearing for local people; and ii)

web based inputs from others

• PH to be conducted by SPCB with DM in chair. If limit of 45 days not

adhered to, MoEF will specify another agency to do so.

• For state level EC, independent Authorities to be set-up: State Level

Environment Impact Assessment Authority (SEIAA), Expert Appraisal

Committees (EAC) – Notification defines qualifications/experience in

Appendix-VI
Categorization of projects

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
Categorization of projects
General Conditions
project or activity specified in Category ‘B’ will be treated as Category A, if

located in whole or in part within 10 km from the boundary of :

 Protected areas notified under the Wild Life (Protection) Act, 1972

 Critically polluted areas as identified by the Central Pollution Control Board

from time to time

 Eco-sensitive areas as notified under section 3 of the E (P) Act, 1986, such as

Mahabaleshwar, Panchgani, Matheran, Pachmarhi, Dahanu, Doon valley, and

 Inter-State boundaries and international boundaries


Requirements of prior Environmental Clearance (EC)
 EC by whom?
Category A projects: Central Government in the Ministry of Environment and
Forests
Base decisions on the recommendation by Expert Appraisal Committee (EAC)
Category B projects: At state level the State Environment Impact Assessment
Authority (SEIAA)
The SEIAA shall base its decision on the recommendations of a State or Union
territory level Expert Appraisal Committee (SEAC) as to be constituted for in this
notification
In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be
treated as a Category ‘A’ project (shall be appraised at Central level after
amendment in 2009)
List of Project Categories requiring to obtain EC
I. Mining extraction of natural resources and power generation
(for a specified production capacity)
1(a) Mining of minerals
1(b) Offshore and onshore oil and gas exploration, development & production
1(c) River valley projects
1(d) Thermal Power plants
1(e) Nuclear power projects and processing of nuclear fuel

II. Primary Processing


2(a) Coal Washeries
2 (b) Mineral beneficiation
List of Project Categories requiring to obtain EC

III. Materials Production


3(a) Metallurgical industries (ferrous & non ferrous)
3(b) Cement plants

IV. Materials Processing


4(a) Petroleum refining industry
4(b) Coke oven plants
4(c) Asbestos milling and asbestos based products
4(d) Soda ash industry
4(e) Leather/skin/hide processing industry
List of Project Categories requiring to obtain EC
V. Manufacturing/Fabrication
5(a) Chemical fertilizers
5(b) Pesticides industry and pesticide specific intermediates (excluding
formulations)
5(c) Petro-chemical complexes (industries based on processing of petroleum
fractions & natural gas and/or reforming to aromatics)
5(d) Manmade fibers manufacturing
5(e) petrochemical based complexes (processing other than cracking &
reformation and not covered under the complexes)
5(f) Synthetic organic chemicals industry (dyes & dye intermediates; bulk drugs
and intermediates excluding drug formulations; synthetic rubbers; basic organic
chemicals, other synthetic organic chemicals and chemical intermediates)
5(g) Distilleries
List of Project Categories requiring to obtain EC
VI. Service Sectors
6(a) Oil & gas transportation pipeline (crude and refinery/petrochemical
products), passing through national parks/sanctuaries/coral reefs/ecologically
sensitive areas including LNG Terminal
6(b) Isolated storage & handling of hazardous chemicals (as per threshold
planning quantity indicated in column 3 of schedule 2 & 3 of MSIHC Rules 1989
amended 2000)

VII. Building/Construction projects/Area Development projects


and Townships
7(a) Building and construction projects
7(b) Townships and Area Development project
List of Project Categories requiring to obtain EC
VIII. Physical Infrastructure including Environmental Services
8(a) Air ports
8(b) All ship breaking yards including ship breaking units
8(c) Industrial estates/parks/complexes/areas, export processing zones
(EPZs), Special Economic Zones (SEZs), Biotech parks, leather complexes
8(d) Common hazardous waste treatment, storage and disposal facilities
(TSDFs)
8(e) Ports, Harbors
8(f) Highways
8(g) Aerial ropeways
8(h) Common Effluent Treatment Plants (CETPs)
8(i) Common Municipal Solid Waste Management Facility (CMSWMF)
State Level Environment Impact Assessment
Authority (SEIAA)
SEIAA is an independent body; members/chairman have fixed term, can not be
removed except for cause
• Three (3) Member SEIAA to be notified by MOEF on receiving nominations from
all concerned States and UTs
• Chairman and other member shall be experts/professionals fulfilling the
eligibility criteria given in Appendix VI.
• Chairman shall be an expert in EIA process.
• Member Secretary shall be a serving officer of the State Government familiar
with environmental laws.
• MoEF to notify SEIAAs within 30 days from the date of receipt of nominations
• Decision of the Authority on the basis of consensus or general agreement
• No funding from MoEF
Expert Committees for Screening, Scoping and
Appraisal (EAC and SEAC)
Expert Committees
 Expert Appraisal Committees (EACs) at the Central Government
 State Expert Appraisal Committees (SEAC) at the State or the Union
territory
Responsible for screening, scoping and appraising projects
 EAC/SEAC may inspect sites (during screening, scoping and appraisal)
 EAC/SEAC shall not have more than 15 regular members.
Procedure for selection and maintenance of EAC and SEAC is given in
notification, as per composition and eligibility criteria given in Appendix-VI.
Screening, Scoping and Appraisal
Committees (contd.)
• EAC/SEAC may inspect sites (during screening, scoping and appraisal)

• EAC/SEAC shall not have more than 15 regular members.

• Chairperson may co-opt an expert as a member in a relevant field for a

particular meeting of the committee as per eligibility criteria given in

Appendix-VI.

• Time period for Committees defined (3-years).

• All members will be part-time and expenditure to be borne by State

Government.
Application for Prior Environmental Clearance
An application seeking prior environmental clearance in all cases shall be
made
 In the prescribed Form 1 and Supplementary Form 1A
 Supporting document for Form 1: Pre feasibility report.
 Form 1 to be submitted:
 After identification of the prospective site for the project
 Before commencing any construction activity
 Before preparation of land at the site
Submit pre-feasibility report for all and conceptual plan for construction
activities
Form – 1 (Application for the Project Consideration)
Contents:
 Size of the Project (Capacity)
 Expected cost of the Project
 Activities involved in the Project
 Demolition work
 Dredging
 New road, rail or traffic during construction or operation
 Use of natural resources
 Production of solid waste
 Release of pollutants, toxic or noxious substances to air
 Effluent generation
 Generation of noise and vibration
Stages in EC process
Stage 1: Screening (Only for Category ‘B’ projects and activities)

Stage 2: Scoping

Stage 3: Public Consultation

Stage 4: Appraisal

Sequential order

all of which may not apply to particular cases as set forth in this notification
Stage 1: Screening
This is the first stage of EIA, which determines whether the proposed
project, requires an EIA and if it requires EIA, then the level of assessment
required.
 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 has issued
appropriate guidelines from time to time
Stage 2: Scoping

This stage identifies the key issues and impacts of the project that should be
further investigated. This stage also defines the boundary and time limit of the
study.
 Who does the 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
Stage 2: Scoping (Contd..)
 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
 ToR proposed by the applicant
 a site visit by a sub- group of EAC or SEAC only if considered necessary

Note: 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.
Stage 2: Scoping (Contd..)

 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
 Prepare EIA draft report (Manual for different activities has available in
MoEF website)
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 with exemption of followings:
 Modernization of irrigation projects
 Expansion of road or highways projects
 All projects concerning national defence and security etc.
Public Consultation may be exempted by Expert Appraisal Committee
(EAC/SEAC) if project is not affecting the local people
Stage 3: Public consultation

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
Component 1: Public hearing
 Public hearing shall be conducted by the State Pollution Control Board

(SPCB) in consultation with District Magistrate of concerned district

 at the site or in its close proximity-district wise

 Notice of Public Hearing to be published in two widely circulated

newspaper at least 30 days prior to public hearing

 forward proceedings to the regulatory authority concerned within 45

days

 If not appoint another independent organization to do the same within

another 45 days
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
 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
 Videography of proceedings must
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


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
Stage 4: Appraisal
 EAC or 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


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


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
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

 Submission of half – yearly compliance reports in respect of stipulated

prior environmental clearance terms and conditions to regulatory

authority (Submit by 1st June and 1st December)

 All such compliance reports submitted by the project management shall

be public document to be displayed on the website or concerned

regulatory authority’

 Post project monitoring in respect of Category ‘A’ and ‘B1’ Projects to be

carried out by MoEF’s Regional Offices.


Summary of EIA process and Rough Timelines
1) What are the Identified constraints in EC process under EIA

notification 1994

2) What are the main objectives of EIA notification 2006?

3) With the help of flow chart explain Categorization of projects in EIA

4) Explain the stages which involved in EC process


1) Define EIA and what are the purposes of EIA
2) Explain the Key Elements of EIA
3) Explain three core values of EIA
4) List the guiding principles of EIA
5) What are the immediate and long term objectives of EIA
6) Write a short notes on limitations of Environmental Impact Studies
7) Compare benefits and Flaws of EIA

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