Environmental impact assessment 2020

Environmental impact assessment (EIA)
In India any person who desires to undertake any new project or the expansion or modernization of any existing industry or project should submit a Rapid Environmental Impact Assessment report along with application to the secretary, Ministry of Environment and Forests (MoEF), New Delhi. Basic types of EIA being practiced are given below.
  Rapid Environmental Impact Assessment (REIA)
  Comprehensive Environmental Impact Assessment (CEIA)
  Strategic Environmental Impact Assessment (SEIA)
  Sectoral Environment Impact Assessment
  Regional Environmental Impact Assessment
Environmental Impact Assessment Notification in India
EIA is of comparatively recent origin in India and has become an integral part of Environmental Management by EIA notification of 1994 and its subsequent amendments by Ministry of Environment & Forests (MoEF), Govt. of India. The notification specifies 30 categories of projects with potential risks to degrade the Environment.
Purposes of EIA
EIA is a process with several important purposes, which can be categorized as follows:
To facilitate decision-making For the decision-maker, for example the local authority, it provides a systematic examination of the environmental implications of a proposed action, and sometimes alternatives, before a decision is taken

To aid in the formation of development EIA can be of great benefit to them, since it can provide a framework for considering location and design issues and environmental issues in parallel. It can be an aid to the formulation of developmental actions, indicating areas where the project can be modified to minimize or eliminate altogether the adverse impacts on the environment.

To be an instrument for sustainable development The key characteristics of sustainable development include maintaining the overall quality of life, maintaining continuing access to natural resources and avoiding lasting environmental damage.
Principle of EIA
The Benefits of Environmental Assessment
Categorization of projects and activities
Environmental Clearance (EC)

1. Environmental Impact Assessment

2. In India any person who desires to undertake any new project or the expansion or modernization of any existing industry or project should submit a Rapid Environmental Impact Assessment report along with application to the secretary, Ministry of Environment and Forests ( MoEF ), New Delhi. Basic types of EIA being practiced are given below.    Rapid Environmental Impact Assessment (REIA)    Comprehensive Environmental Impact Assessment (CEIA)    Strategic Environmental Impact Assessment (SEIA)    Sectoral Environment Impact Assessment    Regional Environmental Impact Assessment

3. Rapid EIA   The Rapid EIA is a widely used methodology, which would mainly use available data along with baseline Environmental data collected for one season (preferably winter), for evaluating all possible impacts on the components of Environment.   Winter season is considered as the critical meteorological situations for Air Pollution, when the mean air temperature is too low and average wind speed will also be less, this condition limits the dispersion of gaseous pollutants in atmospheric air thus increasing the Ground level Concentrations (GLC) of pollutants.

4. Comprehensive EIA (CEIA)   Comprehensive EIA would be required if the assessment area, period and parameters are insufficient for a well-defined decision on the establishment of a project. Meteorological Conditions like Mean Air Temperature, Wind Speed and Wind Direction (for different seasons) also play an important role in ascertaining the impact of pollutants especially when the project discharges huge quantities of Air Pollutants into the atmosphere. A comprehensive EIA would be essential for large projects or for projects with high pollution levels.

5. Strategic EIA   Strategic Environmental Impact Assessment (SEIA) is used to refer to EIA process applied to policies, plans or programmes . Strategic Environmental Assessment (SEA) is an instrument for systematic analysis of environmental, social and economic impacts of a proposed development plan. The use of SEA enables decision-makers to overcome limitations of project-level decision-making which may underestimate cumulative and synergistic impacts of multiple on-going or planned projects.

6. Sectoral EIA   Sector EIA's are used for the design of sector investment programes . They are particularly suitable for reviewing (a) sector investment alternatives (b) the effect of sector policy changes (c) institutional capacities and requirements for environmental review implementation and monitoring at the sectoral level and (d) the cumulative impacts of many relatively small, similar investments that do not merit individual project specific EIA's. Sectoral EIA should also have the objective of strengthening the environmental management capability of the several or other relevant agencies. Sectoral EIA's, may overlap with regional EIA's

7. Regional EIA   Regional EIA is a comprehensive EIA conducted for a particular region to establish the baseline Environmental status and also to assess the assimilative capacity of the region. Regional EIA's may be used where a number of similar but significant development activities with potentially cumulative impact are planned for a reasonably localised area. In such cases, regional EIA are generally more efficient than a series of project specific EIA's.

8. Environmental Impact Assessment Notification in India EIA is of comparatively recent origin in India and has become an integral part of Environmental Management by EIA notification of 1994 and its subsequent amendments by Ministry of Environment & Forests ( MoEF ), Govt. of India. The notification specifies 30 categories of projects with potential risks to degrade the Environment. The Central Government directs that on and from the date of publication of this notification in the Official Gazette, expansion or modernization of any activity (if pollution load is to exceed the existing one) or a new project as listed in Schedule 1.

9. Environmental Impact Statement (EIS) The result of an EIA is assembled in a document known as an Environmental Impact Statement (EIS), which looks at all the positive and negative effects of a particular project on the Environment. Composition of expert committee Ecosystem management Air/water pollution control Water resource management Flora/fauna conservation and management Land use planning Social sciences / rehabilitation Project appraisal Ecology Environmental health NGO representatives Subject area specialist

10. Purposes of EIA EIA is a process with several important purposes, which can be categorized as follows: To facilitate decision-making For the decision-maker, for example the local authority, it provides a systematic examination of the environmental implications of a proposed action, and sometimes alternatives, before a decision is taken To aid in the formation of development EIA can be of great benefit to them, since it can provide a framework for considering location and design issues and environmental issues in parallel. It can be an aid to the formulation of developmental actions, indicating areas where the project can be modified to minimize or eliminate altogether the adverse impacts on the environment. To be an instrument for sustainable development The key characteristics of sustainable development include maintaining the overall quality of life, maintaining continuing access to natural resources and avoiding lasting environmental damage.

11. Principle of EIA It is important to recognize that there is a general principle of assessment that applies to EIA, and to other assessment processes. There are several other processes that relate closely to the review of environmental impacts that may result from a proposed project. The following are well recognized processes: Social Impact Assessment Risk Assessment Life Cycle Analysis Energy Analysis Health Impact Assessment Regulatory Impact Assessment Species Impact Assessment Technology Assessment Economic Assessment Cumulative Impact Assessment Strategic Environmental Assessment Integrated Impact Assessment

12. EIA Study Objectives:  The objective of an EIA study is to encourage environmentally viable projects a nd to provide a second opportunity to the project proponent to rethink on:  a) Alternate Production Process with less pollutant discharge. b) Cleaner production practices. c) Data Collection for project specific environmental parameters. d) Assessing the impacts on air, water, soil, biological components, natural and man-made components of the Environment for Technological alternatives wherever possible. e) Appropriate EMS in a long term approach for industrial sustainability.

13. The Benefits of Environmental Assessment Most governments and donor agencies acknowledge the contribution of EA to improved project design. The weakness of EA in the past has been largely due to poor techniques and the failure to pay attention to findings at the implementation stage (ESSA Technologies 1994). A review of current environmental practices found the major benefits of the EA process for project sponsors to be (ESSA Technologies 1994: 16): Reduced cost and time of project implementation. Cost-saving modifications in project design. Increased project acceptance. Avoided impacts and violations of laws and regulations. Improved project performance. Avoided treatment/clean up costs.

14. The benefits to local communities from taking part in environmental assessments include: A healthier local environment (forests, water sources, agricultural potential, recreational potential, aesthetic values, and clean living in urban areas). Improved human health. Maintenance of biodiversity. Decreased resource use. Fewer conflicts over natural resource use. Increased community skills, knowledge and pride. The Benefits of Environmental Assessment

15. Categorization of projects and activities All projects and activities are broadly categorized in to two categories - Category A and Category B spatial extent of impacts impacts on natural and man made resources impacts on human health

16. Requirements of prior Environmental Clearance (EC) Which projects 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

17. 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 for in this notification In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project Requirements of prior Environmental Clearance (EC)

18. Application for Prior Environmental Clearance An application seeking prior environmental clearance in all cases shall be made In the prescribed Form 1 and Supplementary Form 1A After the identification of prospective site(s) After identification of activities Submit pre-feasibility report for all and conceptual plan for construction activities

19. Stages in EC process Stage 1: Stage 2: Stage 3: Stage 4: Screening (Only for Category ‘B’ projects and activities) Scoping Public Consultation Appraisal Sequential order all of which may not apply to particular cases as set forth in this notification

20. Stage 1: Screening Only for Category B projects and activities to determine if they need EIA Category A projects compulsorily need EIA Scrutiny of an application seeking EC by SEAC for determining whether or not the project or activity requires further environmental studies Form 1 Form 1A Classify projects as B1 (require EIA) and B2 (don’t require EIA) For categorization of projects into B1 or B2, the MoEF shall issue appropriate guidelines from time to time

21. Stage 2: Scoping Who does the scoping? Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or activities State level Expert Appraisal Committee (SEAC) in the case of Category ‘B1’ projects Determine comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for preparation of an Environment Impact Assessment (EIA) Report based on on the basis of the information furnished by applicant in the prescribed application Form1/Form 1A including proposed by the applicant a site visit by a sub- group of EAC or SEAC only if considered necessary

22. In the case of Category A Hydroelectric projects TOR shall be conveyed along with the clearance for pre-construction activities If TOR not finalized and conveyed to the applicant within sixty days of the receipt of Form 1, TOR suggested by the applicant shall be deemed as the final TOR approved for the EIA studies Approved TOR shall be displayed on the website of the MoEF or the concerned SEIAA Applications for EC may be rejected at this stage itself the decision together with reasons for the same shall be communicated to the applicant Prepare EIA draft report Stage 2: Scoping

23. Stage 3: Public consultation 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 All Category ‘A’ and Category B1 projects or activities shall undertake Public Consultation A big list of exceptions

24. Public Consultation shall ordinarily have two components 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 obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects of the project Stage 3: Public consultation

25. Public hearing shall be conducted by the State Pollution Control Board (SPCB) forward proceedings to the regulatory authority concerned within 45 days If not appoint another independent organization to do the same within another 45 days If the public agency nominated reports that it is not possible to conduct the public hearing in a manner which will enable the views of the concerned local persons to be freely expressed It shall report the facts in detail to the concerned regulatory authority After due consideration of the report shall rule that the public consultation in the case need not include the public hearing Component 1: Public hearing

26. Component 2: Responses from other concerned persons Invite responses from such concerned persons by placing on their website the Summary EIA report Use other appropriate media for ensuring wide publicity about the project 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 shall not be placed on the website Make available on 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

27. After public consultation… Applicant shall address all environmental concerns expressed during this process Make appropriate changes in the draft EIA Final EIA report shall be submitted by the applicant to the concerned regulatory authority for appraisal

28. Stage 4: Appraisal Detailed scrutiny by the EAC or SEAC of 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 Appraisal of all projects or activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report (Category B2) shall be carried out on the basis prescribed application Form 1 Form 1A any other relevant information

29. EAC or SEAC shall shall recommend 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. Prescribed procedure for appraisal is given in Appendix V Stage 4: Appraisal

30. Grant or Rejection of EC The regulatory authority shall consider the recommendations of the EAC or SEAC concerned and convey its decision to the applicant The regulatory authority shall normally accept the recommendations of the Expert Committees In cases where it disagrees with the recommendations of the Expert Committee (Central or State), the regulatory authority shall request reconsideration by the Central or State Expert Appraisal Committee After reconsideration, irrespective of views of Expert Committee, decision of the regulatory authority concerned shall be final

31. Validity of Environmental Clearance Ten years in the case of River Valley projects Thirty years for mining projects Five years in the case of all other projects and activities Area Development projects and Townships, the validity period shall be limited only to such activities as may be the responsibility of the applicant as a developer

32. Summary of EIA process and Rough Timelines Submission of application (Form 1, prelim reports) Stage 1: Screening; Decide project A, B1 or B2 Stage 2: Scoping; Come up with Terms of Reference (TOR) Prepare preliminary EIA report Stage 3: Public consultation (2 components) Stage 4: Appraisal Final Decision 60 days 45 days 60 days 15 days 30 days Investor Expert Committee Investor State Pollution Control Board Expert Committee Regulatory Authority Who does it? Update EIA report (Investor)

33. Loopholes and deficiencies Stage 1 - Screening Based on info (form 1, 1A) supplied by investor Pre-feasibility report and conceptual plan - no guidelines or requirements, thereby no need to address environmental issues Stage 2 - Scoping No public participation in scoping process - local knowledge about what environmental concerns should be investigated is not given consideration Strict timeline – not a continuous process Biased in securing favorable Terms of Reference (TOR) for investors Access to TOR limited

34. Stage 3 – Public consultation Unclear wording and definitions Can be avoided if regulatory agency feels it difficult to conduct it owing to local situation local affected persons having plausible stake in impact of project Public consultation shall ordinarily have two components Other concerned persons having plausible stake shall submit responses only in writing Hearing shall be conducted at the site or in its close proximity No quorum required for holding public consultation Huge list of exemptions for certain types of projects that cause deep environmental impact without justification Weak wording that widens the scope of these exemptions Tight timeline: 45 days from the time requested by the investor Loopholes and deficiencies

35. Limiting access to information Only summary EIA report made available, not the full EIA with all TOR from the scoping process Confidential information need not be disclosed in summary EIA Publicity Use of internet as the main means No definition on how publicity should be carried out Erosion of constitution of panel conducting public hearing EIA 2006 mentions only District Magistrate and a representative of SPCB EIA 1994 had District Collector, representatives of state dealing with the project, reps from panchayats, senior citizens from the area, reps of SPCB Loopholes and deficiencies

36. Stage 4: Appraisal No public participation Arguments between regulatory authority and expert committee made known only to investor and not to public Iron hand given to regulatory authority to make final decision – Expert committee opinion can be disregarded Deemed Clearance: Incase decision is not given within the prescribed timelines, applicant may proceed as though clearance has been granted or denied Loopholes and deficiencies

37. Identifies rational technologies for pollution control, based on statutory requirements, status of down stream receiving bodies and long term action plan for sustainable development.   2. Environmental Management Plan is a concluding part of an EIA study which defines the scope for feasibility of a project depending on the adverse effects and techno-economical mitigation measures available to the project proponent. Mitigation measures or Environmental Management System

38. Advantages of EIA Though EIA is considered as a mandatory procedure for meeting the statutory requirements, it has many inbuilt advantages to the project proponent and to the society. Few of the advantages are:   More environmental sustainable design. Better compliance with statutory standards. Savings in capital and operating costs. Reduced time and costs for obtaining clearances. Avoid later plant adaptations. Reduced health cost. Increased project acceptance.

39. CONCLUSION EIA study is a valuable tool for identifying the potential impacts on Environment and to source appropriate technologies for mitigating the impacts to tolerable levels. The effort put in by professionals in collecting as much technical details as possible about the project, the Baseline Data, Meteorological Data etc., will be of great use in defining a problem with better clarity for a realistic solution. EIA is a legal document and any attempt to provide wrong facts or down playing of relevant information is an offence. Many project proponents consider investment for an EIA study as a burden and settle for economical rates and ultimately end up with inordinate delays for want of factual data by the authorities. EIA Study is a protective weapon against vested interest groups and will defend scientifically and legally the right for existence of an Environment friendly project.

40. EIA 2020 WHY THE DRAFT NEEDS REVALUATION The new draft Environment Impact Assessment (EIA) 2020 proposed by the Union government is a regressive departure from the 2006 version that it seeks to replace. It is an attempt to weaken environmental regulation and silence affected communities. The draft seems to favour the industries and seems to be largely neglecting the balance between sustainable development and environment protection. The Union government, on the contrary, argues that the new draft will reinforce transparency and expedite the process.

41. LOOPHOLES in EIA draft 2020 I f a project has come up without environment safeguards or without getting environment clearances, it could carry out operation under the provision of the new draft EIA 2020. This is disastrous because we already have several projects that are running without EIA clearances. An example is the LG Polymer Plant in Vishakhapatnam, where the styrene gas leak happened on May 7. It was revealed that the plant had been running for over two decades without clearances. There are also two crucial ways in which the new draft endeavours to take power away from communities. First, it reduces the space available for public participation, thereby abandoning public trust. Public participation has been crucial in the EIA process and has significantly helped communities to not only get information about the projects being proposed in their areas, but also to speak about their concerns regarding the projects.