MODULE 2

ENVIRONMENTAL CLEARANCE PROCESS IN INDIA

• 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) Industries
(2) Mining
(3) Thermal power plants
(4) River valley projects
(5) Infrastructure and CRZ (Coastal Regulation Zone)

(6) Nuclear power projects.

The process consists of following steps:
• Project proponent identifies the location of proposed plant after ensuring compliance with
existing guidelines. If project site does not agree with the existing guideline, the proponent has
to identify other alternative site for the project.

• The project proponent then assesses if the proposed activity/project falls under the purview
of environmental clearance. If it is mentioned in schedule of the notification, the proponent
conducts an EIA study either directly or through a consultant. If the project falls in B category,
the project goes to state government for clearance which further categorized into B1 and B2
projects. B2 projects does not require preparation of EIA reports.

• After the EIA report is ready, the investor approaches the concerned State Pollution Control
Board (SPCB) and the State Forest Department (if the location involves use of forestland). The
SPCB evaluates and assesses the quantity and quality of effluents likely to be generated by the
proposed unit as well as the efficiency of the control measures proposed by the investor to meet
the prescribed standards. If the SPCB is satisfied that the proposed unit will meet all the
prescribed effluent and emissions standards, it issues consent to establish (popularly known as
NOC), which is valid for 15 years.
• The public hearing is a mandatory step in the process of environmental clearance for certain
developmental projects. This provides a legal space for people of an area to come face-to-face
with the project proponent and the government and express their concerns.

The process of public hearing is conducted prior to the issue of NOC from SPCB. The District
Collector is the chairperson of the public hearing committee. Other members of the committee
includes the official from the district development body, SPCB, Department of Environment
and Forest, Taluk and Gram Panchayath representative, and senior citizen of the district, etc.
The hearing committee hears the objections/suggestions from the public and after inserting
certain clauses it is passed on to the next stage of approval (Ministry of Forest and
Environment).

• The project proponent submits an application for environmental clearance with the MoEF if
it falls under Project A category or the state government if it falls under project B category.
The application form is submitted with EIA report, EMP, details of public hearing and NOC
granted by the state regulators

Environmental appraisal: The documents submitted by an investor are first scrutinised by a

multi-disciplinary staff functioning in the Ministry of Environment and Forests who may also
undertake site-visits wherever required, interact with the investors and hold consultations with
experts on specific issues as and when necessary. After this preliminary scrutiny, the proposals
are placed before specially constituted committees of experts whose composition is specified
in the EIA Notification. Such committees, known as Environmental Appraisal Committees
have been constituted for each sector such as River Valley, Industries, Mining etc. and these
committees meet regularly to appraise the proposals received in the Ministry. In case of certain
very special/controversial projects, which have aroused considerable public interest, the
committee may also decide to arrange for public hearings on those projects to ensure public
participation in developmental decisions. Announcements for such public hearing shall be
made atleast 30 days before through newspapers. On the basis of the exercise described in the
foregoing paragraphs, the Appraisal Committees make their recommendations for approval or
rejection of particular projects. The recommendations of the Committees are then processed in
the Ministry of Environment and Forests for approval or rejection.
 • Issues of clearance or rejection letter: 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/rejection, although separate letters
may be issued. If the project does not involve diversion of forest land, the case is
processed only for environmental clearance.

• Once all the requisite documents and data from the project authorities are received and public
hearings (where required) have been held, assessment and evaluation of the project from the
environment angle is completed within 90 days and the decision of the ministry shall be
conveyed within 30 days thereafter.

• The clearance granted shall be valid for a period of five years for commencements of the
construction or operation of the project The process is summarised in the following Figure:
Environmental clearance process in India.
INDIA’S EIA NOTIFICATION 2006

As per this notification all projects/activities which need environmental clearance from the
regulatory authorities has been divided into:
– Category A

– Category B
• B1

• B2
The environmental clearance process for new projects will comprise of a maximum of four
stages, all of which may not apply to particular cases as set forth below in this notification.
These four stages in sequential order are:-
• Stage (1) Screening (Only for Category ‘B’ projects and activities)
• Stage (2) Scoping
• Stage (3) Public Consultation
• Stage (4) Appraisal
2.4 SCREENING
In case of Category ‘B’ projects or activities, this stage will entail the scrutiny of an application
seeking prior environmental clearance made in Form 1 by the concerned State level Expert
Appraisal Committee (SEAC) for determining whether or not the project or activity requires
further environmental studies for preparation of an Environmental Impact Assessment (EIA)
for its appraisal prior to the grant of environmental clearance depending up on the nature and
location specificity of the project . The projects requiring an Environmental Impact Assessment
report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’
and will not require an Environment Impact Assessment report.
2.5 SCOPING
“Scoping”: refers to the process by which the Expert Appraisal Committee in the case of
Category ‘A’ projects or activities, and State level Expert Appraisal Committee in the case of
Category ‘B1’ projects or activities, including applications for expansion and/or modernization
and/or change in product mix of existing projects or activities, determine 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 for which prior environmental clearance is sought. Terms of Reference (TOR) shall
be conveyed to the applicant by the Expert Appraisal Committee or State Level Expert
Appraisal Committee as concerned within sixty days of the receipt of Form 1. Applications for
prior environmental clearance may
be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC
concerned at this stage itself . In case of such rejection, the decision together with reasons for
the same shall be communicated to the applicant in writing within sixty days of the receipt of
the application.
2.6 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. All Category ‘A’ and Category B1 projects or activities shall undertake
Public Consultation
The Public Consultation shall ordinarily have two components comprising of:-
(a) A public hearing at the site or in its close proximity- district wise, to be carried out in the
manner prescribed in Appendix IV, for ascertaining concerns of local affected persons;
(b) Obtain responses in writing from other concerned persons having a plausible stake in the
environmental aspects of the project or activity.
The public hearing at, or in close proximity to, the site(s) in all cases shall be conducted
by the State Pollution Control Board (SPCB) or the Union territory Pollution Control
Committee (UTPCC) concerned in the specified manner and forward the proceedings to the
regulatory authority concerned within 45(forty five ) of a request to the effect from the
applicant.
For obtaining responses in writing from other concerned persons having a plausible stake
in the environmental aspects of the project or activity, the concerned regulatory
authority and the State Pollution Control Board (SPCB) or the Union territory Pollution Control
Committee (UTPCC) shall invite responses from such concerned persons by placing on their
website the Summary EIA report prepared in the format given in Appendix IIIA by the
applicant along with a copy of the application in the prescribed form , within seven days of the
receipt of a written request for arranging the public hearing . Confidential information
including non-disclosable or legally privileged information involving Intellectual Property
Right, source specified in the application shall not be placed on the web site. The regulatory
authority concerned may also use other appropriate media for ensuring wide publicity about
the project or activity. The regulatory authority shall, however, make available on a written
request from any concerned person the Draft EIA report for inspection at a notified place during
normal office hours till the date of the
public hearing. All the responses received as part of this public consultation process shall be
forwarded to the applicant through the quickest available means.
Affter completion of the public consultation, the applicant shall address all the material
environmental concerns expressed during this process, and make appropriate 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
2.7 APPRAISAL
Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level

Expert Appraisal Committee of the application and other documents like the Final EIA report,
outcome of the public consultations including public hearing proceedings, submitted by the
applicant to the regulatory authority concerned for grant of environmental clearance. This
appraisal shall be made by Expert Appraisal Committee or State Level Expert Appraisal
Committee concerned in a transparent manner in a proceeding to which the applicant shall be
invited for furnishing necessary clarifications in person or through an authorized
representative. On conclusion of the proceeding, the Expert Appraisal Committee or State
Level Expert Appraisal Committee concerned shall make categorical recommendations to the
regulatory authority concerned either for grant of prior environmental clearance on stipulated
terms and conditions, or rejection of the application for prior environmental clearance, together
with reasons for the same
ELEMENTS OF EIA

i. Project Screening
“Screen” project to determine if project requires a full EIA.
Identify environmental issues of concern
It is a pre EIA process.
Outcome of screening – decision to either include or exclude the proposed project from the
full EIA process.

ii. Scoping
It is a key stage of EIA process.
“Scope” the project to identify issues/impacts for investigation
This stage identifies the key issues and impact that should be further investigated. This stage
also defines the boundary and time of the study.
Develop a strategy for addressing and resolving each key issue, including information
requirements and terms of reference for further studies.
Methods for Scoping
o Making a plan for public involvement Identifying major issues of public concern Establishing
priorities for environmental assessment
o Evaluating the significance of issues
o Distribution of information to interested parties
o Developing a strategy for addressing priorities

iii. Consideration of alternatives

This seeks to ensure that the proponent has considered other feasible approaches, including
alternative project locations, scales, processes, layouts, operating condition and the no-action
option.
iv. Description of the project/development action

This step seeks to clarify the purpose and rationale of the project and understand its various
characteristics, including the stages of development, location and processes.
v. Description of the environmental baseline
This includes the establishment of both the present and future state of the environment, in the
absence of the project, taking into account the changes resulting from natural events and from
other human activities. Baseline situation is the existing environmental situation or condition
in the absence of the activity
vi. Identification of key impacts

This brings together the previous steps with a view to ensuring that all potentially significant
environmental impacts (adverse and beneficial) are identified and taken into account in the
process
vii. The prediction of impacts

This step aims to identify the likely magnitude of the change (i.e., impact) in the environment
when the project is implemented in comparison with the situation when the project is not
carried out.
viii. Evaluation and assessment of significance

This seeks to assess the relative significance of the predicted impacts to allow a focus on key
adverse impacts. Formal definition of significance is the product of consequence and
likelihood as
Significance =consequence X Likelihood
ix. Mitigation

This involves the introduction of measures to avoid, reduce, remedy or compensate for any
significant adverse impacts

Public consultation and participation

This aims to assure the quality, comprehensiveness and effectiveness of the EIA, as well as to
ensure that the public’s views are adequately taken into consideration in the decision-making
process.
xi. EIS presentation
This is a vital step in the process. If done badly, much good work in the EIA may be negated.
xii. Review
This involves a systematic appraisal of the quality of the EIS, as a contribution to the
decision-making process
xiii. Decision-making

At this stage, decisions are made by the relevant authority of the EIS (including consultation
responses) together with other material considerations as to whether to accept, defer or reject
the project.
xiv. Post-decision monitoring

This involves the recording of outcomes associated with development impacts, after the
decision to proceed with the project. It can contribute to effective project management

xv. Auditing
This follows monitoring and involves comparing actual outcomes with predicted outcomes,
and can be used to assess the quality of predictions and the effectiveness of mitigation. It
provides a vital step in the EIA learning process.

CLASSIFICATION OF EIA

EIA can be classified based on the purpose and the theme of development., EIA is categorised
based on systematic analysis of environmental parameters, geographical region, carrying
capacity limitations and sectoral planning. They are strategic EIA, regional EIA, sectoral EIA,
project level EIA and life cycle assessment.

Strategic EIA (SEIA):

Strategic EIA refers to systematic analysis of the environmental effects of development
policies, plans, programs and other proposed strategic actions. This process extends the aims
and principles of EIA upstream in the decision- making process, beyond the project level and
when major alternatives are still open. Strategic EIA represents a proactive approach to
integrate environmental considerations into the higher level of decision-making.

Regional EIA:
EIA in the context of regional planning integrates environmental concerns into development
planning for a geographic region, normally at the sub- country level. Such an approach is
referred to as the economic-cum- environmental (EcE) development planning. This approach
 facilitates adequate integration of economic development with management of renewable
natural resources within the carrying capacity limitation to achieve sustainable development.

It fulfills the need for macro-level environmental integration, which the project-oriented EIA
is unable to address effectively. Regional EIA addresses the environmental impacts of regional
development plans and thus, the context for project-level EIA of the subsequent projects, within
the region. In addition, if environmental effects are considered at regional level, then
cumulative environmental effects of all the projects within the region can be accounted.

Sectoral EIA:
Instead of project-level-EIA, an EIA should take place in the context of regional and sectoral
level planning. Once sectoral level development plans have the integrated sectoral
environmental concerns addressed, the scope of project-level EIA will be quite narrow.
Sectoral EIA will help to address specific environmental problems that may be encountered in
planning and implementing sectoral development projects.

Project Level EIA:

Project level EIA refers to the developmental activity in isolation and the impacts that it exerts
on the receiving environment. Thus, it may not effectively integrate the cumulative effects of
the development in a region.

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.