Environmental Impact Assessment

(EIA)

Introduction
A tool that seeks to ensure sustainable development through the evaluation of those impacts, arising from a major activity, that are likely to have significant environmental effects

 The phrase Environmental Impact Assessment comes from Sec. 102 (2) of the National Environmental Policy Act (NEPA), 1969, USA Early examples include Napoleons 1910 decree which divide noxious occupations in 3 different categories. Has become a requirement in more than 100 countries In India, EIA came into existence around 1978-79, but was made mandatory in 1994 under the Environmental Protection Act of 1986

Legal Provisions of the EIA

Four objectives: Predict environmental impact of projects Find ways & means to reduce adverse impacts Shape the projects to suit local environment Present the predictions & options to the decisionmakers

Expected to cover at least the following matters: Description of the proposed activities Description of the base environmental & climatic conditions & potential affected environment including specific information necessary to identify & assess the environmental effect of the proposed activities Analysis of the land use & land use change, waste generation, water consumption (& the existing balance), power consumption, etc. along with the social & health impacts (in terms of no. of people displayed, etc.) Description of the practical activities as appropriate

 An assessment of the likely potential environmental impacts of the proposed activity (like air pollution, noise generation, etc.) & the alternatives, including the direct, or indirect, cumulative, short-term & long-term effects A risk assessment report & disaster management plan to mitigate adverse environmental impacts of proposed activity & assess of those measure An indication of the likely area to be affected by the proposed activity or its alternatives A detailed environmental feasibility report of all the information provided

Legal Provision for Public Participation in India

A major amendment to EIA Notification was made in April 1997 for introduction of Public Hearing (PH) as a part of assessment procedure for ensuring participation of local people and stakeholders in various proposed development activities Public hearings are called for in projects involving a large displacement of residents or severe environmental impacts Project proponents are required to provide the SPCB with an executive summary of the project "containing the salient features of the project both in English and local languages

Administrative Arrangements of EIA

The Impact Assessment Agency (IAA) has the overall responsibility to administer, & enforce the provisions related to EIA To deal with projects of different sectors, 3 impact assessment divisions were constituted:
IA-I is responsible for river valley projects, major irrigation projects, & hydel power projects IA-II is responsible for industrial projects, thermal power projects & mining projects IA-III takes charge of ports & harbour projects, tourism projects, human settlements, projects in ecologically fragile areas, & communication projects

The Forest Conservation Division in the ministry examines projects that involve diversion of forestland for non-forest uses along with the IA divisions

Expert Committee for administering EIA is composed of:

Eco-system Management Air/Water Pollution Control Water Resource Management Flora/Fauna Conservation & Management Land Use Planning Social Sciences/Rehabilitation Project Appraisal Ecology Environmental Health Subject Area Specialists Representatives of NGOs/ persons concerned with environmental issues

The EIA Procedure

1. Project Proposal
To be submitted to IAA. Includes all relevant information available , including a land-use map in order for it to move to the next stage Screening.

2. Screening
Is done to see whether a project requires environmental clearance as per the statuary notifications. Proponent decides the type of project, & about requirement of Environmental Clearance

3. Scoping & Consideration of Alternatives

Detailing the terms of reference of EIA. Has to be done by the consultant in consultation with the project proponent & guidance from IAA. The areas, where the project could have significant impact, are identified. Then the likely changes on account of the construction & operation of the proposed project should be predicted

4. Base line data collection

Describes the existing environmental status of the identified study area.

5. Impact prediction and Assessment of Alternatives

A way of mapping the environmental consequences of the significant aspects of the project and its alternatives. A mitigation plan should then be drawn up & supplemented with an Environmental Management Plan (EMP) to guide the proponent towards environmental improvements. The EMP is a crucial input to monitoring the clearance conditions & therefore details of monitoring should be included in the EMP.

6. EIA Report
Should provide clear information to the decision-maker on the different environmental scenarios without the project, with the project and with project alternatives. The proponent prepares detailed Project report and provides information in logical and transparent manner. The IAA examines if procedures have been followed as per MoEF notifications.

7.Public hearing
The public must be informed & consulted on a proposed development after the completion of EIA report. The State Pollution Control Boards will conduct the public hearing before the proposals are sent to MoEF for obtaining environmental clearance. Any one likely to be affected by the proposed project is entitled to have access to the Executive Summary of the EIA.

8.Decision-making
Involves consultation between the project proponent (assisted by a consultant) & the impact assessment authority (assisted by an expert group if necessary).

9.Monitoring the Clearance Conditions

Has to be done during both construction &operation phases of a project. It is done not just to ensure that the commitments made are complied with but also to observe whether the predictions made in the EIA reports are correct or not. It also enables the regulatory agency to review the validity of predictions & the conditions of implementation of the EMP. The Project Proponent, IAA and Pollution Control Boards should monitor the implementation of conditions. The proponent is required to file once in six months a report demonstrating the compliance to IAA.

EIA Guidelines for Project Proponents

The MoEF has prepared Environmental Guidelines, to help the project proponents to work out an EIA & to bring out specific information on the environment required for environmental clearance. These guidelines basically consist of aspects regarding planning and implementation of development projects. There are specific guidelines for the following sectors:
Industry & Mining Projects Thermal Power Projects River Valley Projects New railway Projects Roadway & Highways Projects Ports & Harbours Airports Communication Projects New Towns

The critical issues focused in all these guidelines are:

Can the local environment cope with the additional waste & pollution that the project will produce? Will the project location conflict with the nearby land use or preclude later developments in surrounding areas? Can the project operate safely without serious risk of accidents or long- term health hazards? How will the project affect economic activities that are based on natural resources? Is there sufficient infrastructure to support the project? How much of the resources (such as water, energy etc) will the project consume, & are adequate supplies of these resources available? What kind of human resources will it require or replace & what will be its social impacts in the short/long-run? What damages will it in advertently cause to the national/regional assets such as natural resources, tourist areas, or historic or cultural sites, etc?

Role of Different Actors in EIA Process

EIA involves many parties, grouped by their role definition within the process Project Proponent Environment Consultant State Pollution Control Board (SPCB)/ Pollution Control Committee (PCC) Public Law Impact Assessment Agency

Responsibilities of different agencies during EIA process

Project Proponent Environment Reviewer Consultant Administrative Body (Govt., MoEF, etc.)

IAA

Public

Decides the type of project & also about Screening requirement of Environmental Clearance

Guides the proponent in the initial screening stage

Determines if the initial project description submitted is adequate

Scoping

Establish if Guidance is EIA study is provided to required & if Provides TOR proponent, if so, finalize the scope of needed the study

Project Proponent

IAA

Environment Consultant

Reviewer

Public After the completion of the EIA Report, the law requires that the public must be informed & consulted

Administrative Body (Govt., MoEF, etc.)

EIA Report

Prepares detailed project report & provides information in logical & transparent manner

Examines if procedures have been followed as per MoEF notifications , assesses the report

Has to go through the EIA Report very carefully

Baseline Conditions

Adhere to the attributes, recommended by the BIS, CPCB, & MoEF

Should be conversant with the existing legal & procedural requirements of the project

Responsible for assessing the compatibility of the proposed development with prescribed standards

Project Proponent Approach the SPCB for holding the public hearing. Obliged to respond to issues raised during the hearing

IAA

Environment Consultant

Reviewer

Public

Administrative Body (Govt., MoEF, etc.)

Public Hearing

SPCB forwards the details of public hearing to IAA

SPCB holds the public hearing as per the provisions of EIA Notification & forwards the details to IAA

Decision making

IAA assists administrati ve authority in the decisionmaking process

Justify the findings in the EIA during meetings with the expert group

Makes decisions along with IAA

Project Proponent

IAA

Administrative Environment Reviewer Public Body (Govt., Consultant MoEF, etc.)

Plays a role in the Should be monitoring Monitoring done in the process by Clearance construction examining Conditions & operation reports & phase taking further action

Should monitor the implementation of conditions

Projects Subject to EIA

Category 1:
Projects where EIA is mandatory & requires clearance from Central government. As of now, EIA clearance is required for 30 categories of industries from the central Govt.

Category 2:
Projects where EIA is mandatory & requires clearance from State Governments (full EIA may not be required). In the environmental clearance process, the documents to be submitted to MoEF are project report, public hearing report, site clearance for site specific projects, no objection certificate from State Pollution Control Board (SPCB), environmental appraisal questionnaire, EIA/EMP report, risk analysis for projects involving hazardous substance & rehabilitation plans, if more than 1000 people are likely to be displaced.

Category 3:
For these projects EIA is not necessary: Some of the projects that come under this category include defense related road construction projects in border areas, production of production of bulk drugs based on genetically engineered organisms:

Category 1

Then treat as

Environmentally Sensitive Areas

y y y y y y y y y y y y y y y y y y y y y y y y y Environmentally Sensitive areas Religious & historic places Archeological monuments/sites Scenic areas Hill resorts/mountains/hills Beach resorts Health resorts Coastal areas rich in corals, mangroves, breeding grounds of specific species Estuaries rich in mangroves, breeding grounds of specific species Gulf areas Biosphere reserves National park & wildlife sanctuaries Natural lakes, swamps, Seismic zones Tribal settlements Areas of scientific & geological interests Defense installations, especially those of security importance & sensitive to pollution Border areas (international) Airport Tiger reserves/ elephant reserves/ turtle nestling grounds Habitat for migratory birds Lakes, reservoirs, dams Streams/ rivers/ estuaries/ seas Railway lines Highways Urban agglomeration

Category 2

But if the project is located in or close to

Thermal Based Power Plants

y All capacity cogeneration plants y Captive coal & gas/naphtha based power plants up to 250 MW y Coal based power plants up to 250 MW using conventional technologies y Coal base plants up to 500 MW using fluidized bed technology y Gas/naphtha based plants up to 500 MW

Category 3 Thermal Based Power Plants

y y y y y y Defense related road construction projects in border areas Production of bulk drugs based on genetically engineered organisms Construction activities related to the projects of Department of Atomic Energy Laying of pipelines, conveying systems including transmission lines Facilities that are essential for activities permissible under CRZ-I Exploration & extraction of oil & natural gas between Low Tide Line (LTL) & High Tide Line (HTL) in areas which are not ecologically sensitive Pipeline projects Facilities for receipt & storage of Liquefied Natural Gas (LNG) Facilities for LNG re-gasification Others not elsewhere listed like Health programs, education programs, environmental awareness, nutritional programs, etc.

But if the project is located in or close to

y y y y

Category 1
Specific Exemptions / Characteristics (if any) None None None Except minor ports & harbors None None None None None None

Type of Project Nuclear Power & related projects River Valley Projects Ports, Harbours, Airports Petroleum Refineries including crude & product pipelines Synthetic rubber Chemical fertilizers, nitrogenous & phosphatic Pesticides (Technical) Petrochemical Complexes & intermediates Bulk Drugs & Pharmaceuticals Exploration for oil & gas & their production, transportation & storage

Type of Project Asbestos & asbestos products Primary metallurgical industries, & electric arc furnaces Hydrochloric acid & its derivatives Chloro alkali industry Integrated paint complexes, manufacture of resins & raw products Viscose Staple fiber & filament yarn Storage batteries

Specific Exemptions / Characteristics (if any) None None None None None None None Between 200-500 meters of high water line & at locations with an elevation of more than 1000 meter, with an investment of more than Rs.5 crores None Only major minerals with leases more than 5 hectares

All tourism projects

Thermal power plants Mining projects

Type of project Highway projects Tarred roads in Himalayas &/or forest areas Distilleries Raw skins & hides Pulp, paper, & newsprint Dyes Cement Foundries Electroplating Meta amino phenol

Specific Exemptions / Characteristics (if any) Except projects relating to improvement work None None None None None None Individual None None

Effectiveness of Public Participation in India

The purpose of EIA should not be just to assess impacts and complete an environmental impact statement (EIS); it is to improve the quality of decisions Through informing the public the project proponent can make environmentally sensitive decision by being aware of a project's potential adverse impacts on the environment Another purpose of EIA is to inform the public of the proposed project and its impacts. In this context public participation provides crucial information Through their participation the project proponent will be able to take advantage of the information that citizens contribute concerning values, impacts, innovative solutions and alternatives The literature puts forth four basic positions:

 Public participation is regarded as proper, fair conduct of democratic government in public decision-making activities Public participation is widely accepted as a way to ensure that projects meet citizens' needs and are suitable to the affected public The project carries more legitimacy, and less hostility, if potentially affected parties can influence the decision-making process Finally, the final decision is `better' when local knowledge and values are included and when expert knowledge is publicly examined Alienated citizens tend to delay the implementation of the project though time consuming legal action if they feel that their rights are curbed through project implementation. Therefore, the project proponent needs to consider not only the risks of including versus avoiding citizen input, but also the potential benefits of establishing a long term co-operative relationship with citizens.

Scope of Public Participation in India

Public participation in India occurs too late in the decision-making process and at this stage it is not possible to influence any of the characteristics of the project (like type, size or location). Though the public is involved at the hearing stage, here it is merely a formality as by this time the project proponent more or less has decided to go ahead with the project. The objective of public involvement at this stage may be just to defend a decision that has already been made. So far, citizen involvement in India has been limited to public hearing stage, legal action to halt the project or to force the inclusion of mitigation measures The later that public participation occurs in the EIA process, the higher the risk that public comments will only minimally influence the final decision. Furthermore, there is no indication of how public input provided at the hearings is going to be used in the decision making process

Conclusion to EIA
The literature reveals that the EIA Notification contains many of the key elements found in most processes throughout the world including screening, scoping, comprehensive study, progress reports, review, decision and follow-up However, from the lack of reference to project need, purposes and alternatives, a reasonable inference is that the process reflects a narrowly focused, technical approach, rather than the more broad, open and anticipatory approach called for in some quarters EIA is still in its early stages of development and that India lacks many of the institutions and knowledgeable government officials necessary to make the process work properly However, EIA's are controversial in India because of little participatory democracy in the formulation and implementation of environmental legislation

 Another major improvement required is in the area of public involvement. There has been dilution of previous notifications especially regarding public participation First, public involvement needs to begin before project planning and decision-making are too far along to be influenced The decision to participate must be genuine. Otherwise, public participation becomes a procedural exercise rather than a substantive democratic process Second, public involvement can be used to create a project that is more suitable to, and accepted by, the public. Suitability should depend on public opinions and needs Third, public input can be a crucial and valuable source of expertise before, during and after project planning and decisionmaking

It can be easily concluded that a lot many changes are still required to make the EIA in India work efficiently & effectively. For once, the EIA legislation must be more explicit in defining the affected area according to potential socio-economic impacts, & only the authority competent in evaluating socio-economic effects should be given the responsibility

Thank You!
Abhishake Yadav (04) Bhakti Deshmukh (32) Deepanshu Agarwal (38) Devilal Sharma (40) Devrishi Mendiratta (41) Hershita Singh (56) Section T, 7th Semester B.Tech. (Biotechnology) 2005-09