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Environmental Clearance Process India

The document outlines the Environmental Clearance (EC) process in India, categorizing projects into Category A and B, with distinct procedures for each. It details the stages of the EC process, including screening, scoping, public consultation, and appraisal, along with the roles of various authorities involved. Additionally, it discusses different types of Environmental Impact Assessments (EIA) and the importance of Terms of Reference in guiding the assessment process.
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0% found this document useful (0 votes)
14 views52 pages

Environmental Clearance Process India

The document outlines the Environmental Clearance (EC) process in India, categorizing projects into Category A and B, with distinct procedures for each. It details the stages of the EC process, including screening, scoping, public consultation, and appraisal, along with the roles of various authorities involved. Additionally, it discusses different types of Environmental Impact Assessments (EIA) and the importance of Terms of Reference in guiding the assessment process.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as KEY, PDF, TXT or read online on Scribd

MODULE 2

Environmental Clearance Process in India


All projects and activities are broadly categorized
into two categories - Category A and
Category B based on:
▪ spatial extent of impacts
▪ impacts on natural and man-made resources
▪ impacts on human health
An application seeking prior environmental
clearance in all cases shall be made
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 at state level by the State Environment


Impact Assessment Authority (SEIAA).

The SEIAA shall base its decisions on the recommendations


of a State level Expert Appraisal Committee (SEAC)

In the absence of a duly constituted SEAC, a Category


‘B’ project shall be treated as a Category ‘A’ project.
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
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)
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 to be
carried out 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
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
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
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.
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
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
Form 1
Form 1
CLASSIFICATION OF
ENVIRONMENTAL IMPACT
ASSESSMENT
on the basis of:

purpose, spatial unit and time scale


Types of EIA

Environmental assessments could be classified into


four types i.e.,

Strategic environmental assessment

Regional EIA,

Sectoral EIA

Project level EIA.


Strategic Environmental Assessment
Strategic Environmental Assessment (SEA) refers
to systematic analysis of the environmental effects
of development policies, plans, programmes
and other proposed strategic actions before it
is implemented.

SEA represents a proactive approach to integrating


environmental considerations into the higher
levels of decision-making – beyond the project
level, when major alternatives are still open
Strategic Environmental Assessment
(contd.)
The primary objective of SEA is to ensure that
environmental considerations are integrated
into the decision-making process alongside
economic and social factors.
SEA is typically applied to large-scale projects,
policies, or programs that could have
significant and far-reaching effects on the
environment.
The SEA assesses the extent to which a given policy,
plan or programme provides an adequate response
to environmental and climate change–related
Regional EIA
EIA in the context of regional planning integrates
environmental concerns into development
planning for a geographic region.
A Regional Environmental Impact Assessment is a
comprehensive study and evaluation of the
potential environmental impacts and consequences
of a proposed project or development in a
specific geographical region.
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 fulfils the need for macro-level environmental


integration

In addition, if environmental effects are considered


at regional level, then the cumulative
environmental effects of all the projects within the
region can be accounted
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
The project-level EIA is relatively simple and
reaches to meaningful conclusions at a project
level.

Therefore in India, project-level EIA studies take


place on a largescale and are being considered
significant.

However, in the re-engineered Notification,


provisions are incorporated for giving a single
clearance for an entire industrial estate which
is a step towards the regional approach.
Sectoral EIA

Instead of project-level-EIA, an EIA takes 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 minimal.

Sectoral EIA helps in addressing specific environmental


problems that may be encountered in planning and
implementing sectoral development projects
Rapid EIA:
Rapid EIA is based on preparation of
assessment report compiled on the basis
of one season data to see the likely
environmental impacts of any proposed
development activity as per the guidelines and
requirement of the concerned departments

Rapid EIA is speedier process to complete EIA


within short period of time.

This helps to decide whether,


comprehensive EIA is required or not.
Comprehensive EIA:
Comprehensive EIA is usually undertaken after the
initial screening of rapid EIA.
More than two season data is required for analysis
and preparation of comprehensive EIA.
The purpose of comprehensive EIA is to access some
detrimental effects on the environment and
identifying potential impacts and modeling exercise
have been carried out to predict and evaluate impacts
to prepare management plan to make project eco-
friendly and sustainable.
The main difference between rapid EIA and
comprehensive EIA is the time scale.
Terms of Reference
Environmental Impact Assessment (EIA), "TOR"
stands for "Terms of Reference."

Terms of Reference are a critical part of the EIA


process, and they serve as a formal document
that outlines the scope, objectives, and
methodologies for conducting the
environmental assessment for a specific project
The Terms of Reference are typically developed
in consultation with relevant government
agencies, environmental experts, and
stakeholders.

They serve as a guide for conducting a


thorough and systematic environmental
assessment, ensuring that the EIA process is
comprehensive and in compliance with
applicable regulations.
TOR document typically contains

Project Description: The TOR document begins by


providing a detailed description of the proposed
project. It outlines the project's nature, size,
location, purpose, and any associated activities.

Purpose of the EIA: The TOR defines the main


purpose of conducting the EIA. This could
include assessing potential environmental impacts,
identifying mitigation measures, or ensuring
compliance with environmental regulations.
Scope of the Study: The TOR specifies the
boundaries of the environmental assessment. It
defines the geographical area to be studied, the specific
environmental components to be assessed (such as air
quality, water resources, biodiversity, social aspects,
etc.), and the time frame for the assessment.

Study Methodology: It outlines the methods and


procedures that will be used to collect data, analyze
impacts, and assess potential risks associated with the
project. This section may also include details on how
public consultation and stakeholder engagement
will be conducted.
Data Requirements: The TOR identifies the data and
information that need to be collected or generated
during the EIA process. This could involve baseline data
on environmental conditions, socio-economic data, and
other relevant information.
Regulatory Requirements: It specifies any legal or
regulatory requirements that the EIA must adhere
to, including environmental standards, guidelines, and
applicable laws.
Alternatives Analysis: The TOR may require an
analysis of alternative project designs, technologies,
or locations and the assessment of their environmental
and social implications.
Public Participation: The document may include
provisions for public participation and
consultation, including how and when the public
will be informed and involved in the EIA process.

Roles and Responsibilities: The TOR outlines the


roles and responsibilities of various
stakeholders involved in the EIA process,
including the project proponent, the EIA consultant
(if applicable), government agencies, and other
relevant parties.
Reporting Requirements: It specifies the format
and content of the final EIA report, including the
structure and sections that should be included.

Timelines: The TOR may include deadlines and


milestones for different stages of the EIA process,
from data collection to the submission of the final
report.

Review and Approval Process: It outlines the


procedures for the review and approval of the EIA
report, including the relevant authorities responsible
for evaluating and granting environmental clearance.
Structure of the EIA report
Executive Summary Chapter
1. Introduction Chapter
2. Description of the Project Chapter
3. Description of the Environment Chapter
4. Anticipated Environmental Impacts, and
Mitigation Measures Chapter
5. Environmental Management Plan and Post-
project Environmental Monitoring Program
Chapter
6. Emergency Response Plan (ERP)
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 broadly


divided into 2 complementary tasks:

1. The Initial Environmental Examination (IEE)

2. Full Scale Environmental Impact Assessment


(EIA)
The EIA
process
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 projects require full


scale EIA.

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


planning.

In IEE, the environmental effects of the proposed project


are evaluated in limited budget based on available
recorded information and professional judgement.

IEE is a means of providing the most efficient and feasible


preparation of adequate environment management plans with
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.
1. 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.

2. 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.

3. 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.
1. 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.

2. 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.

3. 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.
1. The prediction of impacts: This step aims to identify the
likely magnitude of the impact in the environment when the
project is implemented in comparison with the situation when
the project is not carried out.

2. 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

3. Mitigation: This involves the introduction of measures to


avoid, reduce, remedy or compensate for any significant
adverse impacts.
1. EIS presentation: This is a vital step in the process. If
done badly, much good work in the EIA may be negated.

2. Review: This involves a systematic appraisal of the


quality of the EIS, as a contribution to the decision-
making process.

3. 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.
1. 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.

2. 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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