Climate Change

By
Dr. Abhijat Arun Abhyankar
Senior Associate Professor, NICMAR
 Facts about climate change
• If everyone in the world lived the way people do in the U.S., it
would take five Earths to provide enough resources for everyone
• 2014 was the world’s hottest year on record
• Average global sea level is expected to rise 7–23 inches before
the end of this century
• More than a million species face potential extinction as a result of
disappearing habitats, changing ecosystems, and acidifying
oceans
• The Arctic region may have its first completely ice-free summer
by 2040
• 99.84% of the land in the state of California is suffering from
drought
• From 1979 to 2003, excessive heat exposure contributed to more
than 8,000 premature deaths in the United States
 Facts about Climate Change (contd.)
Approximately 600,000 deaths occurred worldwide as a result of weather-related natural
disasters in the 1990s, where 95 percent of those deaths took place in developing countries
There is more carbon dioxide in the atmosphere today than at any point in the past 800,000
years, and the U.S. produces 25 percent of the carbon dioxide pollution from fossil-fuel
burning.
The Montana Glacier National Park has only 25 glaciers left from the 150 that were there in
the year 1910
Global warming is associated with hotter temperatures, but it can also cause the opposite. "On
one side, [the] Amazon Rainforest is turning into [a] desert
Melting ice caps have caused sea levels in the north to rise. For the first time in hundreds of
years, ships can pass through the fabled Northwest Passage above North America.
Over 100 million people living in coastal regions will be displaced by just a one-yard rise in
sea levels
The golden toad was the first species to go extinct because of climate change and habitat loss
Among climate scientists, 97 percent agree that human-caused climate change is happening
here and now. The sooner we act to slow the rate of climate change, the lower the risk and
cost for future generations.
Cows produce more methane than the oil industry does: 20 percent of U.S. methane gas
emissions is produced by farmed cattle burps and farts.
 Facts about Climate Change (contd.)
Of the land in California, 99.84 percent is experiencing drought
The world lost about 16 percent of all coral reefs in 1998, the second hottest year
on record
While the U.S. is trying to reduce their greenhouse gases, China plans to construct
one coal-based electrical power station each week for the next 10 years
Coal combustion creates 40 percent of electricity worldwide but also
is responsible for "30 percent of total anthropogenic carbon dioxide (CO2)
emissions worldwide, and 72 percent of CO2 emissions from global power
generation," making renewable energy sources like wind or solar more cost-
effective in the long run.
Since the beginning of the Industrial Revolution, the acidity of surface ocean
waters has increased by about 30 percent.
In 1896, Swedish scientist Svante Arrhenius was the first to say that burning fossil
fuels may eventually result in global warming.
Climate change costs the U.S. over $100 billion each year.
Thirty-seven percent of Americans believe that global warming is a hoax, and 64
percent don't believe that climate change will seriously affect their way of life.
 Climate Change - It’s A Fact !
• “There is new and stronger evidence that most of the
warming observed over the last 50 years is attributable to
human activity”.
• There is emerging evidence that some social and economic
systems have been affected by the recent increasing
frequency of floods and droughts in some areas.
• Available observational evidence indicates that regional
changes in climate, particularly increases in temperature,
have already affected a diverse set of physical and
biological systems in many parts of the world.
• An increase of the global temperature by 1.4 - 5.8°C
relative to 1990 levels within 2100 is expected.

Source: IPCC’s Third Assessment Report (TAR)

 Natural Greenhouse Effect

• Greenhouse effect is natural

– Without it, average temperature
would be about -18°C.
– “natural” greenhouse effect enables
life on earth with
average temperature is about 15°C.
• The natural greenhouse gases are:
– Oxygen
– Ozone
– Carbon dioxide
– Water vapour
 Man-made Greenhouse Effect
• Changes to the natural greenhouse
effect are a result of man-made
emissions of Greenhouse Gases
(GHG):
– Carbon dioxide
– Methane
– Nitrous oxide (N2O)
– Hydro- & Perfluorocarbons
– Sulphurhexafluoride (SF6)

Source: IPCC
 Greenhouse Gases: Carbon dioxide (CO2)
• The main source of CO2 emissions is the
burning of fossil fuels:
– heating
– power generation
– transportation
• Deforestation
• CO2 has the largest impact on the greenhouse effect
 Greenhouse Gases: Methane

• Methane is formed when organic matter

decomposes in the absence of oxygen:
– wetlands
– rice-plantations
– landfills
• Emitted during extraction and transport of
natural gas
 Greenhouse Gases: Others

• Nitrous oxide (N2O), Laughing gas

– is formed when bacteria transform nitrate from
fertilisers
• Hydro- & Perfluorocarbons
– used as cooling agents or for cleaning
– known for ozone layer depletion
• Sulphur hexafluoride (SF6)
– used as insulators in electric circuit breakers
– isolation gas (tennisball, sportshoes, windows)
Atmospheric Carbon Dioxide
Regional and local factors will influence future relative sea level rise for specific
coastlines around the world. For example, relative sea level rise depends on land
elevation changes that occur as a result of subsidence (sinking) or uplift (rising).
Assuming that these historical geological forces continue, a 2-foot rise in global sea
level by 2100 would result in the following relative sea level rise

2.3 feet at New York City

2.9 feet at Hampton Roads, Virginia
3.5 feet at Galveston, Texas
1 foot at Neah Bay in Washington state

Relative sea level rise also depends on local changes in currents, winds, salinity,
and water temperatures, as well as proximity to thinning ice sheets.
India is a large developing country with nearly 700 million rural
population directly depended on climate sensitive sectors
(agriculture, forests and fisheries) and natural resources (such as
water, biodiversity, mangroves, coastal zones, grasslands) for their
subsistence and livelihoods. Climate change is likely to impact all
the natural ecosystems as well as socio-economic systems as per
the National Communications Report of India to the UNFCCC.
 Kyoto Protocol
Kyoto protocol is an international agreement under the UNFCCC with legally binding targets for 37
industrialized countries to reduce and limit their GHG emissions by 5.2 % below of their emissions on
1990 level.

IPCC report showed Climate Change a serious threat to human health and Environment in early 1990
1992-Landmark event for Environmental Cause, 180 countries present, Held at Rio De Janeiro, Brazil.
This is part of UN treaty.

It was decided that every year COP (conference of Parties) meeting

Voluntary emission reduction

Certified Emission Reduction (CER)-Value of 1 CER-9 to 14 Euro (till July 2011)

CER pricing is market driven and dependent on the European market. European countries have around
80% share in CER trading and hence any market based crisis in this region affects the price of the CER.
For the past one and a half year, the price of carbon credits has dropped considerably.

All countries in two categories

Annexe 1: Developed Countries (reduction in carbon emissions)
Annexe 2 : Non developed Countries
 Kyoto Protocol

• Adopted at the Third Conference of Parties (COP3),

United Nations Framework Convention on Climate Change
(UNFCCC) , held in Kyoto, Dec. 1997
• International treaty containing legally binding constraints on
greenhouse gas （ GHG) emissions.
(CO2, CH4, N2O, HFCs, PFCs, SF6)
• Industrialized Countries (Annex I Parties) agreed to limit their
GHG emissions, -5% from 1990 levels by 2008-2012.
• 3 flexible mechanism (Kyoto mechanism)
– Emissions trading
– Joint Implementation (JI)
– Clean Development Mechanism (CDM)
1st COP- 1995 meeting was held during the year -Berlin
2nd COP- 1996-Geneva
3rd COP- 1997-Kyoto Protocol. UNFCCC adopted after intense
negotiation. 37 industrial nations are required to bring carbon
emission below 1990 level
8th COP- New Delhi
15th COP- 2009, Copenhagen
21st COP November –December 2015

Ratification by 55 States to the Convention, incorporating States included in

Annex I which accounted in total for at least 55 per cent of the total carbon dioxide
emissions for 1990 of the Parties included in Annex I

Russia ratified Kyoto on November 5, 2004-Kyoto came in force

Australia ratified the Kyoto Protocol on December 3, 2007

The Protocol was initially adopted on 11 December 1997 in Kyoto, Japan, and
entered into force on 16 February 2005. As of September 2011, 191 states have
signed and ratified the protocol. The only remaining signatory not to have ratified
the protocol is the United States. Other United Nations member states which did
not ratify the protocol are Afghanistan, Andorra and South Sudan.
‘The purpose of the clean development mechanism shall be to assist Parties not
included in Annex I in achieving sustainable development and in contributing
to the ultimate objective of the Convention, and to assist Parties included in
Annex I in achieving compliance with their quantified emission limitation and
reduction commitments under Article 3’
 Emission reduction targets
 Targets of Annex I Parties
EU Reduction Emission Countries transiting Reduction Emission Other Reduction Emission
target share to market economy target share countries target share
Austria -21% 0.4% Bulgaria -8% 0.9% Australia 8% 2.3%
Belgium -7.5% 0.8% Croatia -5% Canada -6% 3.3%
Denmark -21% 0.4% Czech -8% 1.1% Iceland 10% 0.0%
Finland 0% 0.4% Estonia -8% 0.2% Japan -6% 6.8%
France 0% 3.1% Hungary -6% 0.6% Liechtenstein -8% 0.0%
Germany -21% 6.7% Latvia -8% 0.2% Monaco -8% 0.0%
Greece 25% 0.6% Lithuania -8% 0.3% New Zealand 0% 0.4%
Ireland 13% 0.3% Poland -6% 3.1% Norway 1% 0.3%
Italy -6.5% 2.9% Romania -8% 1.5% Switzerland -8% 0.3%
Luxemburg -28% 0.1% Russia 0% 16.6% US -7% 33.6%
Netherlands -6% 1.2% Slovakia -8% 0.4%
Portugal 27% 0.4% Slovenia -8% 0.1%
Spain 15% 1.6% Ukraine 0% 5.0%
Sweden 4% 0.4%
UK -12.5% 4.1%
EU total -8% 23.1%

• Developing countries (non-Annex I) have no targets

 Clean Development Mechanism (CDM)

• Help Annex 1 countries comply with their emission reduction

commitments
• Contribute to the ultimate goal of the convention i.e.,
stabilization of GHG concentrations in the atmosphere
• Assist non-Annex 1 countries in achieving sustainable
development

Transfer to Investing country (Annex I)

Host country investing country

CER
CO2 emission

Distribute to Assigned amount

host country

Fund, technology, etc.

Before project After project CER: Certified Emission Reduction
 Clean Development Mechanism
What is it about ?
the 3 Kyoto mechanisms

Sponsor
Annex I/B
Cer
t i fi e
dE
mi s
si o
nR
CD edu
M ct i o
Pro n
je ct S
pon
s or
ing
 Clean Development Mechanism

Criteria to be fulfilled to receive Certified Emission

Reductions:
• Assist host-country to achieve sustainable development
• Assist sponsor in achieving compliance with part of
their emission reduction commitment
• Voluntary participation approved by the parties
• Real, measurable and long-term benefits related to the
mitigation of climate change
• Reductions in emissions that are additional to any that
would occur in the absence of the certified project
activity
 TRADABLE UNITS
- Same representation

• Certified Emission Reduction Units (CER)

1 CER = 1 Tonne CO2 equivalents

44
 TRADABLE UNITS
- Same representation

In India on the Average

1MWh of Power = 0.8 t CO2
So saving of 1MWh will get you
1MWHx24x365x0.8 CERs per year
Current rate of CER= Euro 18
So yearly income=Rs.1x24x365x.8x18x62
= Rs. 7820928/-

45
 Emission factors for various Fuels

Refined Petroleum tCO2/ tCO2/

Products KWh tonne
• The emission factors are
given for different units, to Coal 0.0003413 1.84
aid interpretation. Users Gasoline 0.0002496 3.07
should be able to find
Natural Gas 0.0002020 2.93
appropriate fuel consumption
data in one of the units Gas/Diesel Oil 0.0002667 3.19
mentioned. Once this is Residual Fuel Oil 0.0002786 3.08
done, fuel consumption is
multiplied by the appropriate LPG 0.0002271 2.95
factor. Jet Kerosene 0.0002575 3.17
Lubricants 0.0003631 2.92
Refinery Feedstock 0.0002641 3.25
46
(CDM Projects status as on April 2011)
 Environmental Impact Assessment

EIA is a study of the effects of a proposed project / action on the

environment;

• compares various alternatives, by which a desired objective may be

realized, and seeks to identify the one, ‘which represents the best
combination of economic and environmental costs and benefits’;

• is based on a prediction of the changes in environmental quality,

which would result from the proposed action;

• attempts to weigh environmental effects on a common basis with

economic costs and benefits;

• is a decision-making tool.
EIA is an important tool for managing projects in which is
used:

• to identify potential environmental impacts

• to examine the significance of the impacts

• to assess whether impacts can be mitigated

• to recommend mitigation measures. These can be preventive or

corrective.

• to inform decision-makers and other interest groups of the

implications of the proposal on the environment

• to advise whether or not development should proceed

 EIA Acronym

E →  EARLY

I →  INTEGRATED
 INTERNALIZED

A →  ALWAYS
 ALTERNATE ACTIONS

5
 SALIENT FEATURES OF EIA TOOL
1. Management
2. Sustainable Development
3. Regulatory
4. Precautionary
5. Integrating
6. Internalization
7. Decision making on alternatives
8. Environmental Enhancement
9. Public Participatory
10. Cost – Benefit Analysis
ASSESSMENT NOTIFICATION DATED 27TH JANUARY, 1994
Government of India Ministry of Environment & Forest, New Delhi
ON Environmental Impact Assessment of Development Projects
[ S.O.60(E) notification under clause (a) of sub-rule (3) of rule 5 of the
Environment (Protection) Rules, 1986 ]

…which was revised as Environmental Impact Assessment

Notification, 2006 vide S.O.1533 dated Sept 14, 2006

Screening
-Projects divided into two categories:
-Category A: require EIA study and clearance from MoEF (Central
Government).
Category B: reviewed by the State Environment Impact Assessment
Authority (SEIAA):
B1: require EIA study and
B2: does not require EIA study.
Scoping

The terms of reference (ToR) for EIA decided by the State level
Environment Appraisal Committees (SEAC) for group B1 and B2
projects and by Environment Appraisal Committees (EAC) at the
Central level for group A projects.

On the basis of the information in Form 1 provided by the

proponent .

If needed, the SEACs and EACs would visit the site, hold public
consultation and meet experts to decide the ToR.

The final ToR posted in the website for public viewing.

Public Hearing

Mandatory for all category A and category B1 projects or

activities except for 6 activities (expansion of roads and
highways, modernization of irrigation projects, etc) for which
it is exempted.

Conducted by SPCBs within 30 days of the date of receipt of

the draft EIA and EMP report.

The date, time and exact venue for public hearing notified in
local and lingual newspapers.
Appraisal

The detailed scrutiny by the EAC or SEAC of the application and Final EIA
report, outcome of the public consultations and public hearing.

Shall make categorical recommendations on stipulated terms and conditions, or

rejection of the application for prior environmental clearance, together with
reasons for the same.

The appraisal of all projects or activities, which do not required to undergo public
consultation, or submit an Environment Impact Assessment report, carried out

On the basis of the prescribed application Form 1 and Form 1A as applicable, any
other relevant validated information available and

The site visit by the EAC or SEAC concerned, if needed.

shall be completed by the EAC or SEAC concerned within 60 days of the receipt
of the final EIA and EMP report.
Schedule-1:

List of Projects requiring Environmental Clearance from central

government
30 projects

Schedule II :

Application form

Details of the project, location, state, district , tehsil, lat and long,
Nearest Airport, Railway station, selection of this site and alternate
site, obj. of the project, land req., agri. Land, forest land etc
Land use with 10 kms,
topography,
Climate and Air quality,
water balance
Solid waste
Green belt plan/compensatory afforestation plan
No. of villages and population displaced/Rehabilitation master plan,
Risk assessment Report and Disaster management plan, Environmental
Impact assessment, EMP etc.

Schedule III: composition of expert committees for EIA

Schedule IV-Procedure for Public hearing-Process, Notice of public

hearing, composition of public hearing panel, Access to executive
summary and EIA report
 SCHEDULE-1

LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE

CENTRAL GOVERNMENT

1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex,
Rare Earths.
•2. River Valley projects including hydel power, major Irrigation and their combination
including flood control.
•3. Ports, Harbours, Airports (except minor ports and harbours).
•4. Petroleum Refineries including crude and product pipelines.
•5. Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate).
•6. Pesticides (Technical).
•7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical
intermediates such as DMT, Caprolactam, LAB etc. � and production of basic plastics
such as LLDPE, HDPE, PP, PVC.
•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(2) Primary metallurgical industries (such as production of Iron and Steel,
Aluminium, Copper, Zinc, Lead and Ferro Alloys).
(b) Electric arc furnaces (Mini Steel Plants).
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 and filament yarn.
•17. Storage batteries integrated with manufacture of oxides of lead and
lead antimony alloys.
•18. All tourism projects between 200 m �500 metres of High Water Line and with
elevation
of more than 1000 metres investment of more than Rs.5 crores.
•19. Thermal Power Plants.
•20. Mining projects more than 5 hectares.
•21. Highway Projects
•22. Tarred Roads in the Himalayas and or Forest areas.
•23. Distilleries.
•24. Raw Skins and Hides
•25. Pulp, paper and newsprint.
•26. Dyes.
•27. Cement.
•28. Foundries (individual)
•29. Electroplating
•30. Meta amino phenol
Nine step approach

1. Preliminary Activities (Screening)

2. Impact Identification (Scoping)

3. Baseline Study (Environmental Setting)

4. Impact Evaluation (Prediction/ Quantification)

5. Mitigation Measures (Impact Management)

6. Assessment (Comparison)

7. Documentation (Writing EIS)

8. Decision Making

9. Post Auditing
EIA helps in achieving following goals:

Achieving balance of interests between development and environment.

- Negotiations between developers and interest groups usually result in the
realization of desirable / optimum balance.

Achieving sustainability.
- By ensuring that the projects are planned and designed in environmentally
sound ways, EIA makes a contribution to sustainable development.

Accruing benefits for proponents, interested groups and the environment.

- Project developers often consider EIA to be costly and time wasting.
- In reality, benefits are to be realized by EIA right from the selection of project
design, project location and development actions, thus providing:
– opportunities for cost saving.
– ways of reducing environmental consequences during the implementation
stage. It is usually cheaper to prevent/ eliminate or reduce potential impacts of
a project at theplanning stage.
– smooth authorization process.
– a sustainable project.
 Few questions to the Stakeholders?
•What should be threshold limit for a building/s to be considered for a prior
environmental clearance?

•Why EIA for building is ineffective?

•How should be regulatory and compliance framework to confirm claims by

the developer?

•Whether present EIA addresses all impacts of new Building on surrounding

environment?

•How should be post monitoring system for regulatory authority?

•What should be the procedures for punishing the environmental violators?

•How EIA can lead us to Sustainable Development?

 EIA provisions for Buildings-Roadmap
Buildings were brought within the ambit of EIA notification for the
first time in 1994. Since then through successive stages of
amendment EIA rules have been consistently diluted and weakened
until the very recent notification of 2009.

EIA Notification 1994

For the first time it required new townships, industrial townships,
settlement colonies, commercial complexes, hotel complexes,
hospitals and office complexes, for 1000 persons or below with an
investment of Rs 50,00,00,000 or below. This notification was
implemented until 2004.
EIA Notification 2004
In addition to the rules that were already established in 1994, it was
further stipulated that all those new construction projects should also
be included that discharge sewage of 50,000 litres per day. The EIA
tightened the grip on the most of the buildings.

EIA notification of 2006

This time the rules were amended to include different criteria for
buildings that would require EIA. Building and construction projects
with more than 20,000 sq meters under category B.
 After EIA notification of 2006
The builders association and federation have argued that buildings
are low impact and that the EIA process for building projects
therefore should be lenient.

In fact, Confederation of Real Estate Developers Association of

India (CREDAI) an association comprising all big players of
India was against the EIA rules on buildings since the 2006
amendments that brought all projects between 20,000 sq. mts and
1,50,000 sq. mts within the ambit of EIA. The real estate industry
supported the environment ministry proposal to relax the area
criteria from 20,000 sq m to 50,000 sq m.

The association has submitted memorandum to the Prime

Minister’s Office (PMO).
EIA amendment January 2009

The Union Ministry of Environment and Forests issued the January

19, 2009 draft notification of Environment Impact Assessment (EIA)
rules to exclude construction projects including the housing projects,
commercial and retail construction that are less than 50,000 sq. mt.
of built-up area from the ambit of the Environment Impact
Assessment and the Environment Protection Act 1986.

This was an attempt to extend the limit of 20,000 sq meters to more

than 50,000 sq meters and thus make the EIA process ineffectual for
buildings.
 EIA for Buildings
The MOEF, New Delhi has issued the EIA notification on 14th September 2006,
stating the building and Construction Projects are included in Category B1 of the
Schedule of EIA notification. The category B projects only have to undergo stage 1
of screening.

The Buildings are included under B category projects and are exempted from the
detail EIA. The process for the grant of environmental clearance for these projects
is relatively less intensive and rigorous than for category A projects.

Category B includes building and township projects that require prior environmental
clearance from the State/Union territory Environmental Impact Assessment
Authority (SEIAA) based on the recommendations of State Level Expert Appraisal
Committee (SEAC).

The screening procedure is also based on information provided by the applicant in

an application (Form 1, 1A and conceptual plan in case of construction projects).
Thus, no public hearing is required for buildings.
Thresholds for building/Construction Projects
 Implications of EIA amendment of January 2009

Nearly half of the future growth (about 47 per cent) would go untapped by the
EIA tool.

An industry representative stated that according to the 2004 notification only 16.5
per cent of the 2009-12 demand area would be out of the EIA ambit.

An estimated 22.2 percent of the demand would not need if the 2006 notification
existed.

Half (nearly the size of Panjim city of Goa) of the demand would not come under
the EIA ambit.

NCR leading the demand of real estate in commercial and retail sectors, the SEAC
Delhi (since its formation in November 2008) had to assess as many as 30-40
projects in the city with less than the 50,000 sq mts of built-up area or more than
20,000 sq m.
Out of 44 malls in Delhi, 30 malls would go off the EIA
hook. All these malls fall under the built-up area
specifications between 20,000 sq mts to 50,000 sq mts. This
would have had serious environmental implications in the
city.

Similarly, out of total of 132 commercial buildings in

Gurgaon and Faridabad at least 67 percent needed MoEF’s EC
clearance according to the 2004 EIA notification.

Only 42 percent needed the clearance according to the 2006

EIA notification. Now an even greater number may not
require any scrutiny.
Environmental concerns

Energy, water and wastes are the key impacts of buildings that have serious
implications for resource security, local pollution and also climate change.

The real estate sector concentrates demand for all basic resources–water, energy,
land greens, and waste disposal, and is expected to have very big environmental
footprint.

The environmental clearance for buildings is expected to bring under its scrutiny a
wide spectrum of impacts related to water and wastewater management, sewage
disposal, storm water drainage, solid waste management, hazardous waste and
biomedical waste, e-waste, and building materials.

The long list of impacts also cover air quality, and noise levels. The rules are
expected to promote energy saving measures and renewable sources of energy,
horticulture, green belt development, parking and circulation. The projects are
expected to have environmental management plan, environmental monitoring plan,
risk assessment and disaster management plan.
The case of a shopping mall in Saket, New Delhi

A cursory review of the malls in Saket brings out

the adhocism of the post environmental
management in these buildings.

The mall has a built-up area of 31,531.26 sq mts.

EC was granted by MoEF and since its operation in
early 2008 some facts of the mall are as follows:
 The case of a shopping mall in Saket (contd.)
1. Mall runs on diesel generators 24 hours as they do not have any electricity
connection from the local electrical supply authority.

2. The mall does not have a water supply connection from the local water supply
authority. The reason is not known. The mall gets supply of water of 100 KLD.

3. It does not have sewage connection as well. So no clue where the sewage is
discharged. It have a STP (Sewage Treatment Plant) in the basement. The STP
holding capacity is 100 KLD. But only 10KLD is being generated and treated in the
plant. There is no indication of the use of rest of the water and the sludge

4. The MCD (Municipal Corporation of Delhi) does not manage the solid waste of the
mall. The mall claims that a private agency manages their solid waste.

5. Though the mall has parking spaces for 436 cars most of the cars were found to be
parked outside the mall near the entrance.

The mall has conducted an EIA and the MoEF has granted the EC based on the
claims made in the EIA report. No monitoring of the EMP.
 19991 sq. m.
located on Plot no 5, Jasola District New Delhi

This project promotor claimed that built up area was19991 sq. m. and hence name
was not included in the list of ECs accorded/pending with MOEF. The water of
110 KLD was from MCD and rest 120 KLD would be from groundwater
extraction. The wastewater discharge would be only 80 KLD and the total project
cost is 63 crores.

The unit applied for Consent to Establish on 1 October 2007 and claims that built
up area less than 20000 sq m.

Inspection conducted by IIT surveyors on 18 June 2008 found that the total built
up area is 20323.92 sq mt and implying that that the unit had tried to mislead in
order to avoid applicability of Environmental Clearance.

Source: Minutes of the 75th meeting of the DPCC’s Consent Management

Committee Constituted for Deciding the Consent under Orange Category,
held on 03.09.2008 in the Conference Room of Chairman, DPCC
 Build Now, Get EC Later

Shopping Centre, ex-Hotel Ranjit Site, Maharaja Ranjit Singh Marg, New Delhi

The unit has a built up area of 30,556 sq mt and has a water requirement of 145 KLD. It
discharges 58.8 KLD. The project cost is stated to be 80 crores. The 30 April 2008 DPCC
minutes state that the unit had completed 70 per cent of the structure in terms of built up area.
This was significant violation and was directed to stop the construction by MOEF in February
2008.

The unit got Environmental Clearance in April, 2008. The minutes state that ‘the unit appears
to have scant regard for environmental laws as it started its construction even before applying
for Consent to Establish and Environmental Clearance.’

MOEF while granting the Environmental Clearance directed the unit to take Consent to
Establish from DPCC, file it before MOEF and only then they will get permission for starting
construction. The unit was directed by DPCC to pay Rs. 25 lakhs as cash penalty and Rs. 25
lakhs as Bank Guarantee by 1 May 2008.

Source: Minutes of the 75th meeting of the DPCC’s Consent Management Committee
Constituted for Deciding the Consent under Orange Category held on 03.09.2008.
 Myths and Reality
Developers issue 1
Instead of following the tiresome task of getting the environmental
clearance from the central and state level authorities the task should
be given to the same state level authority like municipality or
planning authority.

The fact
The ploy is to take the whole process out of the stringent provision
of the EIA and the environmental governance structure of the
country and stringent provision of the environmental acts.

The entire process will be reduced to adhoc guidelines that will be

enforced by the local municipal authorities of states. Sources point
out that the municipal authorities will have to be bestowed with
powers to manage and enforce the environmental issues.
 Myths and Reality (contd.)
Developers issue 2
There should be standard guidelines for implementing environmental norms

The fact
EIA is a process to estimate each area’s water stress and pollution, energy
consumption and the stress on the area, waste management, air pollution level.
The EIA process also estimates the resource uses by the possible construction
and checks against the available demand of the respective natural resources in
that area within the city.

Hence it is impractical for setting an established set of standards for such

projects. All this highlights that MOEF might not have assessed the above
mentioned points or it is merely ignoring the fact and accepting the terms of the
industry for their convenience.

Therefore, EIA as mandatory tools having its standards and norms as par to the
best practices becomes absolute necessarily.
 Myths and Reality (contd.)
Developers issue 3
Issue of time taken for granting an environmental clearance by the
MoEF or the SEAC terming it as a tedious and Herculean task
 Why EIA rules for building ineffective?
1. Monitoring –weakest link and mere formality
2. Quality of information/disclosures
3. Irregular monitoring
4. No powers to Regional offices
5. No protocol for inspection
6. Weak role of State Pollution Control Boards
7. Committee complexities
8. Coordination Missing
9. Inadequate resources and staff
10. Validity of environmental clearance is unlimited
11. Error in documentation
12. Cases filed to buy time
13. Post facto clearance
14. Construction precedes consent
15. Weak appraisal
16. Land acquisition-Prior or post EC
17. No follow up on compliance report
18. No public consultation
19. Environment is low priority for builders
Steps to Strengthen the overall EIA process of buildings
•Zonal plan and EIA
•Reform EIA rules for buildings to include public consultation
•Strengthen screening of sites
•Need strong benchmarks
•Adopt enforceable post construction monitoring protocol, capacity and
compliance strategy
•Ensure strong enforcement to prevent post facto clearances
•Quality of information and disclosure
•Issue guidelines for EIA for township projects
•Build capacity for enforcement and also promote more coordinated action
 Strengthen Sectoral Interventions
Reform to reduce water and waste water impacts of buildings
Water

Introduce benchmarking of water consumption for environmental

clearance of buildings

Availability vs Allocation

Prevent undercover Exploitation

Drive conservation methods and uptake of water efficient fixtures

Make mandatory water harvesting

 Strengthen Sectoral Interventions
Reforms for reducing energy impacts of buildings

•Integrate ECBC with environmental clearance

•Establish minimum energy benchmark for environmental clearance

•Data management for proper impact assessment and monitoring mechanism

•Energy audits

•Harmonize Environmental Clearance with ECBC and National Building

Code

•Leverage established legal systems and municipal system for enforcement

 Please note

•EIA is not anti-development

•EIA need not be expensive
•EIA is not a mere writing of EIS
•EIA is a tool for Sustainable Development
 Final suggestion/comments

Lets us make this country a safe, secure, sound,

simple and sustainable model for living