ENVIRONMENT IMPACT ASSESSMENT

EIA Environmental Impact Assessment (EIA) is a process of :  identifying,  predicting,  evaluating and  mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made.

EIA Transparency Certainty Participation Practicability Flexibility Cost- effectiveness Credibility Accountability

Rationale of the EIA Protect environment and control pollution Environment Protection Act, 1986 and Environment Protection Rules, 1986 Section 5 Environment Protection Rules 1986: Prohibitions and restrictions on the location of industries; carrying on of processes and operations in different areas EIA 1994 Environment Protection Act 1986 EIA 2006 is supersession of EIA 1994, except in respect of things done or omitted to be done before such supersession

Requirements of prior Environmental Clearance (EC) Which projects require EC? Projects listed in the schedule to notification (as Category A and B projects) All new projects or activities listed in the Schedule to this notification Expansion and modernization of existing projects or activities listed in the Schedule to this notification Any change in product - mix in an existing manufacturing unit included in Schedule

Requirements of prior Environmental Clearance (EC) EC by whom? Category A projects: MoEF Based on decisions on the recommendation by Expert Appraisal Committee (EAC) Category B projects: At 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

EIA to be assessed as per :  Physical  Ecological  Socio-economic .. EIA REGIME

EIA regime

To ensure that significant issues are identified; project related information is gathered, alternatives are considered. To avoid biases/inaccuracies in analysis; identify local values/preferences; assist in consideration of mitigation measures; select best alternative. To consider and comment on EIA Report To monitor the implementation of EIA Report’s recommendations and decision’s conditions. To consult people likely to be affected by proposal Salient EIA Steps

contd… Stage 1 - Screening Based on info (form 1, 1A) supplied by Proponent Pre-feasibility report and conceptual plan - no guidelines or requirements, thereby no need to address environmental issues Stage 2 - Scoping No public participation in scoping process - local knowledge about what environmental concerns should be investigated is not given consideration Strict timeline – not a continuous process Biased in securing favorable Terms of Reference (TOR) for investors Access to TOR limited

Contd … Stage 3 – Public consultation Local affected persons having plausible stake in impact of project Public Consultation shall ordinarily have two components comprising of The Public Consultation shall ordinarily have two components comprising of:- public hearing at the site or in its close proximity obtain responses in writing from other concerned persons having a plausible stake in the environmental aspects

Contd … No quorum required for holding public consultation Tight timeline: 45 days from the time requested by the project proponent

Access to information EIA report made available, EIA with all TOR from the scoping process, Public Hearing, additional information Confidential information need not be disclosed in summary EIA Publicity Use of internet as the main means PP notifies through advertisement in news paper etc..

EIA process and tentative Timelines Submission of application (Form 1, prelim reports) Stage 1: Screening; Decide project A, B1 or B2 Stage 2: Scoping; Come up with Terms of Reference (TOR) Prepare preliminary EIA report Stage 3: Public consultation (2 components) Stage 4: Appraisal Final Decision 60 days 45 days 60 days 15 days 30 days Investor Expert Committee Project proponent SPCB Expert Committee Regulatory Authority Who is responsible! Update EIA report (Investor)

Other related EIA Regulations (OMs) 19 th July, 2013 Preparation and Presentation Environmental Impact Assessment (EIA) report and Environmental Management Plan (EMP) o Accreditation of consultants: The Quality Council of India (QCI) or National Accreditation Board for Education and Training (NABET) or any other agency as may be notified 19 th March, 2013: Updating information in the website of the MoEF

Contd.. 30th May, 2012: Consideration of expansion proposals for grant of Environmental Clearance under the EIA Notification, 2006: Submission of certified report of the status of compliance of the conditions stipulated in the EC from the by the RO, MoEF 30 th October, 2012: De-listing of pending projects: Additional information not received even after 6 months of the EAC meeting will be de-listed from pending projects.

18 th May, 2012: Consideration of projects for grant of environment clearance under EIA Notification, 2006, which involve forestland: Stage-I FC not submitted by the PP within the prescribed time limit will be referred to EAC for consideration 12 th December, 2012: regarding violations: Board’s Resolution, Credible Action, a time limit of 60 days, limit to EC granted or cancelled.

4 th December, 2012: Sector specific Manuals 30 th March, 2012: Consideration of projects for environmental clearance based on Comprehensive Environmental Pollution Index (CEPI) - Extension of Moratorium till further orders 20 th March, 2012: Submission of project documents and information in electronic format along with hard copy

Contd.. Coal Beneficiation draft notification: 34 % ash content on daily average basis. Use of Beneficiated coal with an Ash content not more than 34 % and gross calorific value (GCV) should not be < 4000 Kcal/kg on daily average basis Any stand alone TPP should be located beyond 500 km from the pit-head.

EIA Benefits/Flipsides BenefitsFlip sides Provides systematic methods of Impact assessment Time -consuming Estimates the cost/benefits trade-off of alternative actions Costly Facilitates the Public participation Provides an effective mechanism for  Coordination  Environmental integration  Negotiations  Feed back Title public participation in actual implementation Unavailability for reliable data (mostly in developing countries Top-level decision makingfocused on scientific analysis Triggers an institutional building Presentation of EIA report(bulky volumes, scientific explanation, sometimes difficult to understand) Achieve a balance between the impact of Developmental and environmental concern Compliance monitoring after EIA is seldom carried out Compliance to EC ConditionsJudicial process and NGO activism

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