Environmental Impact Assessment

blog.forumias.com/eia/

List of Contents

What is Environmental Impact Assessment (EIA)?

As per United Nations Environment Programme (UNEP),

Environmental Impact Assessment (EIA) is a tool used to identify the environmental,

social and economic impacts of a project prior to decision-making. It aims to predict
environmental impacts at an early stage in project planning and design, find ways and
means to reduce adverse impacts, shape projects to suit the local environment and
present the predictions and options to decision-makers.

Food and Agricultural Organization (FAO) defines it as,

a formal process to predict the environmental consequences of human development

activities and to plan appropriate measures to eliminate or reduce adverse effects and to
augment positive effects.

Thus, Environmental Impact Assessment (EIA) is an integral part of Environmental

Management. It investigates likely impacts, both positive and negative, of
development projects on the surrounding environment.
Simply put, EIA is a detailed study regarding the impacts of any project on the
environment. It serves as a decision-making tool which helps policy makers
approve, reject or find an alternative to a project

In India, Environment Impact Assessment (EIA) is notified under the Environment

(Protection) Act 1986.

1/15
Evolution of EIA 
The origin of EIA lies in the enactment of the National Environmental Policy
Act(NEPA) in the year 1969 in the USA. It not only introduced the concept of
environmental impact assessment but also made it necessary for federal agencies
to evaluate impact of environmental decisions.
Environment Impact Assessment gained popularity after the introduction of the
concept of sustainable developmentvia World Commission on Environment 1987
& United Nations Conference on Environment and Development (Rio Summit)
in 1992. It led to adoption of EIA in many countries as well. Principle 17 of the Rio
Summit states that,
Environmental impact assessment (EIA), as a national instrument, 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 a competent national
authority. [Given just for your info. No need to remember this type of complex
language.Instead, you can mention that EIA is
mentioned explicitly under Principle 17 of the Rio declaration of 1992].
In 1976-77, EIA was started in India, when the Department of Science
and Technology was asked by Planning Commission to examine the river-valley
projects from the environmental angle.
Eventually n 1994, EIA was made mandatory in India under the Environmental
(Protection) Act, 1986. Until then, environmental clearance from the Central
Government was an administrative decision and had no legislative backing.
Since then, EIA has been amended several times. The
most significant amendment was made in 2006

EIA Process

Environment Impact Assessment (EIA) process can vary depending on a country’s

policy and requirement. However, EIA process in most countries, including India, have the
following steps:

1. Screening
2. Scoping
3. Collection of baseline data
4. Impact Prediction
5. Assessment of alternatives, mitigation measures & Environmental, Impact
Assessment Report
6. Public Hearing
7. Decision Making
8. Monitoring the clearance conditions

Screening: This is the first step in the EIA process. At this stage it is decided whether the
proposed project needs an EIA and if so to what detail. Screening criteria are based
upon:

2/15
 Scales of investment
Type of development
Location of development

Scoping: It is the most significant step in the entire EIA process as key environmental
issues involved are identified at this stage.

Scoping has to be done by consultants in consultation with the project proponent

and guidance, if needed, from Impact Assessment Agency
The Ministry of Environment and Forests has published sector-wise guidelines
which outline the significant issues which have to be addressed while conducting
the EIA studies.
At the end of scoping, detailed terms of reference (TOR) are prepared of EIA.
TOR is a written document containing written requirements governing EIA
implementation, consultations to be held, data to be gathered, methodology to be
used etc

Collection of baseline data: It describes the existing environmental status of the

identified study area. The site-specific primary data is monitored and supplemented with
secondary data

3/15
Impact prediction: Under this, possible effects on the physical, biological, social and
economic conditions are taken into consideration and measures are suggested to
prevent, reduce or compensate for the impacts.

For example:

Impact of biological diversity in an area ex. EIA done by Gadgil panel on the
western ghats regions.
Impact on habitat because of deforestation and pollution- Impact on Himalayan
ecosystem when hydropower projects are opened.
Impact on endangered animals and migratory paths. For ex Great India hornbill’s
trail in India is evaluated so as to see that such developmental project is not
affecting its pathway.
The predictions of impact can never be absolute and certain and thus there is a
need to comprehensively consider all factors and take all possible precautions for
reducing the degree of uncertainty.

Assessment of alternatives, mitigation measures & Environmental Impact

Assessment Report: Identification of alternatives and their comparison: For every
project, possible alternatives are to be identified and environmental impacts and benefits
to be compared.

Alternatives should then be ranked for selection of the best environmental option for
optimum economic benefits to the community at large.
Environment Management Plan (EMP): Once alternatives have been reviewed,
an impact mitigation plan is drawn up for the selected option and is supplemented
with an Environmental Management Plan (EMP) to guide the proponent towards
environmental improvements. EMP is a crucial input to monitoring the clearance
conditions and therefore details of monitoring should be included in it.
EMP is a site-specific plan developed to ensure that the project is implemented in an
environmentally sustainable manner where all contractors and subcontractors,
including consultants understand the potential environmental risks arising from the
project and take appropriate actions to properly manage that risk.
An Environmental Impact Assessment (EIA) Report prepared at this stage should
provide clear information to the decision maker on the different environmental
scenarios without the project, with the project and with project alternatives.

Public Hearing: Public must be informed and consulted on a proposed development

after the completion of EIA report

Gram Sabha must be consulted before the project starts. Gram Sabha means the
electorate (people eligible to vote) of the region

Decision-making: It involves consultations between the project proponent (assisted by a

consultant) and the impact assessment authority (assisted by an expert group if
necessary). Final decision regarding the project is taken, keeping in mind EIA and EMP
(Environment Management Plan).

4/15
Monitoring: Monitoring should be done during both construction and operation phases of
a project. This is not only to ensure that the commitments made are complied with but
also to observe whether the predictions made in the EIA reports were correct or not.

Where the impacts exceed the predicted levels, corrective action should be taken.
Monitoring enables the regulatory agency to review the validity of predictions and
the conditions of implementation of the Environmental Management Plan (EMP).

Objective of EIA
To bring out a national policy to encourage productive and enjoyable harmony
between man and environment.
To promote efforts to prevent or eliminate damage to the environment.
To increase understanding of ecological systems and natural resources important to
the nation

Why we need Environmental Impact Assessment (EIA)? /

Significance of EIA / Benefits of EIA
Facilitates sustainable development: In present times anthropogenic activities
like rapid industrialization, mass production and clearing of forests have created
immense pressure on the natural environment. Tools like EIA help in balancing the
need for economic growth with equally important concept of sustainability.
Mitigating negative impacts & informed decision-making– Environmental
Impact Assessment (EIA) helps in minimizing the negative impact of various
development projects. It enables monitoring programmes to be established to
assess future impacts and provide data on which managers can take informed
decisions to avoid environmental damage.
Aids cost-effectiveness– EIA helps in selection and design of projects,
programmes or plans with long term viability and therefore improves cost
effectiveness.
Advance assessments also helps avoid future losses that may be incurred if the
project is found environmentally unacceptable at a later stage. Cost of adaptation
when a project is already running is usually more.

Thus, EIA as a tool aims to minimize the environmental impacts emanating out of any
economic activity that have the potential to cause environmental degradation.

5/15
Rapid EIA vs Comprehensive EIA
The difference is in the time scale of the data supplied. But both types require complete
coverage of all EIA procedures

Rapid EIA: Under Rapid EIA data supplied is of only one season(other than
monsoon) to reduce the time required. Rapid EIA is for speedier appraisal process.
Comprehensive EIA: It collects data from all four seasons.Rapid EIA is
acceptable if it does not compromise upon the quality of decision making. The
review of Rapid EIA submissions will show whether a comprehensive EIA is
warranted or not. Therefore, submission of comprehensive EIA in the first stance
would generally be more efficient approach. Comprehensive EIA includes appraisal
of those projects whose analysis in not to be done soon, here time is not the
essential factor but the quality of the appraisal is.

EIA notifications
Central govt has the power to issue EIA notifications under Section 3 of the
Environment Protection Act, 1986, wherein it can impose restrictions on setting up new
projects or expansion or modernisation of existing projects. The section stipulates that
such measures must benefit the environment.

Under the Environment (Protection) Act of 1986, first EIA notification was issued in 1994.
Later, it was replaced by a modified draft in 2006

Salient Features of EIA rules Amendment done in 2006 

6/15
 Environmental Impact Assessment Notification 2006 decentralized the
environmental clearance projects by categorizing the developmental projects in two
categories i.e., Category Aand Category B

After 2006 Amendment, EIA comprises of four cycles:

Screening
Scoping
Public Hearing
Appraisal
State Level Environment Impact Assessment Authority (SEIAA) and State Level
Expert Appraisal Committee (SEAC) are constituted to provide clearance to
category B projects.
Category A Projects require mandatory environmental clearance. Screening
process is not required.
Category B projects undergo screening process. They are classified in two types:
Category B1 Projects: Mandatorily require EIA
Category B2 Projects: Do not require EIA

Thus,

Category Aprojects and category B1 projects undergo the complete EIA process

Category B2projects are excluded from complete EIA process

This 2006 EIA notification has undergone several amendments over last 14 years. A new
draft EIA Notification 2020 has been floated by the govt. It is meant to incorporate the
amendments and court orders issued since 2006.

Major Provisions of draft EIA notification 2020

Public Consultation 

7/15
 Period of public consultation hearings is proposed to be reduced to a maximum of
40 days.
Time provided for the public to submit their responses is proposed to be reduced
from present 30 to 20 days.
Rationale by the govt: the shorter window was “in tune with the times”, given the
growth of internet and mobile telephony.
Concern: Several environmental activists and organisations have instead argued
that even the 30-day timeframe was inadequate as information failed to reach the
stakeholders residing in remote and inaccessible terrains
More discretionary powers to government
Central government can declare “economically sensitive areas” without public
hearing or environmental clearance
Government also gets to decide which projects are to be considered “strategic”.
Post-facto clearance: Legalisation of projects that have commenced operations
without obtaining necessary clearances; subject to a payment of penalty.

Supreme court’s view on post–facto clearance –

In a judgment in early 2020, in the case of Alembic Pharmaceuticals Ltd vs Rohit

Prajapati,the Supreme Court by also referring to Common Cause vs. Union of India
judgment, struck down and condemned ex-post facto environmental clearance (a
concept which the new draft EIA proposes to regularise).
In 2013, the Hon’ble Supreme Court in the case of Association for Environmental
Protection vs State of Kerala, held that commencement of projects without obtaining
prior EC (environmental clearance) is a violation of the fundamental right to
lifeguaranteed under Article 21 of the Constitution

Post-clearance compliance: Post-clearance compliance 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 in order to ensure that
no further environmental damages take place.
The new draft EIA, contrary to the 2006 notification — which required submission of
the compliance report every six months, proposes annual reports. 
Concern: Environmental experts are of the view that allowing a longer period for
filling the compliance report will give an opportunity to project proponents to hide
disastrous consequences, which could go unnoticed

Exemption clause: It identifies a long list of projects like roads and pipelines in
border areas which have been exempted from public consultation and prior
clearance.
Concern: Analysts note that by this provision, the government shall have discretion
to designate any project as being of strategic importance. Activists in states with
crucial resources like uranium, as in Meghalaya, have also opposed this provision

Baseline Data: Does away with the need to carry out studies covering all seasons
in a year

8/15
In the 2019 ‘Ease of Doing Business’ report by the World Bank, India rose steadily from
142nd ranking in 2014 to 63rd ranking in 2019. India, however, has steadily declined on
Environment Performance Index, from 141st rank in 2016 to 168th rank out of 180
countries in 2020.

The government has assured that it will strive to strike a balance between the
environmental and developmental concerns. As and when the EIA is finalised, it is
expected to incorporate the perspectives of multiple stakeholders in a balanced manner.

Critical analysis: –

Shortcomings of the Environment Impact Assessment (EIA) process

Applicability: There are several projects with environmental impacts that are exempted
from the notifications. Ex. Low scale sand mining

Inadequate capacity of EIA approval authorities: Lack of technical and environmental

experts, anthropologists and social scientists among the members and involvement of
crony capitalism and nexus between corporates and politicians leads to faulty decision
making, where projects which severe harm the environment may also get approved.

Deficiencies in screening, scoping and impact analysis: There are no independent

bodies and no standardized formats for project evaluation.

Absence of standardized baseline data brings arbitrariness in impact prediction.

It is allegedly done by those people which are on the payroll of company which
creates a conflict of interest. They intentionally exclude negative impact on forests/
environment and impact on tribes during the scoping process

Poor quality EIA reports: EIA is presently used as a project justification tool rather than
as a project planning tool to contribute to achieving sustainable
development. Involvement of planning for future activities should also be focused upon
along with the justification of the project itself.

EIA is not just a tool to describe YES or NO regarding a project but also about how
the harm, if any, to the environment can be minimized, so as to be pollution-neutral
and environmentally sustainable.

Initiated at a later stage: Another flaw in the EIA process in India is that it is undertaken
at a much later stage, especially after the project has been designed, approved and
almost ready for construction. Thus, by the time EIA starts huge costs are incurred and
the project becomes too big to fall.

Inadequate public participation: In many countries like Nepal, Argentina and Australia,
public involvement is mandatory at various stages of the EIA process (i.e., screening,
scoping, report preparation and decision making), but in India public consultation occurs

9/15
only once during the entire process. According to the EIA notification 2006, this public
consultation is performed in two ways.

First, written comments are sought on draft EIA report from stakeholders
Second, public hearing is conducted at or near the proposed project site.

Drawbacks of this system:

Public consultation is done after the preparation of draft EIA reportand when it

is ready for final submission to the expert committee.
Also, the notification issued for public hearing are not published in local
vernacular languagesthus keeping it out of the scope of understanding of locals.

Weak monitoring: Monitoring is not done through an independent agency. Environment

management plans of strategic industries like nuclear energy are not put into the public
domain.

How can we strengthen the EIA process?

Independent Agency: Entire EIA process right from screening to monitoring should be
done by independent agencies and establishing a National Accreditation Body for
agencies carrying out EIA.

Creation of centralized baseline data bank

Applying Precautionary Principle: This principle states that if there is a threat of serious

damage (in this case, to the environment) from a particular action then a lack of scientific
certainty should not be used to avoid taking steps to prevent that damage. Hence, the list
of concerns raised by the public should be studied in detail to arrive at any conclusion.
Ex. GM crops.

Clearances given to project that is not clearly justified becomes questionable as

happened in Sethusamudram Project

Strategic Environment Assessment (SEA): It helps in choosing a project and not just
evaluate it. It offers alternatives and guides project financing. The directives of SEA are
reflected in the National Environment Policy 2006. Similarly, Nepal also carries out SEA’s.

A Strategic Environmental Assessment (SEA) is a systematic process for evaluating

the environmental implications of a proposed policy, planor programme

Robust and Inclusive public hearing: A key role for local people through Panchayats
and Urban Local Bodies (ULBs) at every stage. Special focus on forests and tribal. The
traditional knowledge of locals needs to be incorporated.

Transparency: Greater transparency in the clearance process and dissemination of all

documents for public scrutiny.

10/15
Capacity Building: NGO’s, civil society groups and local communities need to build their
capacities to use the EIA notification towards better decision-making on projects that can
impact their local environments and livelihoods. Capacities can be built to proactively and
effectively use the notification rather than respond in a manner that is seen as negative or
unproductive.

Way forward
In a world that is challenged by environmental degradation and social conflicts, scholars
have upheld public and local participation to be a “threshold condition” for development.
EIA provides this necessary element in the economic development process. Therefore,
EIA-based approvals for most projects should mandatorily and necessarily involve the
process of conducting public hearings so that the views and opinions of people who are
likely to be affected can be taken on board before a decision to approve the project is
made so as to reduce future scope of resentment.

Sharing is Caring:

11/15
Facebook0

12/15
WhatsApp0

13/15
Evernote0

14/15
More

15/15