MODULE 1

SYLLABUS: Definition, Need for EIA, Evolution of EIA: Global & Indian
scenario – Environmental Legislations in India- The Water ( Prevention &
Control of Pollution) Act 1974, The Air ( Prevention & Control of Pollution)
Act 1981, The Environmental ( Protection ) Act 1986 – Environmental
standards for water, air and noise quality – EIA Notification 2006.

DEFINITION OF EIA: Environmental impact assessment (EIA) is a process of identifying,

predicting, evaluating and mitigating the biophysical, social, and other relevant effects of
proposed projects and physical activities prior to major decisions and commitments being
made.

An impact can be defined as any change in the physical, chemical, biological, cultural or
socio-economic environmental system as a result of activities relating to a project.

 EIA planning tool, helps planner in predicting future impacts of different

developments.

 EIA must be conducted for projects like highways, airports, canals, dams, power
plants etc. which disturb environment.

 Applicable for developmental activities which involves plans, programmes and

policies.

Salient features of EIA

 It identifies the possible positive and negative impacts which may be short term and
long term.

 It provides a plan which will reduce the negative impacts of a project. This plan may
be a project alternative or project modification or environmental protection measures
which reduces negative impacts.

 It measures the level of plan implementation and the degree of effectiveness of

environmental protection measures.
 Purpose/Need of EIA

 When a new project starts in an area, it will disturb the environmental equilibrium,
so that EIA is necessary to know whether the project should be started or not.

 To maintain quality of environment it is essential to study impacts of project on

environment.

 EIA also suggests remedial measures for the pollution caused by the project, thereby
we can implement pollution control methods (eg. Treatment units) along with the
project.

 The opinion of public is considered for conducting EIA, so the decision taken about
the commencement of new project will be more environment friendly.

Goals of EIA

 Resources conservation

 Waste minimization

 Recovery of by product

 Efficient use of equipment

 Sustainable development

EVOLUTION OF EIA

Evolution of EIA worldwide

 First introduced in United States of America through its National Environmental

Protection Act (NEPA) of 1969.

 Canada, Australia, the Netherlands and Japan adopted EIA legislation in 1973, 1974,
1981 and 1984, respectively.

 In July 1985, the European Community (EC) issued a directive making environmental
assessments mandatory for certain categories of projects.

 In Asia and the Pacific region, Thailand and the Philippines have long established
procedures for EIA.

 EIA was made mandatory in Sri Lanka in 1984.

  The EIA process in Africa is sketchy, although a number of nations including Rwanda,
Botswana and Sudan have some experience of EIA.

 The Organisation for Economic Co-Operation and Development (OECD) issued

recommendations on EIA to its constituent States in 1974 and 1979, and for
development aid projects in 1986. OECD issued guidelines for good practices in EIA
in 1992

 United Nations Environment Programme (UNEP) in 1980 provided guidance on EIA

of the development proposals and supported research on EIA in developing countries.
UNEP, in 1987, set out goals and principles of EIA for the member countries and
provided guidance on basic procedures for EIA in 1988.

 The World Conservation Strategy pinpointed the need to integrate environmental

considerations with development in 1980.

 EIA became an integral part of World Bank policy in 1987.

 Asian Development Bank in 1990 published guidelines for EIA Importance.

Evolution of EIA in India

EIA in India was started in 1976-77, when the Planning Commission asked the
Department of Science and Technology to examine the river-valley projects from the
environmental angle. This was subsequently extended to cover those projects, which required
approval of the Public Investment Board. These were administrative decisions, and lacked the
legislative support.

The Government of India enacted the Environment (Protection) Act on 23rd May 1986.
To achieve the objectives of the Act, one of the decisions taken was to make EIA statutory. After
following the legal procedure, a notification was issued on 27th January 1994. The Government
of India under Environment (Protection) Act 1986 issued a number of notifications, which are
related to the environmental impact assessment Revised EIA Notification in September 2006.

These are limited to specific geographical areas, and are summarised below:

 Prohibiting location of industries except those related to Tourism in a belt of 1 km from

high tide mark from the Revdanda Creek up to Devgarh Point (near Shrivardhan) as
well as in 1 km belt along the banks of Rajpuri Creek in Murud Janjira area in the
 Raigarh district of Maharashtra (6th January 1989).

 Restricting location of industries, mining operations and regulating other activities in

Doon Valley (1st February 1989).

 Regulating activities in the coastal stretches of the country by classifying them as

coastal regulation zone and prohibiting certain activities (19th February 1991).

 Restricting location of industries and regulating other activities in Dahanu Taluka

(forest land, mangroves) in Maharashtra (6th June 91).

 Restricting certain activities in specified areas of Aravalli Range in the Gurgaon

district of Haryana and Alwar district of Rajasthan (7th May 1992).

 Restricting industrial and other activities, which could lead to pollution and
congestion in the north west of Numaligarh in Assam (July 1996).

Administrative aspects - India is the first country in the world to provide protection and
improvement of the environment in its Constitution.

STEPS IN EIA PROCESS

EIA represents a systematic process that examines the environmental consequences of the
development actions, in advance. The Entire EIA procedure can be divided into 2
complementary tasks:

1. The Initial Environmental Examination (IEE)

2. Full Scale Environmental Impact Assessment (EIA)

The Initial Environmental Examination (IEE)

 It is the process of reviewing the environmental integrity of projects to determine

whether EIA level studies should be conducted.

 This is used to determine which project require full scale EIA.

 This is done to minimize the effort, expense and delay in project planning.

 In IEE, the environmental effects of proposed project are evaluated in limited budget
based o available recorded information and professional judgement.

 IEE is a means of providing the most efficient and feasible preparation of adequate
environment management plans with or without the requirement of a full scale EIA.
 Full Scale Environmental Impact Assessment (EIA)

 It is a multidisciplinary approach to impact assessment.

 Potential impacts in all areas are considered.

 Professional assessment of impacts on natural resources, air quality, neighbourhood

effects must be quantified.

Impact Assessment methods are classified as:

1. Scope identification method

The dimension and different types of impacts, duration of impact and areas which are
affected by the impact are identified. Impacts are affected on natural environment (air,
water, land, noise, flora, fauna etc.) and man-made environment (socio-economic
aspects, aesthetics, transportation etc.)

2. Prediction method

It will define the quantity on impact on a special environment. Forecasting of impacts

on environment over a time period.

3. Evaluation

Critical assessment of impacts is done and evaluate the least environmentally damaging
alternatives.

The EIA process involves a number of steps, some of which are listed below:

Project screening: screening often results in a categorization of the project and from this a
decision is made on whether or not a full EIA is to be carried out.

Scoping: is the process of determining which are the most critical issues to study and will
involve community participation to some degree. It is at this early stage that EIA can most
strongly influence the outline proposal.

The key benefits of scoping include:

 early stakeholder identification, engagement, input and identification of issues of

concern;
 an assessment focused on key, likely significant impacts on known biodiversity, their
inter-relationships and sensitivities;
  early identification of existing data and data gaps;
 early identification of the need for seasonally dependent surveys so that they can be
accommodated in the schedule of work.
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.

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.

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.

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.

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.

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

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.

Projects or programmes have significant impacts on the local population. Whilst the aim
is to improve the well being of the population, a lack of understanding of the people and their
society may result in development that has considerable negative consequences. More
significantly, there may be divergence between national economic interests and those of the
local population. For example, the need to increase local rice production to satisfy increasing
consumption in the urban area may differ from the needs as perceived by the local farmers. To
allow for this, public participation in the planning process is essential. The EIA provides an
ideal forum for checking that the affected public have been adequately consulted and their
views taken into account in project preparation.

The level of consultation will vary depending on the type of plan or project. New
projects involving resettlement or displacement will require the most extensive public
participation. As stated before, the purpose of an EIA is to improve projects and this, to some
extent, can only be achieved by involving those people directly or indirectly affected. The value
of environmental amenities is not absolute and consensus is one way of establishing values.
Public consultation will reveal new information, improve understanding and enable better
choices to be made. Without consultation, legitimate issues may not be heard, leading to
conflict and unsustainability.

The community should not only be consulted they should be actively involved in
environmental matters. The International Union for the Conservation of Nature, IUCN
promotes the concept of Primary Environmental Care whereby farmers, for example, with
assistance from extension services, are directly involved in environmental management. The
earlier the public are involved, the better. Ideally this will be before a development proposal is
fully defined. It is an essential feature of successful scoping, at which stage feedback will have
the maximum influence. Openness about uncertainty should be a significant feature of this
process. As the EIA progresses, public consultation is likely to be decreased though it is
important to disseminate information. The publication of the draft Environmental Impact
Statement (EIS), will normally be accompanied by some sort of public hearing that needs to be
chaired by a person with good communication skills. He/she may not be a member of the EIA
team.

There are no clear rules about how to involve the public and it is important that the
process remains innovative and flexible. In practice, the views of people affected by the plan
are likely to be heard through some form of representation rather than directly. It is therefore
important to understand how decisions are made locally and what are the methods of
communication, including available government extension services. The range of groups
outside the formal structure with relevant information are likely to include: technical and
scientific societies; Water User Groups; NGOs; experts on local culture; and religious groups.
However, it is important to find out which groups are under-represented and which ones are
responsible for access to natural resources, namely: grazing, water, fishing and forest
products. The views of racial minorities, women, religious minorities, political minorities and
lower cast groups are commonly overlooked, (World Bank, 1991).

There has been an enormous increase in the number of environmental NGOs and
"Green" pressure groups throughout the world. Such organizations often bring environmental
issues to the attention of the local press. However, this should not deter consultation with such
organizations as the approach to EIA should be open and positive with the aim of making
improvements. Relevant NGOs should be identified and their experience and technical capacity
put to good use.

EIS presentation: This is a vital step in the process. If done badly, much good work in the EIA
may be negated.

Review: This involves a systematic appraisal of the quality of the EIS, as a contribution to the
decision-making process.

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.

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.

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.
Environment Impact Assessment (EIA) Notification 2006

The required construction of new projects or activities or the expansion or modernization of

existing projects or activities listed in the Schedule to this notification entailing capacity
addition with change in process and or technology shall be undertaken in any part of India
only after the prior environmental clearance from the Central Government or as the case may
be, by the State Level Environment Impact Assessment Authority.

It includes

Schedule 1: List of projects requiring environmental clearance from central government.

Schedule 2: (Application form) industry should submit application form for the environmental
clearance to Union Ministry of Environment and Forests.

Schedule 3: (composition of expert committee for giving environmental clearance). Experts

from various disciplines including air pollution, risk analysis, social service, NGOs,
economics, water pollution, etc. constitute this committee.

Schedule 4: Procedure for public hearing.

 All projects and activities are broadly categorized in to two categories - Category A
and Category B based on

 spatial extent of impacts

 impacts on natural and man-made resources

 impacts on human health

Projects listed in the schedule to notification (as Category A and B projects) require EIA. Some
of the projects are given in the following table.

Project Category A Category B

Mining of minerals  50 ha. of mining lease <50 ha

area

Offshore and onshore oil and gas All

exploration, development & production

River Valley projects (i)  50 MW hydroelectric (i) < 50 MW  25

 power generation MW hydroelectric
power generation

Thermal Power Plants  500 MW < 500 MW

(coal/lignite/naphta & gas (coal/lignite/naptha
based); & gas based);

Nuclear power projects and processing All

of nuclear fuel

Cement plants  1.0 million tonnes/annum <1.0 million

production capacity tonnes/annum
production
capacity.

Petroleum refining industry All

Asbestos milling and asbestos based All

products

Soda ash Industry All

Chemical fertilizers All

Manmade fibres manufacturing Rayon Others

Requirements of prior Environmental Clearance (EC)

 Category A projects: EC is done by Central Government in the Ministry of Environment

and Forests(MoEF)-Based on the decisions on the recommendation by Expert
Appraisal Committee (EAC).

 Category B projects: EC is done by 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.

SEIAA shall be constituted by the Central Government

o comprising of three Members

o Chairman and a member–secretary to be nominated by the State Government

or the Union territory Administration

o All decisions of the SEIAA shall be unanimous and taken in a meeting

An application seeking prior environmental clearance in all cases shall be made

Stages in Environmental Clearence process (EC)

 Stage 1: Screening (Only for Category ‘B’ projects and activities)

 Stage 2: Scoping

 Stage 3: Public Consultation

 Stage 4: Appraisal

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.

 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.

Stage 2: Scoping

 Who does the scoping?

o Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or

activities
 o 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

o on the basis of the information furnished by applicant in the prescribed

application Form1/Form 1A including

o proposed by the applicant

o a site visit by a sub- group of EAC or SEAC only if considered necessary

Stage 3: Public consultation

 Process by which the concerns of local affected persons and others who have
reasonable stake in the environmental impacts of the project or activity are determined

 All Category ‘A’ and Category B1 projects or activities shall undertake Public
Consultation

 Public Consultation shall ordinarily have two components

1. public hearing at the site or in its close proximity- district wise, to be

carried out in the manner prescribed in Appendix IV, for determining
concerns of local affected persons

2. obtain responses in writing from other concerned persons having a

reasonable stake in the environmental aspects of the project

Component 1: Public hearing

 Public hearing shall be conducted by the State Pollution Control Board (SPCB)

o forward proceedings to the regulatory authority concerned within 45 days

o 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

o It shall report the facts in detail to the concerned regulatory authority

o After due consideration of the report shall rule that the public consultation in
the case need not include the public hearing

Component 2: Responses from other concerned persons

 Invite replies 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

After public consultation…

 Applicant shall address all environmental concerns expressed during thisprocess

 Make appropriate changes in the draft EIA

 Final EIA report shall be submitted by the applicant to the concerned regulatory
authority for appraisal.

Stage 4: Appraisal

 Detailed scrutiny by the EAC or SEAC of

o documents like the Final EIA report

 o outcome of the public consultations including public hearing proceedings

o submitted by the applicant to the regulatory authority concerned for grant of

environmental clearance

o 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

 EAC or SEAC 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

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

 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

 If decision not granted within stipulated time, the applicant may proceed as if the
environment clearance sought for has been granted or denied by the regulatory
authority in terms of the final recommendations of the Expert Committee concerned

 Careful 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

 Rejection of an application or cancellation of a prior environmental clearance already

granted shall be decided by the regulatory authority, after giving a personal hearing to
the applicant, and following the principles of natural justice

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