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MODULE 1

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

1.1 ENVIRONMENTAL IMPACT ASSESSMENT (EIA)- Definition

Ministry of Environment & Forests (MoEF), Government of India defined Environmental

impact assessment (EIA) as 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.

1.2 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.

1.3 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.
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 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 (e.g. 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.

1.4 Goals of EIA

 Resources conservation
 Waste minimization
 Recovery of byproducts
 Efficient use of equipment
 Sustainable development

1.5 EVOLUTION OF EIA

1.5.1 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.
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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.
1.5.2 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 MurudJanjira
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).
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 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

1.6 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.

EIA -1994 Notification

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.

EIA -2006 Notification

 List of developmental projects and activities which require prior environmental

clearance (given in Schedule I) was expanded.

 A State level Environmental Impact Assessment Authority (SEIAA) consisting of

three members to be constituted by the Govt. of India

 All developmental projects requiring prior environmental clearance (given in

Schedule I) categorized under two heads-based on potential impact

 Expert committee (EC) as per 1994 EIA Notification was re-designed as Expert
Appraisal Committee (EAC) as per 2006 EIA Notification.
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 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 ³ 50 ha. of mining lease <50 ha
area
Offshore and onshore oil and gas All
exploration, development & production
River Valley projects (i) ³ 50 MW hydroelectric (i) < 50 MW ³ 25
power generation MW hydroelectric
power generation
Thermal Power Plants ³ 500 MW < 500 MW
(coal/lignite/naphta& gas (coal/lignite/naptha&
based); gas based);
Nuclear power projects and processing All
of nuclear fuel
Cement plants ³ 1.0 million <1.0 million
tonnes/annum production tonnes/annum
capacity 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

1.6.1 Requirements of prior Environmental Clearance (EC)

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 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

1.7 MAJOR ENVIRONMENTAL LAWS.

1.7.1 The Water (Prevention and Control of Pollution) Act of 1974

and Amendment, 1988

The main objective of this act is to provide prevention and control of water pollution and

maintaining or restoring of wholesomeness and purity of water (in the streams or wells or

on land).

As such, all human activities having a bearing on water quality are covered under this Act.

Subject to the provisions in the Act, no person without the pervious consent of the State
Pollution Control Board (SPCB) can establish any industry, operation or any treatment and
disposal system or an extension or addition there to which is likely to discharge sewage or
trade effluent into a stream or well sewer or on hand and have to apply to the SPCB
concerned to obtain the ‘consent to establish’ as well as the ‘consent to operate’ the industry
after establishment.
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Some important provisions of this Act are given below:

 The Act vests regulatory authority in State Pollution Control Boards and
empowersthese Boards to establish and enforce effluent standards for factories
discharging pollutants into water bodies. A Central Pollution Control Board performs
the same functions for Union Territories and formulate policies and coordinates
activities of different State Boards.
 The State Pollution Control Boards control sewage and industrial effluent discharges
by approving, rejecting or impose conditions while granting consent to discharge.
 The Act grants power to the Board to ensure compliance with the Act by including the
power of entry for examination, testing of equipment and other purposes and power to
take the sample for the purpose of analysis of water from any stream or well or
sample of any sewage or trade effluents.
 Prior to its amendment in 1988, enforcement under the Water Act was achieved
through criminal prosecutions initiated by the Boards, and through applications to
magistrates for injunctions to restrain polluters. The 1988 amendment strengthened
the Act’s implementation the pollution provisions. Board may close a defaulting
industrial plant or withdraw its supply of power or water by an administrative order;
the penalties are more stringent, and a citizen’s suit provision supports the
enforcement machinery.

The Air (Prevention and Control of Pollution) Act of 1981 and

1.7.2
amendment, 1987

To implement the decisions taken at the United Nations Conference

on the Human Environment held at Stockholm in June 1972,
Parliament enacted the nationwide Air Act. The main objectives of
this Act are to improve the quality of air and to prevent, control and
abate air pollution in the country.

Important provisions of this Act are given below:

o The Air Act’s framework is similar to that of the Water Act of 1974. To
enable an integrated approach to environmental problems, the Air Act
expanded the authority of the central and state boards established under the
Water Act, to include air pollution control.
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o States not having water pollution boards were required to set up air pollution
boards.
o Under the Air Act, all industries operating within designated air pollution
control areas must obtain a “consent” (permit) from the State Boards.
o The states are required to prescribe emission standards for industry and
automobiles after consulting the central board and noting its ambient air
quality standards.
o Act granted power to the Board to ensure compliance with the Act including
the power of entry for examination, testing of equipment and other purposes
and power to take the sample for the purpose of analysis of air or emission
from any chimney, fly ash or dust or any other outlet in such a
manner as may be prescribed.
o Prior to its amendment in 1987, the Air Act was enforced
through mild court administered penalties on violations. The
1987 amendment strengthened the enforcement machinery
and introduced stiffer penalties. Now, the boards may close
down a defaulting industrial plant or may stop its supply of
electricity or water. A board may also apply to the court to
restrain emissions that exceed prescribed limits.

Notably, the 1987 amendment introduced a citizen’s suit provision

into the Air Act and extended the Act to include noise pollution.

1.7.3 The Environment (Protection) Act of 1986

In the wake of the Bhopal tragedy, the government of India enacted the Environment
(Protection) Act of 1986. This is an umbrella Act for the protection and improvement of
environment and for matters connected, which provides that no person carrying on any
industry, operation or process should discharge or emit or permit to discharged or emitted any
environmental pollutant in excess of such standards as may be prescribed. The Act is an
“umbrella” for legislations designed to provide a framework for Central Government,
coordination of the activities of various central and state authorities established under
previous Acts, such as the Water Act and the Air Act.
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 Several rules relative to various aspects of management of hazardous chemicals,

wastes, etc. have been notified. Under this Act, Central Govt. has rusticated,
prohibited location of industries in different areas so as to safeguard the environment.
 Many standards for air emissions, discharge of effluent and noise have been evolved
and notified.
 Subject to the provision of this Act, Central Govt. has the power to take all measures
as it deemed necessary for the purpose of protection and improving the environment.
 Procedures, safeguards, prohibition and restriction on the handling of hazardous
substances along with the prohibition and restriction on the location of industries in
different areas have notified.
 In this Act, main emphasis is given to “Environment”, defined to include water, air
and land and the inter-relationships which exist among water, air and land and human
beings and other living creatures, plants, micro-organisms and property.
“Environmental pollution” is the presence of pollutant, defined as any solid, liquid or
gaseous substance present in such a concentration as may be or may tend to be
injurious to the environment. “Hazardous substances” include any substance or
preparation, which may cause harm to human beings, other living creatures, plants,
microorganisms, property or the environment.

The main provisions of this Act are given below:

 Section 3 (1) of the Act empowers the centre to “take all such measures as it seems
necessary or expedient for the purpose of protecting and improving the quality of the
environment and preventing, controlling and abating environmental pollution”.
Specifically, the Central Government is authorized to set new national standards for
the quality of the environment (ambient standards) as well as standards for controlling
emissions and effluent discharges; to regulate industrial locations, to prescribe
procedures for managing hazardous substances; to establish safeguards preventing
accidents, and to collect and dismantle information regarding environmental
pollution.
 By virtue of this Act, Central Government has armed itself with considerable powers
which include, coordination of action by state, planning and execution of nationwide
programmes, laying down environmental quality standards, especially those
governing emission or discharge of environmental pollutants, placing restriction on
the location of industries and so on.
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 The coverage of powers includes handling of hazardous substances, prevention of

environmental accidents, inspection of polluting units, research, establishment of
laboratories, dissemination of information, etc.

1.8 Air-Water- Noise Standards

1.8.1 National Ambient Air Quality Standards (NAAQS)

Revised National Ambient Air Quality Standards, the Ministry of Environment and Forest
(MoEF), Govt of India, vide gazette notification, G.S.R826 (E), dated 16.11.2009 have
notified the National Ambient Air Quality Standards by amending the Environment
(Protection) Rules 1986.

The following are the major changes have been affected.

1. As against three [(i) Industrial Area (ii) Residential, Rural & other areas (iii) Sensitive
Area] areas, the new standards are applicable for only two areas viz. (i) Industrial,
Residential, Rural, and other areas (ii) Ecologically Sensitive Area (Notified by Central
Government)

2. The Industrial area, Residential, Rural, and other areas have been clubbed, Ecologically
Sensitive area to be notified by Central Government.

3. The new parameters included are particulate matter size less than 2.5 µm OR PM2.5
µg/M3, Ozone, ammonia (NH3), Benzene, Benzo(a)pyrene (BaP), Arsenic (As) and Nickel
(Ni)

4. Ambient air quality data generated under National Ambient Air Quality Monitoring
Programme (NAMP) has been compared with revised national ambient air quality standards
for the year 2010-11
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BIS Drinking water quality standards

Noise level standards