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)
Environmental clearance process in India
Environmental clearance is a procedure to get
clearance from the government for certain projects
which cause environmental pollution.
STEPS IN EIA PROCESS
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.
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.
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
ELEMENTS OF EIA
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 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
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
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
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
Component 1: Public hearing
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
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
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
Classification
EIA is also categorised based on systematic analysis of
environmental parameters
geographical region
carrying capacity limitations and
sectoral planning.
They are
1. Strategic EIA
2. Regional EIA
3. Sectoral EIA
4. Project level EIA and
5. life cycle assessment.
Strategic EIA
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.
The global scale of the ozone and climate change problems was a
confirmation that environmental deterioration was accelerating, in spite
of the international initiatives set in motion, initially by the Stockholm
conference of 1972, and then by subsequent international forums.
By the late 1980s and early 1990s, experience of EIA over projects and
regional plans led to the recognition that EIA of policies should be
conducted on a strategic level.
A strategic environmental assessment (SEA) makes an inquiry into the
likely environmental changes (both positive and negative) resulting
from the development produced by existing, new, or revised
developmental policies, plans, and programmes.
Examples of SEA are:
policy of industrializing coastal belts;
policy of depending on hydropower rather than on thermal power
on a national basis;
The main steps of an SEA are similar to those for EIA but are applied to
the PPP(policy, planning and program) level. There is no one method for
conducting an SEA and as such, each SEA process will be different. In
general, however, the key steps include:
Screening - in an SEA is required (e.g., legislation, policies,
requirements etc.), what type of SEA is needed, when is it required.
Scoping - what is the aim of the PPP, are there any significant strategic
issues, who are the stakeholders, what is the current state of the
environment.
Impact assessment - identify all inputs into the SEA, constraints,
project impacts, opportunities and trends, develop objectives, criteria
and indicators.
Developing parameters, principles or guidelines - these are used
to guide the SEA process and can include recommendations on
addressing environmental or socio-economic impacts.
Comparing and evaluating alternative PPPs - preferred
alternative/s selected, trade-offs made, public participation
sought.
Decision-making - responsibilities and accountabilities assigned,
SIA process is checked, final decision documented.
Monitoring and review - develop an implementation plan, begin
monitoring and review of the project.
Implement the selected proposal.
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.
The scope and level of EIA need to be expanded further when regional
plans and developments are to be considered. An EIA can thus be
performed at various levels depending on the scale of a development
activity.
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.
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.
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.
Regional EIA's may be used where a number of similar but significant
development activities with potentially cumulative impact are planned
for a reasonably localized area. In such cases, regional EIA are generally
more efficient than a series of project specific EIA's.
In a large industrial estate, for example, while the individual industrial
emissions may be within tolerance limits, the cumulative effects of the
emissions can lead to a serious deterioration of the regional air quality.
Sectoral EIA
Sectoral EIA will help to address specific environmental problems that
may be encountered in planning and implementing sectoral
development projects
Sector EIA's are used for the design of sector investment programs.
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
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
Project Level EIA
Project level EIA refers to the developmental activity in isolation and the
impacts that it exerts on the receiving environment.
In many countries in the world where EIA is in place, developmental
projects such as construction of highways and expressways, ports and
harbours, hydropower projects, manufacturing industries, mining
projects, etc., undergo an environmental examination prior to being
given clearance to establish and operate.
The EIA study then recommends appropriate mitigation measures or
monitoring and management plans in the project itself.
Examples of such modifications include:
change in the alignment of a highway
· establishment of oil spill emergency operations for a port
· reducing the height of a dam;
Rapid EIA
Components of EIA Comprehensive EIA and Rapid EIA vary only in the
time scale of the data supplied.
Rapid EIA is for speedier appraisal process.
Rapid EIA achieves this through the collection of ‘one season’ data,
which ever is stressful for the project, only to reduce the time required.
But this is acceptable only if it does not compromise on the quality of
decision making
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
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.
Comprehensive Environmental Impact Assessment report has to be
submitted after the evaluation of Rapid Environmental Impact Assessment
report, if so asked by the Impact Assessment Agency.
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.
The Terms of Reference is prescribed for Project seeking Environmental
Clearance (EC) under the provision of the Environment Impact Assessment
Notification, 2006
TOR for all the sectors requiring EC should be standardized as determining
TOR for every case individually is time consuming and after arbitrary.
The standard TOR have been developed by the inputs from experts and have
been recommended by the EACs of the respective sectors.
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.
A TOR is drawn up with the following questions in mind.
The purpose of the study/project.
The extent of the study.
The stakeholders’ requirements; each stakeholder looks at different
aspects of the project differently. Complex information needs to be
explained appropriately.
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:
A description of the project, it’s purposes and extent.
All the agencies responsible in the developmental project and the EIA study.
A description of the existing environmental conditions in the project site and surrounding
areas.
The stakeholders that will be benefited and harmed by the fulfillment of the project.
The environmental aspects the project is likely to affect.
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.
A list/description of the species endemic to the area, which are likely to be effected.
How in-depth does the EIA study need to be: whether baseline data is
available or whether the study be sourced from secondary data.
Possible alternatives for the project in terms of design, site, technology,
implementation, etc.
The legal requirements of the project and future legislation that need to be
drafted.
If the project site comes under special categories, and the legislation
regarding the same.
Recommended mitigation strategies.
The expertise required for the EIA study.
The expected time limit for the entire EIA study.
Natural Resource Valuation (NRV), if possible.
The budget of the study, also called cost-benefit analysis.
GENERIC STRUCTURE OF EIA DOCUMENT