Aims and objectives of Environmental Impact Assessment

(EIA). Environmental Impact Statement (EIS) and Environmental Management

Plan (EMP). EIA Guidelines. Impact Assessment Methodologies. Procedure for
reviewing EIA of developmental projects. Life-cycle analysis, costbenefit
analysis. Guidelines for Environmental Audit. Environmental Planning as a part of
EIA and Environmental Audit. Environmental Management System Standards
(ISO14000 series). EIA Notification, 2006 and amendments from time to time.
Eco-labeling schemes

EIA NOTIFICATION
EIA Notification 1994 (including amendments)

 A signatory to the Stockholm Declaration (1972) on Environment, India enacted laws

to control water (1974) and air (1981) pollution soon after.

 But it was only after the Bhopal gas leak disaster in 1984 that the country legislated

an umbrella Act for environmental protection in 1986.

 Under the Environment (Protection) Act, 1986, India notified its first EIA norms in

1994, setting in place a legal framework for regulating activities that access, utilise,

and affect (pollute) natural resources. Every development project has been required to

go through the EIA process for obtaining prior environmental clearance ever since.

 The 1994 EIA notification was replaced with a modified draft in 2006. Earlier this

year, the government redrafted it again to incorporate the amendments and relevant

court orders issued since 2006, and to make the EIA “process more transparent and

expedient.”

 The notification specified the type of project/proposal that needed environmental

clearance and thus would have to conduct the EIA.

 The Act made it mandatory for all projects listed in schedule 1 to get an

environmental clearance from the Central government, be it, for setting or expanding

any plant anywhere in the country.

 It also listed a number of projects/proposals, which have been exempted from the

environment clearance process or public hearing. 

 The notification also made provisions for formation of an Impact Assessment Agency

(IAA), which essentially consisted of experts for review of the documents submitted

to the MEF for clearance.

 It defined the roles and responsibilities of the IAA and has fixed time frame for

various stages of the environmental clearance process.

 The notification also made the provision for the proponent to reapply in case it was

rejected due to lack of data.

 It, however, placed a penalty of automatic rejection in case of misrepresentation and

concealing of factual data. 

 Several changes were made to the original notification.

 The first amendment came within a few months of the notification on July 4, 2005.

Many more were to follow. The EIA notification 1994 was amended 12 times in 11

years. While most of the amendments diluted the process of environmental clearance

process, there were some, which also strengthened the process. 

 Projects in Schedule-1 have been divided into two categories,

Category A and B.

 Category A project will require clearance from Central Government (MEF).

 Category B will require clearance from State Government.

 However, the state government will first classify if the B project falls under B1 or B2

category.

 B1 projects will require preparation of EIA reports while remaining projects will be

termed as B2 projects and will not require EIA report.

 This has the potential of being a good move as decentralization of power may speed

up the project clearance process.

 However, it may be misused and there is an urgent need to build the capacity of the

state regulators to deal with their new responsibilities.

 Proponent desiring to undertake any project listed in Schedule-1 had to obtain

clearance from the Central Government.

 Well defined screening process with projects divided into two categories:

Category A: All projects and activities require EIA study and clearance from central

government.

Category B: Application reviewed by the State Level Expert Appraisal Committee

into two categories - B1 (which will require EIA study) and B2, which does not

require EIA study.

In screening, the project proponent assesses if the proposed activity/project falls under

the purview of environmental clearance, than the proponent conducts an EIA study

either directly or through a consultant.

 Scoping has been defined in the new Notification 2006. However, the entire

responsibility of determining the terms of reference (ToR) will depend on the Expert

Appraisal Committee. This will be done in case of Category A and Category B1

projects.
  However, the finalisation of ToR by the EACs will depend on the information

provided by the project proponent. There is however a provision that the EACs may

visit the site and hold public consultation and meet experts to decide the ToR.

However, if the EACs do not specify the ToR within 60 days, the proponent can go

ahead with their own ToR.The final ToR shall be displayed on the website of the

Ministry of Environment and Forests and concerned State / Union Territory

Environment Impact Assessment Authority (SEIAA). Scoping was not

applicable. The terms of reference was completely decided by the proponent without

any public consultation.

 Public Consultation- All Category A and Category B1 projects or activities have to

undertake public consultation except for 6 activities for which public consultation has

been exempted. Some of the projects exempted include expansion of roads and

highways, modernization of irrigation projects, etc. Some of these may have potential

social and environmental impact.The responsibility for conducting the public hearing

still lies with the state PCBs. Member- Secretary of the concerned State Pollution

Control Board or Union Territory Pollution Control Committee has to finalise the

date, time and exact venue for the conduct of public hearing within 30 days of the

date of receipt of the draft Environmental Impact Assessment report, and advertise the

same in one major National Daily and one Regional vernacular Daily. A minimum

notice period of 30 days will be given to the public for furnishing their responses.The

public consultation will essentially consist of two components – a public hearing to

ascertain the views of local people and obtaining written responses of interested

parties.

Salient Features of 2006 Amendments to EIA Notification

 Environment Impact Assessment Notification of 2006 has decentralized the
environmental clearance projects by categorizing the developmental projects in two
categories, i.e., Category A (national level appraisal) and Category B (state level
appraisal).
 Category A projects are appraised at national level by Impact Assessment Agency
(IAA) and the Expert Appraisal Committee (EAC) and Category B projects are
apprised at state level.
 State Level Environment Impact Assessment Authority (SEIAA) and State Level
Expert Appraisal Committee (SEAC) are constituted to provide clearance to Category
B process.
 After 2006 Amendment the EIA cycle comprises of four stages:
 Screening
 Scoping
 Public hearing
 Appraisal
 Category A projects require mandatory environmental clearance and thus they do not
undergo the screening process.
 Category B projects undergoes screening process and they are classified into two
types.
 Category B1 projects (Mandatorily requires EIA).
 Category B2 projects (Do not require EIA).
 Thus, Category A projects and Category B, projects undergo the complete EIA
process whereas Category B2 projects are excluded from complete EIA process.

What are the key changes in the Environment Impact

Assessment Notification 2020?

 The Ministry of Environment, Forest and Climate Change (MoEF&CC) has

published the draft Environment Impact Assessment (EIA) Notification 2020,
with the intention of replacing the existing EIA Notification, 2006 under the
Environment (Protection) Act, 1986.
 The government wants to incorporate modifications made to the regulations
through amendments in the interim period.
  An EIA makes a scientific estimate of the likely impacts of a project, such as a
mine, irrigation dam, industrial unit or waste treatment plant. There is also a
provision for public consultation in the rules, including a public hearing at which
the local community and interested persons can give opinions and raise objections,
based on the draft EIA report prepared by experts for the project.

How does the draft EIA Notification differ from the one now in force?

 Among the major departures from existing regulations is the removal of several
activities from the purview of public consultation. A list of projects has been
included under Category B2, expressly exempted from the requirement of an EIA
(Clause 13, sub cl. 11).
 The projects under this category include offshore and onshore oil, gas and shale
exploration, hydroelectric projects up to 25 MW, irrigation projects between 2,000
and 10,000 hectares of command area, small and medium mineral beneficiation
units, small foundries involving furnace units, some categories of re-rolling mills,
small and medium cement plants, small clinker grinding units, acids other than
phosphoric or ammonia, sulphuric acid, micro, small and medium enterprises
(MSMEs) in dye and dye intermediates, bulk drugs, synthetic rubbers, medium-
sized paint units, all inland waterway projects, expansion or widening of highways
between 25 km and 100 km with defined parameters, aerial ropeways in
ecologically sensitive areas, and specified building construction and area
development projects.
 The projects in this list are, under existing norms, identified on the basis of
screening by Expert Appraisal Committees, rather than being exempted through
listing in the Schedule. Also, coal and non-coal mineral prospecting and solar
photovoltaic projects do not need prior environmental clearance or permission in
the new scheme.

What are the apprehensions?

 There is apprehension that the exemption from EIA and public consultation for
listed B2 category activity and expansion and modernisation projects will
seriously affect the environment, since these will be carried out without oversight.
 Combined with a new provision for post-facto environmental clearance (of
projects executed without prior clearance), this would further weaken protections.
Moreover, the notice period for public hearing has been cut from 30 days to 20
days. This will make it difficult to study the draft EIA report, more so when it is
not widely available or provided in the regional language.
 Similarly, for project modernisation and expansion, the norms in Notification
2020 are liberal, with only those involving more than 25% increase requiring EIA,
and over 50% attracting public consultation.
 Under the proposed changes, project proponents need to submit only one annual
report on compliance with conditions, compared to the existing two. The move is
seen as retrograde, because the CAG found in 2016 that the deficiency in semi-
annual compliance reporting was between 43% and 78%, while failure to comply
with conditions ranged from 5% to 57%. Non-compliance was encountered
particularly in river valley and hydroelectric power projects and thermal power
projects. After the gas leak at LG Polymers in Visakhapatnam on May 7, the
Environment Ministry told the National Green Tribunal that the unit lacked
environment clearance, exposing the low effectiveness of rules.

How would the new rules enable post-facto approval of violations?

 The MoEF&CC cites its own order of March 14, 2017 enabling appraisal of
projects involving violations — where construction had begun or expansion or
modernisation was carried out without clearance — and an order of the Jharkhand
High Court asking for consideration of a case on merits, independent of penal
action for violation, to introduce a beneficial scheme for violators.
 The EIA Notification 2020 excludes reporting by the public of violations and non-
compliance. Instead, the government will take cognisance of reports only from the
violator-promoter, government authority, Appraisal Committee or Regulatory
Authority. Such projects can then be approved with conditions, including
remediation of ecological damage, which, again, will be assessed and reported by
the violator (and not an unconnected agency), although Central Pollution Control
Board guidelines must be used.

How does the draft notification compare with global norms?

 EIA rules must meet the requirements of the precautionary principle of avoiding
harm, and intergenerational equity. The European Union, as an evolving example, has
modified its processes in accordance with the Aarhus Convention, 1998, which
stipulates that environmental rights and human rights are linked, the present
generation owes an obligation to future generations, sustainable development can be
achieved only through the involvement of all stakeholders, government accountability
and environmental protection are connected, and interactions between the public and
public authorities must take place in a democratic context. The EU Directive on EIA
includes climate change and biodiversity concerns.
 The rules in India, including EIA 2006, it can be argued, privileged the interests of the
project proponent by whittling down public consultations, accepting flawed and faulty
EIA reports resulting from external influences, and ignoring the non-renewable nature
of resources. Notification 2020 deepens the impact of that paradigm.
Eco-labeling schemes

Background:

The concept of ecolabelling is to encourage environmentally friendly commodities in the

market. Agenda 21 recommended governments to promote environmental labelling in order
to change consumption patterns and thereby conserving the environment for sustainable
development (UNCED, 1992). Ecolabelling was first introduced in Germany in 1978. Now,
most of the developed countries and some developing countries including India have
established ecolabelling programme. European Union (EU) implemented voluntary
ecolabelling programme within member countries in 1992.

Indian Eco Mark

The Ministry of Environment and Forests had launched the scheme of labelling of
environment friendly products in 1991. The scheme identified 16 categories of consumer
products for the purpose of development of eco-criteria and labelling. So far criteria for 14
categories of product have been finally notified by the Government. The manufacturers of
these categories of products can apply to the Bureau of Indian Standards, if their products are
meeting the relevant standards notified, for the award of eco-logo. Ministry has also launched
publicity campaigns for providing necessary awareness among the consumers and
manufacturers. The scheme could not become popular because of lack of adequate response
from the manufacturers.

Criteria

The Ministry has favoured a comparatively simple system, in which the criteria for awarding
any label should not forgo the quality of a products and should focus primarily on the direct
impact of a product during use and disposal, along with aspects of energy efficiency, noise
(as in electrical goods etc.). The criteria are transparent, ie. very clear and open to all, so that
the basis of judgement will be clearly understood and appreciated.

The following primary environmental criteria for products are prescribed

• that they cause substantially less pollution than other comparable products in production,
usage and disposal;

• that they are recycled and/or recyclable where comparable products are not;

• that they make a significant contribution to saving non-renewable resources or minimizing

use of renewable resources compared with other comparable products;

• that they contribute to a reduction of adverse environmental health consequences;

• that their price is not extraordinarily higher than comparable products; and

• that they comply with laws, standard and regulations pertaining to the environment.

Specific criteria would be set for each product category with reference to the general criteria.

Steering Committee

The Government of India has set up a Committee in the Ministry of Environment and Forests
and notified on March 6, 1991. The Ministry of Environment and Forests determines the
categories of the products for coverage under the scheme and also formulate strategies for
promotion by creating mass awareness, implementation, future development and
improvement in working of the scheme. This Committee ensures involvement of other
ministries, industries, associations non- governmental organizations and it is responsible for
notifying final criteria in the Gazette of India .

Technical Committee
The Ministry set up a Technical Committee on March 6, 1991 and subcommittees for each
product categories with expert in field for drafting the criteria. The Technical Committee
recommends the most suitable criteria and publishes draft final criteria. The Technical sub-
Committees consider the comments/ suggestions received on the draft notification, finalize
the criteria and recommend to the Steering Committee for final notification.

The Committee advises and recommends product categories as well as evolves the detailed
criteria for the award of the Eco Mark. The Committee consists of members having specific
expertise and representatives of the industry affected, the scientific community,
environmentalists consumer groups and government. The product selected and criteria
defined are reviewed in the Ministry of Environment and Forests, in the light of comments
from various interest groups. The Ministry then notifies the criteria for the various product
categories.

Executing Agency

The Bureau of Indian Standards has been designated as the executive agency for the scheme.
On receipt of application for the award of the Eco Mark, the Bureau of Indian
Standards/Directorate of Marketing & Inspection/Directorate of Plant Protection, Quarantine
and storage organizes and inspection of the manufacturer’s units to make an appraisal of the
control exercised during production and the facilities available for carrying out tests on raw
materials and on the final product. Only after the certifying agency has satisfied itself that the
manufacturer has given a license to affix the Eco Mark on the product. Every license includes
a well-defined scheme for testing and Inspection (STI), which the licensee has to follow
strictly.

Eco Mark and Trade

The UNCTAD adhoc working committee on trade and environment recognised that there is
no positive correlation between the trade and increased environmental standards in developed
countries. However, the committee agreed that the trade of developing countries may become
vulnerable due to the stringent environmental measures of affluent countries. But the
committee suggested that the developing countries can make use of the emerging global
market of ecolabelled products (UNCTAD, 1995). However, developing countries have to
attain international standards in ecolabelling for competing the emerging international market
ofecolabelled products. This will create additional environmental costs and requirement of
skill and technology for such products. In the international trade emphasis should be given on
the mutual recognition of the eco-standards rather than harmonization so that the standards
might not work as a technical barrier to trade. The report of the CTE of WTO at the
Singapore Ministerial meeting in December 1996 emphasized the need to encourage the
expansion of environmental labelling and other environmentally related product information
programmes designed to assist consumers in making informed purchasing decisions (WTO,
1996)

Conclusion

To bring sustainability it must make sense in the business to achieve cleaner production. The
sustainable corporation must transform material and provide materials which people value for
the contribution to the quality of life and their protection of environment. This require cleaner
production, or eco efficiency which include the delivery of competitive priced goods and
services that satisfy consumers needs and bring quality of life while progressively releasing
ecological impacts and resource intensity throughout the lifecycle, to enable atleast in line
with the earth’s estimated capacity. The following conclusions are drawn:

1. It is one of promising tool of economic instruments.

2. The environment label would be an important element in future environment policy.

3. The environment label would prove itself a useful instrument based on cooperation and
self-commitment on the part of industry.

4. The Environment Friendly Scheme would definitely help to solve the pollution in certain
areas.
Eco-label: An Indian Context Introduction In the modern developed technology and
increasing environmental awareness by consumers, the concept of the eco-label helps the
consumers to take decisions about the products which are eco-friendly. It has emerged as one
of the effective communication tools to communicate these actions to the consumers. It
enables consumer to make safe and healthy purchasing decisions based on the information
provided related to environmental characteristics and environmental impacts of eco-labeled
products over its life cycle. So, it is now imperative for manufacturers to gain competitive
advantage in the marketplace and to differentiate their products from others.

 What is Eco-label

Eco-labels are voluntary certification practiced around the world. It is developed by

governments, manufacturers, and third-party organisations independently. Producers and
service providers demonstrate through eco-label that they comply with high standards of
environmental protection during the life-cycle of the product and the provided services.

 Importance of Eco-labels

Eco-labels are important for promotion of international sustainable consumption and

production policy which aims at reducing the negative impact of consumption and production
on the environment, health, climate and natural resources and encouraging corporate social
responsibility and sustainable lifestyles. International trade is defined as a trade which is
‘conducted across borders by a working framework that reconciles various laws, cultures and
business practices.’ Eco-label has gained significance in international trade because the
General Agreement of Trade and Tariff (GATT), executed by 22 nations (including India) in
1948, has insisted upon transparency of the governments involved in the trade agreements
and international trade facilitated by World Trade Organisation (WTO).

 EcoMark Scheme in India

Government of India in 1991 launched its first eco-label scheme, known as ‘Eco-mark’
through the Central Pollution Control Board (CPCB), GoI that follows a cradle-to-grave
approach (from raw material extraction, to manufacturing, and to disposal). It advocates pro-
active and promotional roles of the consumers, the industry, and the government at one
platform to address environmental protection issues and to implement environmental
protection strategy. The EcoMark Scheme of India is very similar to ecolabeling schemes of
other countries. Ecolabel is awarded by most countries on the basis of environmental
considerations, but in India it is also linked with the safety and quality of products. The
products should meet both environmental and quality criteria set by the Bureau of Indian
Standards (BIS). The BIS is responsible for setting quality and safety norms and closely
involved with the implementation of the Ecomark scheme. The programme is run by the
Ministry of Environment of Forests and Climate Change (MoEF&CC), with the technical
advice of the Central Pollution Control Board (CPCB).

 The EcoMark Logo

An earthen pot symbolises the Ecomark scheme that uses a renewable resource like earth,
does not produce hazardous waste and consumes less energy in making. It puts across its
environmental message and the image has the ability to reach people to promote a greater
awareness of the need to be kind to the environment.

 Implementation of EcoMark Scheme

The Central Pollution Control Board has set up the guidelines for the environmentally
friendly products. The products can obtain environmental labelling from the Government of
India if they meet the criterion set by the acts in Indian laws- the Water (Prevention and
Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the
Water (Prevention & Control of Pollution) Cess Act, 1977 and the Environment (Protection)
Act, 1986. The EcoMark is awarded to those consumer goods if they meet the relevant
standards of the Bureau of Indian Standards and specified environmental criteria. The
manufacturers should produce the consent clearance as per the provisions of Indian
environmental laws, product packaging, displays environment friendly criteria in brief, and
has eco-friendly packaging (reusable or recyclable or biodegradable materials). It is not
awarded for the services.

 Product Categories identified in the Ecomark Scheme

The CPCB has identified following product categories: 1. Aerosol Propellants 2. Batteries 3.
Dry Batteries 4. Cosmetics 5. Electrical/Electronic Goods 6. Fire-extinguisher 7. Food
Additives 8. Food Items: Edible Oils, Tea and Coffee 9. Leather 10. Lubricating Oils 11.
Packaging Materials 12. Paints and Powder Coatings 13. Paper 14. Plastic Products 15. Soaps
& Detergents 16. Textiles 17. Wood Substitutes Out of 16 categories following 13 categories
incorporated Ecomark requirements in their BIS standards. It is under process for rest three
categories. 1. Batteries 2. Cosmetics 3. Electrical/Electronic Goods 4. Fire-extinguisher 5.
Food Additives 6. Food Items: Edible Oils, Tea and Coffee 7. Leather 8. Packaging Materials
9. Paints and Powder Coatings 10. Paper 11. Soaps & Detergents 12. Textiles 13. Wood
Substitutes

 Need of creating awareness among industries

The need of effective promotion for creating awareness, incorporating feasible product
criteria, and positive lobbying of industry bodies can improve the visibility of this eco-label
and position it as recognition of Indian efforts towards green products and commitment
towards environmental protection at international level.

 Environmental Impact Assessment (EIA)

o Environmental Components Of EIA

o EIA Process and Procedures

o Steps in Preparation of EIA report

o The Main Participants Of EIA

 Composition of the expert committees for EIA

o Salient Features of 2006 Amendment to EIA Notification

o Benefits of EIA

o Shortcomings of Environmental Impact Assessment

o Recommendations to improve EIA process

Environmental Impact Assessment (EIA)

 Development projects in the past were undertaken without any consideration to their
environmental consequences.

 In view of the colossal damage to the environment, governments and public are now
concerned about the environmental impacts of developmental activities.

 Thus, to assess the environmental impacts, the mechanism of EIA was introduced.
  EIA is a tool to anticipate the likely environmental impacts that may arise out of
the proposed developmental activities and suggest mitigation measures and
strategies.

 EIA was introduced in India in 1978, with respect to river valley projects.

 Later the EIA legislation was enhanced to include other developmental sections.

 EIA comes under Notification on Environmental Impact Assessment (EIA) of

developmental projects 1994 under the provisions of Environment (Protection)
Act, 1986.

 Besides EIA, the Government of India under Environment (Protection) Act

1986 issued a number of other notifications, which are related to environmental
impact assessment.

 EIA is now mandatory for more than 30 categories of projects, and these projects
get Environmental Clearance (EC) only after the EIA requirements are fulfilled.

 Environmental clearance or the ‘go ahead’ signal is granted by the Impact

Assessment Agency in the Ministry of Environment and Forests, Government of
India.

All projects that require clearance from central government can be broadly categorized into
the following:

1. Individual projects that need require clearance from central government,

2. Nuclear power and related projects,

3. River valley projects including hydel power, major irrigation and flood control,

4. Ports, harbours, airports (except minor ports and harbours),

5. Petroleum refineries including crude and product pipelines,

6. Chemical fertilizers and pesticides,

7. Petrochemical complexes and petrochemical intermediates and production of basic

plastics,

8. Bulk drugs and pharmaceuticals,

9. Exploration for oil and gas and their production, transportation and storage,

10. Synthetic rubber,

11. Asbestos and asbestos products,

12. Hydrocyanic acid and its derivatives,

13. Primary metallurgical industries (such as production of iron and steel, aluminium,
copper, zinc, lead, and ferro-alloys),

14. Chlor-alkali industry,

15. Integrated paint complex including manufacture of resins and basic raw materials
required in the manufacture of paints,

16. Viscose staple fibre (biodegradable fibre similar to cotton) and filament yarn,

17. Storage batteries integrated with manufacture of oxides of lead and lead antimony
alloy,

18. All tourism projects between 200m-500 metres of High Water Line and at locations
with an elevation of more than 1000 metres with investment of more than Rs. 5
crores,

19. Thermal power plants,

20. Mining projects (with lease more than 5 hectares),

21. Highway projects except projects relating to improvement work provided it does not
pass through ecologically sensitive areas such as National Parks, Sanctuaries, Tiger
Reserves, Reserve Forests,

22. Tarred roads in the Himalayas and forest areas,

23. Distilleries,

24. Raw skins and hide,

25. Pulp, paper and newsprint, dyes,

26. Cement,

27. Electroplating,
 28. Meta aminophenol, etc.

The important aspects of EIA are

 risk assessment,

 environmental management and

 post product monitoring.

EIA is to

 serve as a primary environmental tool with clear provisions.

 apply consistently to all proposals with potential environmental impacts.

 use scientific practice and suggest strategies for mitigation.

 address all possible factors such as short term, long term, small scale and large scale
effects.

 consider sustainable aspects such as capacity for assimilation, carrying

capacity, biodiversity protection.

 lay down a flexible approach for public involvement.

 have in built mechanism of follow up and feedback.

 include mechanisms for monitoring, auditing and evaluation.

Environmental Components Of EIA

 The EIA process looks into the following components of the environment.

Air environment

 Quality of ambient air present and predicted.

 Meteorological data: Wind speed, direction, humidity etc.

 Quantity of emission likely from project.

 Impact of the emission on the area.

 Pollution control desires/air quality standards.

Noise

 Levels of noise present and predicted

 Strategies for reducing noise pollution.

Water environment

 Existing ground and surface water resources, their quality and quantity within the
zone.

 Impact of proposed project on water resources.

Biological environment

 Flora and fauna in impact zone.

 Potential damage (likely) due to project, due to effluents, emissions and landscaping.

 Biological stress (prediction).

Land environment

 Study of soil characteristics, land use, and drainage pattern, and the likely adverse
impact of the project.

 Impact on historical monuments and heritage site.

EIA Process and Procedures

Steps in EIA process

 EIA involves the steps mentioned below. However, EIA process is cyclical with
interaction between the various steps.

 Screening: The project plan is screened for scale of investment, location and type of
development and if the project needs statutory clearance.

 Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and

need for monitoring.

 Collection of baseline data: Baseline data is the environmental status of study area.

  Impact prediction: Positive and negative, reversible and irreversible and temporary
and permanent impacts need to be predicted which presupposes a good understanding
of the project by the assessment agency.

 Mitigation measures and EIA report: The EIA report should include the actions
and steps for preventing, minimizing or by passing the impacts or else the level of
compensation for probable environmental damage or loss.

 Public hearing: On completion of the EIA report, public and environmental groups
living close to project site may be informed and consulted.

 Decision making: Impact Assessment Authority along with the experts consult the
project-in-charge along with consultant to take the final decision, keeping in mind
EIA and EMP (Environment Management Plan).

 Monitoring and implementation of environmental management plan: The various

phases of implementation of the project are monitored.

 Assessment of Alternatives, Delineation of Mitigation Measures and

Environmental Impact Assessment Report: For every project, possible
alternatives should be identified, and environmental attributes compared. Alternatives
should cover both project location and process technologies.

 Once alternatives have been reviewed, a mitigation plan should be drawn up for the
selected option and is supplemented with an Environmental Management Plan (EMP)
to guide the proponent towards environmental improvements.

 Risk assessment: Inventory analysis and hazard probability and index also form part
of EIA procedures.

Steps in Preparation of EIA report

 Collection of baseline data from primary and secondary sources;

 Prediction of impacts based on past experience and mathematical modelling;

 Evolution of impacts versus evaluation of net cost benefit;

 Preparation of environmental management plans to reduce the impacts to the

minimum;
  Quantitative estimation of financial cost of monitoring plan and the mitigation
measures.

Environment Management Plan

 Delineation of mitigation measures including prevention and control for each

environmental component and rehabilitation and resettlement plan.

Environmental Appraisal

 An Appraisal Committee constituted by the Ministry of Environment and

Forests will first scrutinized a project based on the data presented by the project
authorities.

 If necessary, the MoEF may also hold consultations with the investors and experts on
specific issues as and when necessary.

 After considering all the facets of a projects, environmental clearance is accorded

subject to implementation of the stipulated environmental safeguards.

 In case of projects where the project proponents have submitted complete

information, a decision is taken within 90 days.

 The six regional offices of the Ministry functioning at Shillong, Bhubaneshwar,

Chandigarh, Bangalore, Lucknow and Bhopal undertake monitoring of cleared
projects.

EIA of Coasts

 Coastal Zone Management Plans (CZMPs) are prepared by coastal states or Union

Territories as per rules set by CRZ notification 1991.

 CZMPs are prepared based on identification and categorization of coastal areas for
different activities and then submitted to the MoEF for approval.

 The ministry then forms a task force for examining their plans.

Single window clearance

 Environmental clearance + Forestry clearance.

  When a project requires both environmental clearance as well as approval under
the Forest (Conservation) Act, 1980, proposals for both are required to be given
simultaneously to the concerned divisions of the Ministry.

 The processing is done simultaneously for clearance or rejection.

 If the project does not involve diversion of forestland, the case is processed only for
environmental clearance.

The Main Participants Of EIA

 EIA applies to public and private sections. The six main players are:

 Those who propose the project

 The environmental consultant who prepare EIA on behalf of project proponent.

 Pollution Control Board (State or National).

 Public has the right to express their opinion.

 The Impact Assessment Agency.

 Regional centre of the Ministry of Environment and Forest.

Composition of the expert committees for EIA

The Committees will consist of experts in the following disciplines:

 Eco-system management

 Air/water pollution control

 Water resource management

 Flora/fauna conservation and management

 Land use planning

 Social Sciences/Rehabilitation

 Project appraisal

 Ecology
  Environmental Health

 Subject Area Specialists

 Representatives of NGOs/persons concerned with environmental issues

 The Chairman will be an outstanding and experienced ecologist or environmentalist

or technical professional with wide managerial experience in the relevant
development.

 The representative of Impact Assessment Agency will act as a Member-Secretary.

 Chairman and members will serve in their individual capacities except those
specifically nominated as representatives.

 The membership of a committee shall not exceed 15 members.

Salient Features of 2006 Amendment to EIA Notification

 Environment Impact Assessment Notification of 2006 has decentralized the

environmental clearance projects by categorizing the developmental projects in two
categories, i.e., Category A (national level appraisal) and Category B (state level
appraisal).

 ‘Category A’ projects are appraised at national level by Impact Assessment Agency

(IAA) and the Expert Appraisal Committee (EAC) and Category B projects are
apprised at state level.

 State Level Environment Impact Assessment Authority (SEIAA) and State Level
Expert Appraisal Committee (SEAC) are constituted to provide clearance to Category
B process.

After 2006 Amendment the EIA cycle comprises of four stages

1. Screening

2. Scoping

3. Public hearing

4. Appraisal
 5. Category A projects require mandatory environmental clearance and thus they do not
undergo the screening process.

6. Category B projects undergoes screening process and they are classified into two
types.

7. Category B, projects (Mandatorily requires EIA).

8. Category B2 projects (Do not require EIA).

9. Thus, Category A projects and Category B, projects undergo the complete EIA
process whereas Category B2 projects are excluded from complete EIA process.

Benefits of EIA

 EIA links environment with development for environmentally safe and

sustainable development.

 EIA provides a cost effective method to eliminate or minimize the adverse impact of
developmental projects.

 EIA enables the decision makers to analyse the effect of developmental activities on
the environment well before the developmental project is implemented.

 EIA encourages the adaptation of mitigation strategies in the developmental plan.

 EIA makes sure that the developmental plan is environmentally sound and within
limits of the capacity of assimilation and regeneration of the ecosystem.

Shortcomings of Environmental Impact Assessment

Applicability

 There are several projects with significant environmental impacts that are exempted
from the notification either because they are not listed in schedule I, or their
investments are less than what is provided for in the notification.

Composition of expert committees and standards

 It is being found that the team formed for conducting EIA studies is lacking the
expertise in various fields such as environmentalists, wild life experts,
Anthropologists and Social Scientists (to study the social impact of the project).
Public hearing

 Public comments are not considered at the early stage, which often leads to conflict at
the later stage of project clearance.

 A number of projects with significant environmental and social impacts have been
excluded from the mandatory public hearing process.

 The documents which the public are entitled to are seldom available on time.

 The data collectors do not pay respect to the indigenous knowledge of local people.

Quality of EIA

 One of the biggest concerns with the environmental clearance process is related to the
quality of EIA report that are being carried out.

 The reports are generally incomplete and provided with false data.

 Many EIA reports are based on single season data.

 The EIA document in itself is so bulky and technical, which makes it very difficult to
decipher so as to aid in the decision making process.

Lack of Credibility

 It is the responsibility of the project proponent to commission the preparation of the

EIA for its project.

 The EIA is actually funded by an agency or individual whose primary interest is to

procure clearance for the project proposed.

 There is little chance that the final assessment presented is un biased, even if the
consultant may provide an unbiased assessment that is critical of the proposed project.

 There are so many cases of fraudulent EIA studies where erroneous data has been
used, same facts used for two totally different places etc.

 There is no accreditation of EIA consultants, therefore any such consultant with a

track record of fraudulent cases cannot be held liable for discrepancies.

 It is hard to imagine any consultant after being paid lakh of rupees, preparing a report
for the project proponents, indicating that the project is not viable.
Case Study

 The MoEF constituted the Western Ghats Experts Ecology Panel (WGEEP) in

2010 under the Chairmanship of Prof. Madhav Gadgil.

 The Panel submitted its report in 2011 but it was not made public immediately due to
its stringent assessment of the condition of Western Ghats.

 The report suggested many radical changes that needs to be brought to conserve
Western Ghats.

 The recommendation if implemented would adversely affect mining mafia, sand

mafia and local encroachers.

 Under pressure from various stakeholders, MoEF set up the High Level Working
Group (HLWG) under the Chairmanship of Dr. K. Kasturirangan to study
recommendations of WGEEP.

 The HLWG had diluted many recommendations of WGEEP to satisfy the interests of
various mafia.

Monitoring, compliance and institutional arrangements

 Often, and more so for strategic industries such as nuclear energy projected, the EMPs
are kept confidential for political and administrative reasons.

 Details regarding the effectiveness and implementation of mitigation measures are

often not provided.

 Emergency preparedness plans are not discussed in sufficient details and the
information not disseminated to the communities.

Q. ‘Gadgil Committee Report’ and ‘Kasturirangan Committee Report’, sometimes seen

in the news, are related to (2016)

1. constitutional reforms

2. Ganga Action Plan

3. linking of rivers

4. protection of Western Ghats

Recommendations to improve EIA process

Independent EIA Authority.

 Sector wide EIAs needed.

 Creation of a centralized baseline data bank.

 Dissemination of all information related to projects from notification to clearance to

local communities and general public.

Applicability

 All those projects where there is likely to be a significant alternation of ecosystems

need to go through the process of environmental clearance, without exception.

 No industrial developmental activity should be permitted in ecologically sensitive

areas.

Public hearing

 Public hearings should be applicable to all hitherto exempt categories of projects

which have environmental impacts.

Quality

 The focus of EIA needs to shift from utilization and exploitation of natural resources
to conservation of natural resources.

 At present EIA reports are extremely weak when it comes to assessment of biological
diversity of a project area and the consequent impacts on it. This gap needs to be
plugged.

 All EIA reports should clearly state what are the adverse impacts that a proposed
project will have. This should be a separate chapter and not hidden within technical
details.

 It is critical that the preparation of an EIA is completely independent of the project

proponent.

Grant of clearance
  The notification needs to make it clear that the provision for site clearance does not
imply any commitment on the part of the impact Assessment agency to grant full
environmental clearance.

Composition of expert committees

 The present executive committees should be replaced by expert’s people from various
stakeholder groups, who are reputed in environmental and other relevant fields.

Monitoring, compliance and institutional arrangements

 The EIA notification needs to build within it an automatic withdrawal of clearance if

the conditions of clearance are being violated and introduce more stringent
punishment for noncompliance. At present the EIA notification limits itself to the
stage when environmental clearance is granted.

Redressal

 The composition of the NGT needs to be changed to include more judicials from the
field of environment.

 Citizen should be able to access the authority for redressal of all violation of the EIA
notification as well as issues relating to non-compliance.

Capacity building

 NGOs, civil society groups and local communities need to build their capacities to use
the EIA notification towards better decision making on projects.