Environmental process in India

EIA history - India

• EIA in India was first started in 1977-78 with evaluation of river valley projects
• later extended to mining, Industries, thermal power, port and harbors, atomic power,
rail and road highways, bridges airport and communications, etc
• In January 1994,the Ministry of Environment & Forests (MEF) issued a Notification
on EIA of Development Projects
• This Notification listed 30 projects that required environmental
clearance from the Central Government
• It also included - for the first time – Public hearing as a pre-requisite for clearing
large projects
• Under EP Act – EIA notification was issued in 1994 (cost of project was criteria
for screening)
• In 2006 – again new EIA notification was issued, substituted old one
 EIA 2006: THE CHANGES IN COMPARISON TO EIA 1994

EIA, 1994 EIA, 2006

Clearance Authority

Central Govt., MOEF Central Govt., MOEF for Category A projects. State Level
SEIAA for Category B

Screening

Based on capital investment Revised Schedule based on potential impacts,

and capacity Categorization into A and B1 & B2.
Proponent to submit Form-1 for category B projects to
SEIAA for categorization into B1 or B2
 Scoping

Not mandatory Proponent to submit information through Form-1/Form-

1-A for category A and B1 projects

Consultation for scoping

No provision No provision. Site visit if necessary.

Terms of Reference (TOR) for EIA

Clearance authority to determine detailed TOR based on

information in form-1 & TOR proposed by the
No provision
proponent

Site clearance

Separate site clearance process Scoping stage incorporates site clearance process
before EIA
 EIA studies

Completed before public To submit draft EIA report and prepare final EIA report
hearing based on public consultation

Public consultation

Public hearing (PH) after the Proceedings to be video graphed, hearing proceedings to
EIA study, views of public are be made public. MEF can decide to waive PH if
noted and not made public situation is not conducive

Participation in public consultation

Local persons, environnemental Only local persons. Others can only submit written
groups, etc. comments.

No Objection Certificate from SPCB

Mandatory requirement NOC not required

 Modernization or expansion of existing projects
To follow same procedure as EAC/ SEAC to decide whether EIA/ public consultation
new projects is required

Time limit for each stage of EIA

No time limit Time limits with consequences at each stage

Monitoring

By regional office of MEF, By regional office of MEF, half-yearly compliance

half-yearly compliance reports reports to be made public
not made public

MOEF – Ministry of Environment & Forests, Govt. of India; SEIAA – State level environment Impact assessment authority

SPCB – State Pollution control Board; EAC – Expert Appraisal Committee(Central); SEAC – State Expert Appraisal Committee
 PROJECTS WHICH REQUIRE EC

• Projects listed in the schedule to notification (as Category A and B

projects)
• All new projects or activities listed in the Schedule to this notification
• Expansion and modernization of existing projects or activities listed in
the Schedule to this notification
• Any change in product - mix in an existing manufacturing unit
included in Schedule
 Requirements of prior Environmental Clearance (EC)
• EC by whom?

• Category A projects: Central Government in the Ministry of Environment and Forests

• Base decisions on the recommendation by Expert Appraisal Committee (EAC)

• Category B projects: At state level the State 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) as to be constituted in the notification

• In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be
treated as a Category ‘A’ project
 State Level Environment Impact Assessment Authority (SEIAA)

• SEIAA shall be constituted by the Central Government

• comprising of three Members
• Chairman and a member–secretary to be nominated by the State Government
or the Union territory Administration
• The Member-Secretary shall be a serving officer of the concerned State
Government or Union territory administration familiar with environmental
laws
• The other two Members shall be either a professional or expert

• One of the specified Members in sub-paragraph above who is an expert in the

Environmental Impact Assessment process shall be the Chairman of the
SEIAA.
• All decisions of the SEIAA shall be unanimous and taken in a meeting
Expert Committees for Screening, Scoping and Appraisal (EAC and SEAC)

• Expert Committees
• Expert Appraisal Committees (EACs) at the Central Government
• State Expert Appraisal Committees (SEAC) at the State or the Union territory

• Responsible for screening, scoping and appraising projects

• The SEAC at the State or the Union territory level shall be constituted by the Central Government
in consultation with the concerned State Government or the Union territory Administration with
identical composition

• The authorised members of the EAC and SEAC, concerned, may inspect any site(s)

• The EAC and SEAC shall be reconstituted after every three years
STAGES IN ENVIRONMENTAL CLEARANCE PROCESS

The environmental clearance process for new projects will comprise of a maximum
of four stages:

A. Screening

B. Scoping

C. Public Consultation

D. Appraisal
 Stage –I:Screening

• the main development in the screening process is the categorization into A and B

projects based on project capacity

• Category B projects will be under the authority of SPCBs which will further

divide them into B1 (EIA required) and B2 (EIA not required)

• Site visits will be basis for categorization into B1 and B2

 General Condition (GC)
Any project or activity specified in Category ‘B’ will be treated
as Category A, if located in whole or in part within 10 km from
the boundary of:
(i) Protected Areas notified under the Wild Life (Protection)
Act, 1972,
(ii) Critically Polluted areas as notified by the Central
Pollution Control Board from time to time,
(iii) Notified Eco-sensitive areas,
(iv) inter-State boundaries and international boundaries.
 Stage II: Scoping

• the stage where the TOR is decided can be considered crucial in the whole process

• In the EIA 2006 the authorities have to decide the TORs based on the

information given in form-1 by the proponents

• The proponent is required to submit a TOR, based on which and a discretionary site visit

the authorities will decide the final TOR and give the permission to carry out EIA studies
• The 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

• If the Terms of Reference are not finalized and conveyed to the applicant within
sixty days of the receipt of Form 1, the Terms of Reference suggested by the
applicant shall be deemed as the final Terms of Reference approved for the EIA
studies
Authorities to prepare TOR:

• 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

• Expert Appraisal Committee in the case of Category ‘A’ projects or activities

 Stage III: Public Consultation

• conducting public hearing before the preparation of final EIA report is an

improvement over EIA 1994

• persons who are not local are not allowed to participate in the hearing,

• written comments are taken from only those who

have a plausible stake in the project

• NGOs and environmental groups are kept away

 Stage IV: 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

• Appraisal Committee shall make categorical recommendations to the regulatory

authority for grant of EC on stipulated terms and conditions, or rejection of the
application for EC, together with reasons for the same.

• Appraisal of project shall be completed by the Committee within sixty days of

the receipt of the final Environment Impact Assessment report
 Grant or Rejection of Prior Environmental Clearance

• The regulatory authority shall consider the recommendations of the EAC or SEAC

concerned and convey its decision to the applicant within forty five days of the receipt of

the recommendations

• In other words appraisal and EC granting takes 105 days from the receipt of the final

Environment Impact Assessment Report

 Validity of Environmental Clearance (EC)

• The prior environmental clearance granted for a project or

activity shall be valid for a period of ten years in the case of River Valley
projects

• A maximum of thirty years for mining projects

• Five years in the case of all other projects and activities

 EC Process as per 2006 notification

• Stage (1) Screening (Only for Category ‘B’ projects

and activities)

• Stage (2) Scoping (60 days is required)

• Stage (3) Public Consultation (45 days)

•Stage (4) Appraisal and EC granting (105 days)

Total Days for EC – (60+45+105 = 210 days)

 Study Area for primary data as per MoEF –EIA guidance manuals

Sector Study Area

Coal washeries Project area and 5 kms
Port and harbor Project area and 5 kms
Highways Project area and 0.5 kms on either side of ROW
Building & construction project Project area and 0.5 kms

Township &ADP Project area and 2 kms

Airports Project area and 15 kms

Aerial rope ways Project area and 0.5 km
Asbestos Project area and 1 km
Mineral beneficiation Project area and 5 kms
Nuclear power plants Project area and 30 kms

Mining project Project area and 10 kms (mine lease area more
than 50 ha) &5kms mine lease area of 5-50ha
 Projects exempted from public hearing

• Public Hearing is applicable for all Category ‘A’ and Category B1

projects, except the following:-

▪ modernization of irrigation projects

▪ all projects or activities located within industrial estates or parks

approved by the concerned authorities

▪ expansion of Roads and Highways which do not involve any

further acquisition of land.
 Exemption from public hearing

• All Building /Construction projects/Area Development

projects and Townships

• All projects or activities concerning national defense and security

or involving other strategic considerations as determined by the
Central Government.
 Notice of Public Hearing
• No postponement of the date, time, venue of the public hearing shall be
undertaken, unless some emergency situation occurs

• Postponement shall be notified to the public through the same newspaper and
also prominently displayed at all the identified offices by the concerned
SPCB
 What are the documents MoEF shall display on website?

• Summary of draft EIA report (for category ‘A’ project )

• TOR approved by EAC
• Recommendations of EAC
• Approval/Rejection by MOEF
Summary of EIA process and Rough Timelines
Who does it?

Submission of application (Form 1, prelim reports) Investor

Stage 1: Screening; Decide project A, B1 or B2

Expert
60 days
Committee
Stage 2: Scoping; Come up with Terms of Reference (TOR)

Prepare preliminary EIA report Investor

State Pollution
45 days Stage 3: Public consultation (2 components) Control Board
Update EIA report (Investor)
Expert
60 days Stage 4: Appraisal
Committee
15 days
Regulatory
30 days Final Decision
Authority
 Transferability of Environmental Clearance
• A prior EC can be transferred during its validity to another legal person entitled to 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
• No reference to the Expert Appraisal Committee or State Level Expert Appraisal Committee
concerned is necessary in such cases
 STRUCTURE OF AN EIA DOCUMENT
• The EIA document contains the following points
1. Introduction
2. Project description
3. Description of the environment
4. Anticipated Environmental Impacts & Mitigation measures
5. Analysis of alternatives (Technology & site)
6. Environmental monitoring programme
7. Addition Studies
8. Project Benefit
9. Environmental Cost Benefit Analysis
10.Environmental Management Plan (EMP)
11.Summary and conclusion
12.Disclosure of consultants engaged
 Introduction
• Purpose of the report
• Identification of project & project proponent
• Brief description of nature, size, location of the project and its importance to the
country, region
• Scope of the study – details of regulatory scoping carried out (As per Terms of
Reference)
 Project Description
• Type of project
• Need for the project
• Location (maps showing general location, specific location, project boundary &
project site layout)
• Proposed schedule for approval and implementation
• Technology and process description
• drawings showing project layout, components of project etc
• Proposed schedule for approval and implementation
• Description of mitigation measures incorporated into the project to meet
I. Environmental standards,
II. Environmental Operating conditions, or
III. Other EIA requirements (as required by the scope)
 Description of the Environment
• Study area, period, components & methodology

• Establishment of baseline for valued environmental components, as identified in

the scope

• Base maps of all environmental components

 Anticipated Environmental Impacts & Mitigation Measures
• Details of Investigated Environmental impacts due to project location,
possible accidents, project design, project construction, regular
operations, final decommissioning or rehabilitation of a completed
project
• Measures for minimizing and / or offsetting adverse impacts identified
• Mitigation measures
 Analysis of Alternatives (Technology & Site)

In case, the scoping exercise results in need for

alternatives:
• Description of each alternative
• Summary of adverse impacts of each alternative
• Mitigation measures proposed for each alternative
• Selection of alternative
 Environmental Monitoring Program

Technical aspects of monitoring the effectiveness of mitigation measures

(incl. Measurement methodologies, frequency, location, data analysis,
reporting schedules, emergency procedures, detailed budget & procurement
schedules)
 Additional Studies
• Public Consultation
• Risk assessment
• Social Impact Assessment
 Project Benefits
• Improvements in the physical infrastructure
• Improvements in the social infrastructure
• Employment potential –skilled; semi-skilled and unskilled
• Other tangible benefits
 Environmental Cost Benefit Analysis
• If recommended at the Scoping stage
 Environmental Management Plan
• Description of the administrative aspects of ensuring
that mitigative measures are implemented and their effectiveness
monitored, after approval of the EIA
 Summary & Conclusion

• Overall justification for implementation of the project

• Explanation of how, adverse effects have been
mitigated
 Disclosure of Consultants engaged

The names of the Consultants engaged with their brief resume and
nature of Consultancy rendered
 Environmental Audit (EA)
• An environmental audit (EA) is a systematic, independent internal review to check
whether the results of environmental work tally with the targets
• It studies whether the methods or means used to achieve the goals or ends are
effective
• EA involves studying documents and reports, interviewing key people in the
organization, etc., to assess the level of deviations between targets and results
• Environmental audits are being used as a tool and an aid to test the effectiveness
of environmental efforts at local level
 Reasons for Conducting EA

• To verify compliance
• To review implementation of policies
• To identify liabilities
• To review management systems
• To identify needs, strengths and weaknesses
• To assess environmental performance
• To promote environmental awareness
 OBJECTIVES OF AN ENVIRONMENTAL AUDIT

To evaluate the efficiency and efficacy of resource utilization (i.e., people, machines

and materials), to identify the areas of risk, environmental liabilities, weakness in

management systems and problems in complying with regulatory requirements and

to ensure the control on waste/pollutant generation.

 AREA OF ENVIRONMENTAL AUDIT
• Design specification and layout

• Resource management

• Pollution control systems and procedures

• Emergency plans and response/safety system

• Medical and health facilities/industrial hygiene and

occupational health

• Confirmation to regulatory requirement

 DESIGN SPECIFICATION AND LAYOUT

• While setting up an industry, adequate provisions are made in the

design specification and layout to augment the production capacity
but corresponding provisions to meet the environmental criteria are
often overlooked
 RESOURCE MANAGEMENT

• The resources include air, water, energy and other raw materials

• The audit will provide data to the management on the efficient use of the
resources per unit production, and, thereby, help reduce resource consumption and
waste minimization
 POLLUTION CONTROL SYSTEMS AND PROCEDURES

The audit helps ensure that the systems and procedures governing the
environmental activities/operations of pollution control equipment's are
rightly followed
 EMERGENCY PLANS AND RESPONSE/SAFETY SYSTEM

• The review of the emergency response system will ensure adequate

knowledge, alertness and readiness of the staff concerned to effectively
face an emergency
MEDICAL AND HEALTH FACILITIES/INDUSTRIAL HYGIENE
AND
OCCUPATIONAL HEALTH
• The productive element of an industry is dependent on the health of its
human resources

• Audit provides an insight into the actual requirements to warn

suitable orientation of existing facilities
 CONFIRMATION TO REGULATORY REQUIREMENT
• Factory managers may not be fully aware of the latest regulatory
requirements

• An audit helps compare the existing status with the stipulation and
standards prescribed by various agencies and ensure compliance
 TYPES OF ENVIRONMENTAL AUDITS
Two main types of environmental audit are:
• Objective-based
• Client-driven
 OBJECTIVE BASED ENVIRONMENTAL AUDITS

Based on objectives, environmental audits can

be categorized as under

1. Liabilities audit
2. Management audit
3. Activities audit
 CLIENT-DRIVEN TYPE AUDITS
The different types of audits are based on the client, who has
commissioned or ordered the audit procedure:
1. Regulatory external audit
2. Independent external audit
3. Internal environmental audit
4. Third party audits
 EA steps

The four general steps involved in an audit procedure are

• Audit preparation
• A systematic scrutiny or review of a facility
• Reporting
• Follow up
 ELEMENTS OF AUDIT PROCESS

What to audit?
An audit can cover anything from environmentally-related decisions to
the function and maintenance of an individual piece of environmental
protection equipment
Who should audit?
• Regulatory agencies
• Other actors in society who have an interest in how the environmental issues are
dealt with in companies
• Firm itself
Why an audit?
Thinking of Industries
Industries see environmental audits as means of reducing their own
environmental risk taking
Thinking of Environmental Groups
environmental groups and organisations emphasise that it is the risks to
the environment that are to be minimised through environmental audit