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MODULE 2

Environmental clearance process in India: Screening, Scoping, Public Consultation,

Appraisal; Form1-Category of projects-Generic structure of EIA report- Terms of Reference
(ToR) -Types of EIA: strategic, regional, sectoral, project level- Rapid EIA and
Comprehensive EIA- Initial Environmental Examination (IEE)

2.1 Environmental clearance process in India

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: It 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.
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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 aim 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.

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.
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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
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2.2 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
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 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.

2.3 Major Elements of 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)

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 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

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 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 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.

Stage 4: Appraisal
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 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

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EIA Classification

EIA is also 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.

i. 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.
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ii. 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.

iii. 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.

iv. 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.
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Terms of Reference (TOR)

The Terms of Reference is prescribed for Project seeking Environmental Clearance (EC)
under the provision of the Environment Impact Assessment Notification, 2006. There has
been persistent demand of the industry and user agencies that the TOR for all the sectors
requiring EC should be standardized as determining TOR for every case individually is time
consuming and after arbitrary. The standardization of TOR is a major step forward in
rationalizing the process of Environmental Clearances. This will reduce delays, remove
arbitrariness and make the system transparent. The standard TOR have been developed by the
inputs from experts and have been recommended by the EACs of the respective sectors.
Standardization of the TOR will enable the Project Proponent to commence the EIA study
after successful online registration. The EAC/SEAC will have the right and the responsibility
of stipulating additional TOR in specific Projects considering its project features within 30
days of the online registration of the proposals. The Standard Terms of Reference has been
prepared for guiding the Project Proponent on preparation of EIA / EMP Report and
expediting the process of Environmental Clearance without compromising environmental
norms and the rigor of environment impact assessment.

TOR or Terms of Reference is a document produced by the authority conducting the EIA
study. It is formed during Scoping, the second stage in the EIA process. All the stakeholders
are invited to submit their concerns regarding the project during a public hearing organized
by the EIA committee, which is followed by discussions and deliberations. The finalized list
of this stage of EIA is submitted to the Ministry in the form of TOR.

TOR is an important document in the process of EIA because it sets the guidelines for the
study. A TOR is drawn up with the following questions in mind.

Content of TOR

1. The purpose of the study/project.

2. The extent of the study.
3. The stakeholders’ requirements; each stakeholder looks at different aspects of the
project differently. Complex information needs to be explained appropriately.
4. TOR highlights the points that need to be covered (the TOR itself does not elaborate
on these points unless required) during the EIA study, which include:
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5. A description of the project, it’s purposes and extent.

6. All the agencies responsible in the developmental project and the EIA study.
7. A description of the existing environmental conditions in the project site and
surrounding areas.
8. The stakeholders that will be benefited and harmed by the fulfillment of the project.
9. The environmental aspects the project is likely to affect.
10. The impacts, both positive and negative, the project will have on the environmental
and social aspects of the project area. This is undertaken
through checklists, matrices or networks.
11. A list/description of the species endemic to the area, which are likely to be affected.
12. How in-depth does the EIA study need to be: whether baseline data is available or
whether the study be sourced from secondary data.
13. Possible alternatives for the project in terms of design, site, technology,
implementation, etc.
14. The legal requirements of the project and future legislation that need to be drafted.
15. If the project site comes under special categories, and the legislation regarding the
same.
16. Recommended mitigation strategies.
17. The expertise required for the EIA study.
18. The expected time limit for the entire EIA study.
19. Natural Resource Valuation (NRV), if possible.
20. The budget of the study, also called cost-benefit analysis.

It is important that the TOR be drawn up exhaustively to ensure that the EIA study carried
out is effective in warding off as much environmental damage as possible. TORs take about
45 days to prepare in today’s EIA studies.

GENERIC STRUCTURE OF EIA DOCUMENT

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