Environmental Impact Assessment

Environmental Impact Assessment is a process whereby people’s views are taken into consideration for granting final approval to any developmental project or activity.

The MoEFCC uses Environmental Impact Assessment Notification 2006, issued under relevant provisions of the Environment (Protection) Act, 1986, as a major tool for minimizing the adverse impact of rapid industrialization on the environment and for reversing those trends which may lead to climate change in the long run.

Environment (Protection) Act, 1986:

It is umbrella legislation for the enforcement of measures for the protection of the environment and several notifications of rules.

• Introduced in the wake of the Bhopal Gas tragedy. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments (Stockholm Conference).
• Environment Pollution (Prevention and Control) Authority (EPCA):
  • It was empowered by the Supreme Court to protect and improve the quality of the environment and prevent and control environmental pollution in the NCR.
  • It enforces the Graded Response Action Plan for Delhi NCR, which comprises the graded measures for each source framed according to the AQI categories.

Bhopal Gas Tragedy

The Bhopal Gas tragedy occurred at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal. Here, Water entered a Methyl Isocyanate (MIC) storage tank, triggering an exothermic reaction. This led to the release of 40 tons of toxic MIC gas into the atmosphere. The plant lacked proper refrigeration and functional safety valves, worsening the disaster. Non-compliance with Safety Norms UCIL ignored maintenance and operated with cost-cutting measures. Several safety systems, including gas scrubbers and flare towers, were dysfunctional. No emergency evacuation plan or public warning system was in place. The plant was located near densely populated areas, increasing casualties.  Environmental Impact Soil and groundwater contamination due to residual toxic chemicals. Long-term effects included crop failures and animal deaths. The site remains polluted even decades later, affecting nearby communities.     6. Impact on Human Life Over 15,000 deaths and 500,000+ injuries due to toxic exposure. Victims suffered from blindness, lung damage, cancer, and genetic disorders. Generations faced birth defects and chronic health conditions. Conclusion: Lack of Justice Despite massive casualties, legal action was minimal. Union Carbide’s CEO escaped liability, and victims received inadequate compensation. The site remains a symbol of corporate negligence.

Mandate:

1. Government’s power to protect the Environment: Section 3 gives the Central Government the power to act to protect the environment.
   • For example, the Central Ground Water Authority (CGWA) has been created under these provisions.
   • Section 4 also allows the government to appoint officers to achieve these objectives.
2. Environmental Impact Assessment: MoEFCC uses Environmental Impact Assessment Notification 2006, issued under relevant provisions of the Environment (Protection) Act, 1986, as a major tool for
   • minimizing the adverse impact of rapid industrialization on the environment and
   • for reversing those trends that may lead to climate change in the long run.
3. Declaration of Restricted Areas: The areas on which restriction has been imposed by this act include:
   • Coastal Regulation zones, which we shall see later in this chapter.
   • Ecologically sensitive zones (ESZs) – seen under the topic of National Parks earlier. National Board for Wildlife (NBWL) under the Wildlife Protection Act, 1972 too has the power to regulate ESZs.
   • The government has also declared Doon Valleyin Uttarakhand and Aravalli Regions in Alwar, Rajasthan have also been declared protected areas.
4. Regulation of Genetically Modified Organisms (GMOs): MoEFCC under the Environment (Protection) Act, 1986 has notified the “Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells, 1989 (Rules, 1989).
   • The rules also cover the application of hazardous microorganisms which may not be genetically modified.
   • Hazardous microorganisms include those which are pathogenic to animals as well as plants.

Introduction of EIA

Environmental Impact Assessment (EIA) started in 1978-79 for the first time with the impact assessment of river valley projects in 1978-79. Since then the scope has subsequently been enhanced to cover other developmental sectors such as industries, thermal power projects, mining schemes etc.

EIA Notification

In 1992, the Environment Ministry released an Environmental Impact Assessment Notification to formally provide for the EIA of each project. It also provides for a necessary Environment Management Plan for prevention, elimination or mitigation of the impact likely to be caused by certain developmental activity.

EIA has now been made mandatory under the Environmental (Protection) Act, 1986 for 29 categories of developmental activities involving investments of Rs. 50 crores and above.

The EIA notification was amended in 1994 and 2006 for comprehensive coverage and for the adoption of a decentralised approach.

Compulsory EIA sectors

Schedule I of the notification has provided a list of projects which require environmental clearance from the central government. These projects Include:

1. Nuclear Power & Related Projects
2. River Valley Projects
3. Ports, harbours, airports (except minor ports and harbours)
4. Highway projects
5. Tarred roads in the Himalayas and/or forest areas
6. Petroleum Refineries including crude and product pipelines
7. Chemical Fertilisers
8. Pesticides
9. Petrochemical complexes & petrochemical intermediates
10. Bulk drugs and Pharmaceuticals
11. Oil and Gas exploration, production, transportation and storage
12. Synthetic rubber
13. Asbestos and its products
14. Hydrocyanic acids and its derivatives
15. Primary metallurgical industries and electric arc furnaces
16. Chlor-Alkali industry
17. Integrated paint complex
18. Viscose stable fibre and filament yarn
19. Storage batteries integrated with the manufacture of oxides of lead and lead-antimony alloy.
20. Thermal power plants
21. Tourism projects in Coastal regulation zone.
22. Mining projects (major minerals) with a lease of more than 5 hectares
23. Distilleries
24. Raw skins and hides (untanned animal skin)
25. Pulp, paper and newsprint
26. Dyes
27. Cement
28. Foundries
29. Electroplating industry.

Environmental clearance is required with respect to all new projects or activities listed in the Schedule to the 2006 notification and their expansion and modernization, including any change in product –mix.

Categorisation of projects

Since EIA 2006, the various developmental projects have been re-categorised into category ‘A’ and category ‘B’ depending on their threshold capacity and likely pollution potential, requiring prior Environmental Clearance (EC) respectively.

1. Category A: EIA is done by the Expert Appraisal Committee (EAC) of the MoEFCC;
   • Mandatory environmental clearance: These are national-level projects that have to undergo an EIA process mandatorily.
   • It also includes the expansion and modernization of existing projects or activities and changes in product mix.
2. Category B: the concerned State Environmental Impact Assessment Authorities (SEIAAs), State Expert Appraisal Committee (SEAC). Where state-level authorities have not been constituted, the clearance would be provided by the MoEFCC. Further subdivided:
   • B1: Mandatory EIA.
   • B2: Doesn’t require EIA.

Stages of Environmental Impact Assessment

Application for Prior Environmental Clearance (EC): should be made after the identification of prospective site(s) for the project and/or activities to which the application relates. The applicant must submit a pre-feasibility project report along with the application form.

The EIA notification provides for a 4-stage process Environmental Impact assessment:

• Screening: determining whether or not the project or activity requires further environmental studies for preparation of EIA.
  • All Category A projects require mandatory environmental clearance and therefore do not need to undergo screening.
  • Certain projects, with a smaller impact on the environment do not require Environmental clearance. This decision is made by the state-level Expert Appraisal Committee (SEAC) on the basis of the existing rules.
• Scoping: refers to the process by which the Expert Appraisal Committee (EAC) determine the detailed and comprehensive Terms of Reference (TOR).
  • The TOR addresses all relevant environmental concerns /questions for the preparation of an EIA Report.
  • The TOR is conveyed to the applicant by the EAC (or State Level EAC) within sixty days of the receipt of the Form. These are displayed on the website of the Environment Ministry or concerned state-level Environment Impact Assessment Authority.
  • Application for prior environmental clearance can be rejected at this stage.
  • Sector-Specific TOR: The MoEFCC has classified all projects into certain types of sectors. These projects require evaluation on the basis of a standard set of TOR.

Subject matter of Term of Reference (TOR)

A TOR must note the following aspects of the project: Purpose of the project and its benefits Project Description: describing basic activities, location, layout and implementation schedule of the project. Provide essential maps, delineating nearby protected areas, drainage contour maps, Hydrographic charts of the offshore area, CRZ maps etc. Analysis of Alternatives Description of the environment – Land environment (topography, geology, soil, Meteorological data), Water Environment (Groundwater, surface water), Marine environment (Coastal Hydrology, Bed sediment Contamination, sea/harbour water quality), Biological Environment (Marine ecology, Flora and Fauna), Air Environment, noise, and Existing waste disposal facilities,     6. Socio-economic parameters: Socio-economic & occupational health environment, Public utilities etc.     7. Anticipated Environmental Impacts & Mitigation measures, and additional studies.     8.  Environmental Cost-benefit analysis.

 

• Public consultation: ascertaining concerns of affected persons. It considers all the material concerns in the project or activity design as appropriate.
  • Exceptions: All Category A and B1 projects require Public consultation except – modernisation of irrigation projects, projects located in approved industrial parks, Road/Highway projects that do not require further acquisition of land, maintenance dredging of rivers, building projects or townships, or any project related to national security.
  • Public Hearing: The public hearing site must be close to the project site by the state Pollution Control Board (PCB).
  • Submission of concerns: This must be done in writing. State PCBs must invite responses from concerned persons by placing the Summary EIA report on their website in a prescribed format.
  • Proceedings must be forwarded within 45 days of request from the applicant.
  • Preparation of Final EIA report: The applicant is required to address all environmental concerns and make appropriate changes. The final EIA report thus prepared is submitted to the concerned regulatory authority for Appraisal.
• Appraisal of project proposals: Appraisal means detailed scrutiny by the EAC based on the public consultations and final EIA report.
  • The applicant might be invited to furnish necessary clarifications in person.
  • Final Recommendation: the concerned EAC might make categorical recommendations to the regulatory authority either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the application along with the reasons.
  • Projects that did not require the submission of an EIA report shall be appraised on the the basis of application form submitted before the screening.

Environmental Clearance

The regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant within 45 days of the receipt of the recommendations i.e. within 105 days of the receipt of the final Environment Impact Assessment Report.

In the cases where Environment Impact Assessment is not required, within 105 days of the receipt of the complete application with requisite documents.

Rejection: The regulatory agency can reject the recommendations of the EAC/State EACs in exceptional circumstances.

• For any such rejection reasons for disagreement should be stated.
• The EAC/State EAC shall consider the observations of the regulatory authority and furnish its views within 60 days.

Expert Appraisal Committees (EACs)

The Expert Appraisal Committees (EACs) at the Central Government and the state EACs (SEACs) at the State level screen, scope and appraise projects or activities in Category ‘A’ and Category ‘B’ respectively. EAC and SEAC’s meet at least once every month, and is re-constituted every three years. The EAC and SEACs function on the principle of collective responsibility. The Chairperson endeavours to reach a consensus in each case, and if consensus cannot be reached, the view of the majority prevails.

Monitoring of Projects:

• Submission of Half-Yearly Compliance: It shall be mandatory for the project management to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms & conditions. This is made public on the website of the regulatory authority.

The National Environment Appellate Authority (NEAA) is the appellate authority for environmental impact assessment (EIA) cases in India. The NEAA was established by the Ministry of Environment and Forests in 1997.

Overall Criticism of EIA:

1. Too Slow: The whole process takes 105 days in principle, but often the whole process gets delayed much beyond this time limit. Stalled projects lead to cost increases and greater damage to the environment.
2. Too complex: The involvement of multiple agencies makes the process too slow and complex to follow.

Star rating system:

Recently the government introduced a star rating system to speed up the process of Environmental impact assessment clearance. Under this scheme, State-level environment committees that appraise industrial projects on their potential environmental risk would be incentivised with points for “transparency, efficiency and accountability”. On a scale of 7, an SEIAA, for instance, gets more points for granting a clearance in less than 80 days than for within 105 days and no marks for more. A score of seven or more would be rated ‘five stars’.

Advantages of such a scheme:

• Greater efficiency: It will accelerate the pace of decision-making. Rather than files being sent back for every query, all objections must be compiled and addressed in one go, it contends.
• Ease of doing business: This idea is to facilitate the Government’s broader commitment to ‘Ease of Doing Business’.
• Improve investment in India: This is critical for better economic growth.
• The star rating system proposed is to “rank” and “incentivise” States on how quickly and “efficiently” they can accord environmental clearances.

Problem:

• The hastening of a critical process: This might defeat the purpose of the whole Environmental Impact Assessment (EIA) exercise. In the quest for more stars, states would logically vie for speedily clearing projects rather than ensure a thorough appraisal.
• State committees are already hampered by having too few independent experts and decision-making being left to bureaucrats rather than to environment specialists. The star system would impact this further.
• It may not give enough chance for site visits and feedback: In many instances, site visits are critical to understanding the potential environmental challenges. Calculating the risks and the benefits of industrial projects vis-à-vis their environmental impact is understandably hard.
• Further, both industrialists and States gain from projects and, therefore, the tendency is always to elide environmental concerns.

Conclusion: The T.S.R Subramanian committee report suggested a “fast track” procedure and single window clearance. However, it did so by suggesting streamlining of processes. The ‘Star rating system’ can be at times too objective to the questions which are essentially highly complex and at times subjective. Therefore, care must be taken so that the EIA process does not become a namesake process of compulsory clearance.

EIA Notification, 2020

• Screening Stage removed: It removes the requirement of classifying projects into B categories on a case-to-case basis. Currently, the State Environment Appraisal Committee (SEAC) classifies projects into A, B1 and B2.
• Environmental Permission: B2 category projects which do not require EIA, will be passed merely on the basis of an Environmental Permission (EP). It is not clear how EP would be different from the Environmental Clearance (EC).
• 6-Stage Process: Compared to the four stages prescribed under the EIA Notification 2006, the Draft EIA Notification proposes a 6-stage process including:
  1. Scoping,
  2. Preparation of Draft EIA Notification,
  3. Public Consultation,
  4. Final EIA,
  5. Appraisal and
  6. Grant or Rejection of Environmental clearance or environmental permission.
• A Host ofprojects exempted from public scrutiny: As many as 40 projects ranging from clay and sand extraction, coal and non-coal mineral extraction, minor irrigation etc. are exempted from prior EC or prior EP.
• Annual Submission of Reports:Project proponents are only required to submit a compliance report once a year, in contrast with the earlier half-yearly requirement.
• The projects under this exempted 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.
  • Small and medium cement plants.
  • Acids other than phosphoric or ammonia, sulphuric acid.
  • MSMEs in dye and dye intermediates, bulk drugs, synthetic rubbers, and medium-sized paint units.
  • All inland waterway projects and expansion or widening of highways between 25 km and 100 km with defined parameters.
  • These include roads that cut through forests and dredging of major rivers.
  • Aerial ropeways in ecologically sensitive areas.
  • Specified building construction and area development projects; built-up area up to 1,50,000 sq. m.
• Post-clearance compliance:It implies that once a project gets approved by the concerned authority, the proponent projects are required to adhere to certain rules laid down in the EIA report to ensure that no further environmental damages take place.
• Ex-Post-facto Clearance:Where a project that has been operating without environmental clearance, can be regularised or allowed to apply for post-facto clearance within a 6 months window.

• • Criticism: This is essentially against the concept of the “Precautionary Principle”, which essentially aims to avert risks of severe or irreversible harm to the environment or human health in the face of scientific uncertainty.

• Exemption on Public Consultations: The DraftEIA Notification provides an exemption for Category ‘A’ and ‘B1’ expansion proposals or modernization with a capacity increase of less than 50% from public consultation. It further exempts all projects concerning national defence and security or involving other strategic considerations determined by the Central Government from public consultation and additionally prohibits any related information from being placed in the public domain.
• Reduced Time for Public Hearings: The notice period for public hearings is from 30 days to 20 days, given the growth of internet and mobile telephony.
• Compliance Report Prepared Solely by Project Proponents:The government will take cognizance of reports only from the violator-promoter, government authority, Appraisal Committee or Regulatory Authority.

• • Criticism: It essentially excludes reporting non-compliance by the public. Without oversight and review, it may lead to inaccurate information submitted on the project.

• Use of only English and Hindi; There is also the concern that the DraftEIA Notification has only been published in English and Hindi. Inaction on the part of the Ministry to publish it in the regional languages is a violation of the fundamental rights of the citizens who do not know English and Hindi.

Precautionary principle

The precautionary principle is a concept in environmental law that holds that a developmental project, whose potential for environmental degradation is difficult to prove scientifically, should not be proceeded as a precaution. Precautionary measures are initiated based on scientific information and analysis of possible risks to human health and the environment, even if those risks are only tentative. In fact, EIA provides the foundational tool for decision-making by providing information about potential risks and harm.

Successive judicial decisions have recognized the precautionary principle as an essential part of the Indian domestic law framework. In Vellore Citizens Welfare Forum v. Union of India the court interpreted the precautionary principle to include the following components;

1. State government and the statutory authorities must anticipate, prevent, and attack the causes of environmental degradation.
2. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as the reason for postponing measures to prevent environmental depredation.
3. The ‘onus of proof’ is on the actor or the developer/industrial to show that their action is environmentally benign.

Example of Precautionary Principle: In the field of biotechnology, we are generally not sure about the long-term impact of genetic engineering on the environment and human health. Thus, in the past, MS Swaminathan had called for the application of the Precautionary principle (PP) i.e. science-based and rigorous bio-safety protocols and evaluation of GM crops should done and if there is a doubt on the bio-safety issue, the plan of implementation must be dropped.

Importance of Precautionary Principle:

1. Prevention is better than cure: Environmental harm can be irreparable and it is better to avoid any damage to the environment rather than to try to remedy it.
2. The tool even in the face of scientific uncertainty: Provides measures to avert risks of severe or irreversible harm to the environment or human health in the face of scientific uncertainty.

PARIVESH:

It stands for Pro-Active and Responsive Facilitation by Interactive Virtuous & Environmental Single Window Hub.

It is an online web portal developed by MoEFCC for all types of clearances: Environment, Forests, Wildlife and CRZ clearances. It has the following Features:

• It has a Single Window System for Central, State & District level clearance applications,
• Online submission and monitoring of compliance reports including geo-tagged images of the site by regulatory body.
• Management of proposals submitted by Project proponents to MoEFCC, as well as State level Environmental Impact assessment authorities (SEIAA)
• Developed with technical support of NIC.
• It will have unique IDs for all types of clearances required for a particular project.
• The facility of the GIS interface for the Appraisal committee will help them in analysing the proposal efficiently,
• Automatic alerts (via SMS & emails) at important stages to the concerned officers, committee members and higher authorities to check the delays.

FAQs related to Environmental Impact Assessment