ENVIRONMENTAL IMPACT ASSESSMENT Introduction It is well recognized that, for sustainable development and optimal use of natural resources,

environmental considerations are required to be integrated in planning, designing and implementation of development projects. The envisaged benefits from development projects can be fully realized only if they are environmentally sustainable and socially sound. Environmental Impact Assessment (EIA) is one of the proven management tools for incorporating environmental concerns in the development process and also in improved decision making. Environmental Impact Assessment (EIA) is used to identify the environmental and social 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 decisionmakers. By using EIA both environmental and economic benefits can be achieved, such as reduced cost and time of project implementation and design, avoided treatment/clean-up costs and impacts of laws and regulations. EIA Components An EIA typically consist of the following steps Baseline data collection primary and secondary data The intention of this step is to understand the characteristics or status of the environment as it exists (in the no project scenario). Data collection is required with various environmental facets like air, water, land, noise, ecology, socio-economic etc. Primary data is collected by actually setting up monitoring stations, collecting samples and analyzing them. For example, data on air quality is typically collected by establishing one fixed air station at the site and another rotating one where the locations are away from the site and 120 deg from each other. Secondary data involves collection of relevant data from various agencies like

the India Meteorological Department, Geological Survey of India, National Institute of Oceanography etc. Understanding Project characteristics This focuses on the operations and processes that would be part of the project and the interactions they would have with the various components of the environment as well as the likely quantities and characteristics. Examples could include wastewater generation, air emissions, noise, solid and hazardous waste. Superimposing project characteristics on the baseline Prediction of impacts The execution of the project will invariably result in changes over the baseline environmental status. This stage captures the likely changes (both adverse and beneficial) as well as the extent of change expected. Changes are predicted on individual components of the environment like land use, air quality, water quality, displacement of people, etc. and also for various stages of the project for example impacts during the construction phase, commissioning phase, operations phase. Software which aid in impact prediction are used for some components. For example, software related to air quality modeling can predict the maximum downwind concentration of each pollutant of concern. An impact matrix summarizing the impacts on environmental components is also prepared. Developing Environmental Management Plans In order that impacts are mitigated or brought into an acceptable range, environmental management plans are required to be prepared. They could include elements like wastewater treatment plants, air pollution control equipment, noise barriers, provision of green belts etc. and have cost implications. Effective environmental management plans often require a comprehensive analysis of alternatives. Presenting the report to decision makers An EIA report is prepared based on points mentioned above and submitted to the regulatory authority. 2

EIA in India Prior to January 1994, EIA in India was carried out under administrative guidelines, which required the project proponents of major irrigation projects, river valley projects, power projects, ports and harbors, etc., to secure a clearance from the Union Ministry of Environment and Forests (MOEF). The procedure required the authority to submit environmental information to the MOEF by filling out questionnaires or checklists. The ministrys environmental appraisal committees carried out the environmental appraisal. On 27 January 1994, the MOEF notified mandatory EIAs under rule 5 of the Environment (Protection) Rules of 1986 for 29 designated projects. The notification made it obligatory for Project Proponents to prepare and submit an EIA, an Environment Management Plan (EMP), and a project report to an Impact Assessment Agency and was required to consult a multidisciplinary committee of experts. Project proponents invariably had to engage the services of environmental consultants to meet these needs. The aforementioned steps had to be completed prior to setting up of the project. The decision to grant environmental clearance was contingent the contents of the submissions mentioned above. Under the January 1994 notification any member of the public was to have access to a summary of the Project Report and the detailed EMPs. Public hearings were mandatory. This represented Indias first attempt at a comprehensive EIA scheme. As mentioned in the National Environmental Policy (2006), EIA continues to be the principal methodology for appraising and reviewing new projects. Quality of EIA reports is a key factor in ensuring that the EIA process meets its intended objectives. EIAs developed as part of the 1994 notification often did not measure up to the required quality. Some of the reasons for quality not being up to the mark were as follows: Improper / inadequate scoping of EIAs Consultants not having adequate understanding for developing EIAs Poor quality of inputs to EIAs

Mostly Copy-cut-paste jobs No checks on the competence of EIA consultants No liability of EIA consultants

Efforts for improving the EIA process in India are underway through new notifications and additional requirements from time to time. Current Status The EIA process in India is now in generally in accordance with the re-engineered EIA Notification of 14th Sep 2006 which has undergone an amendment in December 2009 with a view of simplifying the procedure without compromising or diluting the regulatory framework. The amended EIA notification provides exemption for biomass based power plants upto 15 MW, power plants based on non-hazardous municipal solid wastes and power plants based on waste heat recovery boilers without using auxiliary fuel. Salient features of the 2006 notification are as follows: Contains a Schedule enlisting all activities or projects for which prior environmental clearance (PEC) is required to be obtained by the project proponent from a Concerned Regulatory Authority before any construction work or preparation of land by the project management except for securing the land is started on the project or activity Requirement of PEC extends to o All new projects or activities listed in the Schedule o Expansion and modernization of existing projects or activities listed in the Schedule with addition of capacity beyond the limits specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the Schedule, after expansion or modernization o Any change in product - mix in an existing manufacturing unit included in Schedule beyond the specified range

 The schedule contains 8 broad types of projects or activities 1. Mining, extraction of natural resources and power generation (for a

specified production capacity) Examples include Mining, Thermal Power Plants, River Valley and Nuclear Projects 2. Primary Processing Examples include coal washeries and mineral

beneficiation 3. Materials Production Examples include Metallurgical industries and

cement plants 4. Materials Processing Examples include petroleum refining, coke oven

plants, asbestos based products, chlor-alkali, soda ash and leather processing 5. Manufacturing/Fabrication Examples include chemical fertilizers, petrochemical complexes, manmade fiber, synthetic organic

pesticides,

chemicals, distilleries, integrated paint, pulp and paper, sugar, bulk drugs and intermediates 6. 7. Service Sectors Oil and gas transportation pipelines, Isolated storages Physical Infrastructure including Environmental Services Airports, ship

breaking yards, Industrial Estates, EPZs, SEZs, CHWTSDFs, Ports, Harbors, Highways, CETPs 8. Building /Construction projects/Area Development projects and Townships Projects and activities are divided into two broad categories - Category A and Category B o Based on spatial extent of potential impacts and potential impacts on human health and natural and manmade resources o Category A : Prior environmental clearance from the Central Government in

the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) constituted by the Central Government

o Category B : Prior environmental clearance from the State/Union territory Environment Impact Assessment Authority (SEIAA). The SEIAA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) o In the absence of a duly constituted SEIAA or SEAC, a Category B project shall be treated as a Category A project; o Some projects are categorized as A irrespective of capacity: Nuclear Power, Petroleum refining, Chemical Fertilizers o For the others, various criteria are defined: Cement plants with production capacity more than 1MTPA are A while others are B, Pulp and pulp and paper manufacturing units are A, Paper manufacturing without pulp manufacturing are B Stages for Environmental Clearance The project proponent needs to submit a form (Form 1 or Form 1A, depending on the type of project) to enable the procedure for environmental clearance to start. Environmental clearance includes a maximum of four stages o Stage (1) Screening (Applicable only for Category B projects and activities) At this stage the SEAC conducts a scrutiny of the application and decides whether the project proponent is required to conduct and EIA and submit a report. Projects entailing EIA report submission are further classifies as category B1 and not requiring EIA report are further classified as category B2. o Stage (2) Scoping A detailed and comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or activity is communicated to

the project proponent in this stage. It is also possible for a project to be rejected at this stage (with clear communication of reasons for the same). o Stage (3) Public Consultation Public Consultation refers to the process by which the concerns of local affected persons and others who have plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. Public consultation is initiated at the request of the project proponent after the draft EIA is submitted to the regulatory authority. Copies of the draft EIA are made available to public at notified locations. Notices regarding public hearing are required to be put up in newspapers as specified in the notification. The public consultation process includes two components 1. A public hearing at the site or in its close proximity, concerns of local affected persons 2. Responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project or activity. The project proponent is required to address all environmental concerns emerging from the public consultation process and make changes in the draft EIA and EMP. The final EIA report, so prepared, shall be submitted by the applicant to the concerned regulatory authority for appraisal. The applicant may alternatively submit a supplementary report to draft EIA and EMP addressing all the concerns expressed during the public consultation. Note: Public consultation applies to all category A and B1 projects except the following Modernization of irrigation projects

All projects or activities located within industrial estates or parks approved by the concerned authorities, and which are not disallowed in such approvals.

Expansion of Roads and Highways of the Schedule which do not involve any further acquisition of land.

All Building /Construction projects/Area Development projects and Townships

All Category B2 projects and activities. All projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Government.

o Stage (4) Appraisal This stage provides for a detailed scrutiny of the package of information from the project proponent (including the EIA report, public consultation proceedings). Clarifications may be sought in person from the project proponent if required. The EAC/SEAC makes categorical recommendations to the regulatory authority with reasons for grant or rejection of prior environmental clearance. The regulatory authority takes the final decision regarding grant or rejection of prior environmental clearance and is required to convey the same to the applicant within forty five days of the receipt of the recommendations of the EAC/SEAC Concealment of information Deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis. Rejection of an application or cancellation of a prior environmental clearance already granted, on such ground, shall be decided by the 8

regulatory authority, after giving a personal hearing to the applicant, and following the principles of natural justice. Validity of Environmental Clearance o Refers to the period from which a prior environmental clearance is granted by the regulatory authority to the start of production operations by the project or activity, or completion of all construction operations in case of construction o Ten years in the case of River Valley projects , o Thirty years for mining projects o Five years in the case of all other projects and activities. This period of validity may be extended by the regulatory authority concerned by a maximum period of five years provided an application is made to the regulatory authority by the applicant within the validity period, together with an updated Form 1, and Supplementary Form 1A, for Construction projects or activities (item 8 of the Schedule). In this regard the regulatory authority may also consult the EAC/SEAC Post Environmental Clearance Monitoring o It shall be mandatory for the project management to submit half-yearly

compliance reports in respect of the stipulated prior environmental clearance terms and conditions in hard and soft copies to the regulatory authority concerned, on 1st June and 1st December of each calendar year. o All such compliance reports submitted by the project management shall be

public documents. Copies of the same shall be given to any person on application to the concerned regulatory authority. The latest such compliance report shall also be displayed on the web site of the concerned regulatory authority. Transferability of Environmental Clearance o A prior environmental clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to 9

undertake the project or activity on application by the transferor, or by the transferee with a written no objection by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions under which the prior environmental clearance was initially granted, and for the same validity period. No reference to the EAC/SEAC necessary Status of Clearances The MOEF has accorded environmental clearance to 548 projects and issued TOR to 624 projects as on December 2009. 23 SEIAAs were constituted and they have accorded environmental clearance to 759 projects as on December 2009. Preparation of EIA Sector Specific Manuals The MOEF is in the process of preparing 37 EIA Manuals for sector specific development projects with the help of two institutions, namely Administrative Staff College of India and IL&FS Ecosmart Ltd. Draft manuals for 15 sectors have been prepared so far. Registration of EIA Consultants In order to improve the quality of EIA reports, an accreditation scheme is now underway. EIA consultants are required to get themselves registered with the National Accreditation Board of Education and Training (NABET). NABET is a part of the Quality Council of India (QCI). They have developed a comprehensive scheme for accreditation of EIA Consulting Organizations. The scheme includes features like knowledge and skill base of the organization, EIA Co-ordinators and functional experts, facilities available, code of conduct for consulting organizations. Provision for physical inspection of the consulting organization facilities and periodic surprise audits are also included in the scheme. EIA reports prepared by consultants not registered with NABET are not proposed to be considered after June 30, 2010. Points for discussion Strengths and limitations of the EIA notification Key factors for effectiveness of the EIA

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