CE6180:EIA- Lecture 8

EVOLUTION OF EIA IN INDIA

DR. S.M. SHIVA NAGENDRA DEPARTMENT OF CIVIL ENGINEERING ENVIRONMENTAL AND WATER RESOURCES DIVISION INDIAN INSTITUTE OF TECHNOLOGY MADRAS Email:snagendra@iitm.ac.in

EVOLUTION OF EIA IN INDIA

Indian experience started in 1976-77 for rivervalley projects Subsequently to projects which required the approval of the Public Investment Board Till 1994, Environmental Clearance was an administrative decision and lacked legislative support

EVOLUTION OF EIA IN INDIA

In India, the first EIA was ordered, during early 1980s, on the Silent river valley hydroelectric project, which was a controversial project (Valappiletal.,1994; MoEF,2003a). This project, proposed by the Kerala State Electricity Board (KSEB) to build a 130 m high dam across the Kuntipuzha river and a reservoir, was considered a big threat to the biodiversity and forest ecosystem of the Silent valley. Later in 1985, the project was abandoned and Silent Valley was declared as a national park. This case marked a new beginning in India and since then, EIA was extended to other activities. Projects like mining, industries, hydroelectric plants, thermal power plants, atomic power plants, ports and harbours, rail, roads, highways, bridges, airports and communication project, In the late 70's, the Silent Valley project in India became a major 'environment versus development' controversy. The proposed project was to construct dam over the Kuntipuzha River in Kerala's Palghat district. As it flows through the valley, the river drops 857 meters, making the valley attractive for generating electricity. Those promoting the project claimed that it would produce 240 MW of power, irrigate 10,000 hectares of land and provide over 2000 jobs. Environmentalists, on the other hand, asserted that as home to one of the few remaining rain forests in the Western Ghats, the valley ought to remain pristine. They further contended that silent valley was one of the world's richest biological and genetic heritages.

EVOLUTION OF EIA IN INDIA

On 27 January 1994, the Union Ministry of Environment and Forests (MoEF), Government of India, under the Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental Clearance (EC) mandatory for expansion or modernization of any activity or for setting up new projects listed in Schedule 1 of the notification Since then there have been 12 amendments made in the EIA notification of 1994 The MoEF recently September 2006 notified EIA legislation in

EVOLUTION OF EIA IN INDIA

The notification makes it mandatory for various projects such as mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbours and airports) and industries including very small electroplating or foundry units to get environment clearance However, unlike the EIA Notification of 1994, the new legislation has put the onus of clearing projects on the state government depending on the size/capacity of the project.

Evolution of EIA in Relation to Project Planning

ENVIRONMENTAL LEGISLATIONS/ RULES/NOTIFICATIONS IN INDIA

1974 1975 1977 1978 1981 1982 1986 1986 1989 1989 1989 1991 1991 1991 1994 1995 1996 1997 1997 1998 1999 1999 2000 2000 2000 2006 The Water (Prevention & Control of Pollution) Act The Water (Prevention and Control of Pollution) Rules The water (Prevention & Control of Pollution ) Cess Act The water (Prevention & Control of Pollution ) Cess Rules The Air (Prevention & Control of Pollution ) Act The Air (Prevention & Control of Pollution ) Rules The Environmental (Protection) Act The Environmental (Protection) Rules The Hazardous Wastes (M&H) Rules Manufacture, Use, Import of Hazards Chemical Rules Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms or Cells Rules. The Public Liability Insurance Act The Public Liability Insurance Rules Notification - Declaring Coastal Stretches as Coastal Regulation Zone (CRZ) Notification on Environmental Impact Assessment of Development Projects The National Environmental Tribunal Act The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules The National Environmental Appellate Authority Act The National Environment Appellate Authority Rules The Bio Medical Waste (M&H) rules The Recycled Plastics Manufacture & Usage Rules Fly Ash Notification Municipal Solid Waste (M&H) Rules The Noise Pollution (Regulation & Control) Rules Ozone Depleting Substances Rules Environmental Impact Assessment Notification

ENVIRONMENTAL CLEARANCE
Under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 for imposing certain restrictions and prohibitions on new projects or activities, or on the expansion or modernization of existing projects or activities based on their potential environmental impacts as indicated in the schedule to the notification, being undertaken in any part of India, unless prior environmental clearance has been accorded in accordance with the objectives of National Environment Policy as approved by the Union Cabinet on 18th May, 2006 and the procedure specified in the EIA Notification.

EIA 2006 - CLEARANCE PROCESS

Application to MoEF (with Form I/IA and TOR Proposal)

TOR Finalization and Conducting EIA Study

Application to SPCB

Public Consultation (Hearing)

Site Inspection

Environmental Appraisal by EAC/SEAC/SEIAA

Approval by DEC/SPC Board

Environmental Clearance by EAC/SEAC/SEIAA

Consent for Establishment/Operation by SPCB

EAC: Expert Appraisal Committee SEAC: State Level Expert Appraisal Committee SEIAA: State Level Environment Impact Assessment Authority

Taking a strong stand against the construction of the 31storey Adarsh Cooperative Housing Society (ACHS) building in Mumbai, the Ministry of Environment and Forests on Sunday ordered its demolition, saying it had no authorisation and clearance. The Hindu, Jan 17, 2011 violated the CRZ Notification, 1991

IN THE EYE OF THE STORM:A view of the Adarsh Cooperative Housing Society building in Mumbai

EIA Notification
(14th September, 2006)
Requirements of Prior Environmental Clearance (EC) State Level Environment Impact Assessment Authority Categorization of Project and activities 1. All projects and activities are broadly categorized in to two categories Category A and Category B, based on the spatial extent of potential impacts and potential impacts on human health and natural and man made resources 2. All projects or activities included as Category A in the Schedule, including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of an Expert Appraisal Committee (EAC) to be constitute by the Central Government for the purposes of this notification

EIA Notification
(14th September, 2006)
Screening, Scoping and Appraisal Committees Application for Prior Environmental Clearance Form 1 The applicant shall furnish, along with the application, a copy of the pre-feasibility project report except that, in case of construction projects or activities (item 8 of the schedule) in addition to Form 1. A copy of the conceptual plan shall be provided. Stages in the Prior Environmental Clearance Process for New Projects 1. Stage (1) Screening 2. Stage (2) Scoping 3. Stage (3) Public Consultation 4. Stage (4) Appraisal

EIA Notification
(14th September, 2006)
Stage (2) Scoping The Terms of Reference (ToR) shall be conveyed to the applicant by the Expert Appraisal Committee of State Level Expert Appraisal Committee as concerned within sixty days of the receipt of Form I. If the Terms of Reference are not finalized and conveyed to the applicant within sixty days of the receipt of form 1, the Terms of Reference suggested by the applicant shall be deemed as the final Terms of Reference approved for the EIA studies. The approved Terms of Reference shall be displayed on the website of the Ministry of Environment and Forests and the concerned State Level Environment Impact Assessment Authority

EIA Notification
(14th September, 2006)
LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE
Project or Activity Category with threshold limit Conditions if any

1 (1) 1(a) (2) Mining of Minerals

1(b)

Offshore and onshore oil and gas exploration, development & production

A B Mining, extraction of natural resources and power generation (for a specified production capacity) (3) (4) (5) <50 ha General Condition shall 50 ha. of apply mining lease 5 ha .of Note area mining lease Mineral prospecting (not area. involving drilling) are Asbestos exempted provided the mining concession areas have got irrespective of previous clearance for mining area physical survey All projects Note Exploration Surveys (not involving drilling) are exempted provided the concession areas have got previous clearance for physical survey

Project or Activity

Category with threshold limit

Conditions if any

1 (1) 1(c) (2) River Valley projects

B A Mining, extraction of natural resources and power generation (for a specified production capacity) (3) (4) (5) General Condition (i) 50 MW (i) < 50 MW 25 hydroelectric MW hydroelectric shall apply power generation; power generation; (ii) 10,000 ha. of (ii) < 10,000 ha. of culturable culturable command area command area 500 MW (coal/lignite/naphta & gas based); 50 MW (Pet coke diesel and all other fuels ) < 500 MW General Condition (coal/lignite/naptha shall apply & gas based); <50 MW 5MW (Pet coke ,diesel and all other fuels )

1(d)

Thermal Power Plants

1(e)

Nuclear power projects and processing of nuclear fuel

All projects

Project or Activity

Category with threshold limit

Conditions if any

1 (1) 2. 2(a) (2) Coal washeries

2 (b)

Mineral beneficiation

A B Mining, extraction of natural resources and power generation (for a specified production capacity) (3) (4) (5) Primary processing <1million General Condition shall 1 million ton/annum apply ton/annum throughput of throughput of coal (If located within mining coal area the proposal shall be appraised together with the mining proposal) < 0.1million General Condition shall 0.1million ton/annum apply ton/annum mineral mineral throughput (Mining proposal with throughput Mineral beneficiation shall be appraised together for grant of clearance)

3. (1) 3(a)

(2) Metallurgical industries (ferrous & non ferrous)

(3) a)Primary metallurgical industry All projects

Materials Production (4)

(5)

b) Sponge iron manufacturing 200TPD c)Secondary metallurgical processing industry All toxic and heavy metal producing units 20,000 tonnes /annum

Sponge iron manufacturing <200TPD

Secondary metallurgical processing industry i.)All toxic andheavymetal producing units <20,000 tonnes /annum ii.)All other non toxic secondary metallurgical processing industries >5000 tonnes/annum <1.0 million tonnes/annum production capacity. All Stand alone grinding units

General Condition shall apply for Sponge iron manufacturing

3( b) Cement plants 1.0 million tonnes/annum production capacity General Condition shall apply

4. (1) 4(a)

(2) Petroleum refining industry Coke oven plants

(3) All projects 2,50,000 tonnes/annum All projects 300 TPD production capacityor a unit located out side the notified industrial area/ estate

Materials Processing (4) -

(5)

4(b)

<2,50,000 & 25,000 tonnes/annum -

4(c )

4(d)

Asbestos milling and asbestos based products Chlor-alkali industry

<300 TPD production capacity and located within a notified industrial area/ estate

Specific Condition shall apply No new Mercury Cell based plants will be permitted and existing units converting to membrane cell technology are exempted from this Notification Specific condition shall apply

4(e) 4(f)

Soda ash Industry Leather/skin/hide processing industry

All projects New projects outside the industrial area or expansion of existing units out side the industrial area

All new or expansion of projects located within a notified industrial area/ estate

5. (1) 5(a) 5(b)

(2) Chemical fertilizers Pesticides industry and pesticide specific intermediates (excluding formulations)

Manufacturing / Fabrication (3) (4) (5) All projects All units producing technical grade pesticides -

5(c)

5(d)

Petro-chemical All projects complexes (industries based on processing of petroleum fractions & natural gas and/or reforming to aromatics) Manmade fibres Rayon manufacturing Petrochemical based processing (processes other than cracking & reformation and not covered under the complexes) Located out side the notified industrial area/ estate -

Others

5(e)

General Condition shall apply Located in a Specific notified Condition shall industrial area/ apply estate

5. (1) 5(f)

5(g)

5(h)

Manufacturing / Fabrication (5) (2) (3) (4) Synthetic organic Located out side Located in a Specific Condition chemicals industry the notified notified shall apply (dyes & dye industrial area/ industrial area/ intermediates; estate estate bulk drugs and intermediates excluding drug formulations; synthetic rubbers; basic organic chemicals, other synthetic organic chemicals and chemical intermediates) Distilleries (i)All Molasses All Cane General Condition based distilleries juice/nonshall apply molasses based (ii) All Cane distilleries juice/ non<30 KLD molasses based distilleries 30 KLD Integrated paint All projects General Condition industry shall apply

5. (1) 5(i)

Manufacturing / Fabrication (2) (3) (4) (5) Pulp & paper Pulp Paper General Condition industry manufacturing manufacturing shall apply excluding and industry manufacturing of without pulp paper from waste Pulp& Paper manufacturing paper and manufacturing manufacture of industry paper from ready pulp with out bleaching Sugar Industry 5000 tcd cane crushing capacity All projects General Condition shall apply

5(j)

5(k)

Induction/arc furnaces/cupola furnaces 5TPH or more

General Condition shall apply

6. (1) 6(a)

(2)

6(b)

Oil & gas transportation pipe line (crude and refinery/ petrochemical products), passing through national parks /sanctuaries/coral reefs /ecologically sensitive areas including LNG Terminal Isolated storage & handling of hazardous chemicals (As per threshold planning quantity indicated in column 3 of schedule 2 & 3 of MSIHC Rules 1989 amended 2000)

(3) All projects -

Service Sectors (4) -

(5)

All projects

General Condition shall apply

7. (1) 7(a) 7(b) (2) Air ports All ship breaking yards including ship breaking units Industrial estates/ parks/ complexes/ areas, export processing Zones (EPZs), Special Economic Zones (SEZs), Biotech Parks, Leather Complexes.

Physical Infrastructure including Environmental Services (3) (4) (5) All projects All projects -

7(c)

If at least one industry in the proposed industrial estate falls under the Category A, entire industrial area shall be treated as Category A, irrespective of the area. Industrial estates with area greater than 500 ha. and housing at least one Category B industry.

Industrial estates housing at least one Category B industry and area <500 ha.

Special condition shall apply Note: Industrial Estate of area below 500 ha. and not housing any industry of category A or B does not require clearance.

Industrial estates of area> 500 ha. and not housing any industry belonging to Category A or B.

7. (1) 7(d)

7(e)

(2) Common hazardous waste treatment, storage and disposal facilities (TSDFs) Ports, Harbours

Physical Infrastructure including Environmental Services (3) (4) (5) All integrated All facilities having General facilities having land fill only Condition shall incineration &landfill apply or incineration alone 5 million TPA of cargo handling capacity (excluding fishing harbours) < 5 million TPA of cargo handling capacity and/or ports/ harbours 10,000 TPA of fish handling capacity i) New State High ways; and General Condition shall apply

7(f)

Highways

i) New National High ways; and

General Condition shall apply

ii) Expansion of National High ways greater than 30 KM, involving additional right of way greater than 20m involving land acquisition and passing through more than one State.

ii) Expansion of National / State Highways greater than 30 km involving additional right of way greater than 20m involving land acquisition.

7. (1) 7(g) (2) Aerial ropeways

Physical Infrastructure including Environmental Services (3) (4) (5) All projects General Condition shall apply General Condition shall apply General Condition shall apply

7(h)

Common Effluent Treatment Plants (CETPs) Common Municipal Solid Waste Management Facility (CMSWMF)

All projects

7(i)

All projects

8. (1) 8(a) (2) Building and Construction projects

8(b)

Townships and Area Development projects.

Building /Construction projects/Area Development projects and Townships (3) (4) (5) 20000 sq.mtrs #(built up area for and covered construction; <1,50,000 in the case of facilities sq.mtrs. of open to the sky, it will built-up area# be the activity area ) ++ Covering an All projects under area 50 ha Item 8(b) shall be and or built up appraised as area 1,50,000 Category B1 sq .mtrs ++

GENERAL STRUCTURE OF EIA REPORT (AS PER THE NOTIFICATION OF MOEF DATED 14 SEPTEMBER, 2006)

Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5. Chapter 6. Chapter 7. Chapter 8. Chapter 9. Chapter 10. Chapter 11.

Introduction Project Description Description of the Environment Anticipated Environmental Impacts & Mitigation Measures Analysis of Alternatives (Technology & Site) Environmental Monitoring Program Additional Studies Project Benefits Environmental Cost Benefit Analysis EMP Summary & Conclusion

GENERAL STRUCTURE OF EIA REPORT

Chapter 1. Introduction

Brief description of nature, size, location of the project and its importance to the Country, region Scope of the study details of regulatory scoping carried out (as per Terms of Reference)

GENERAL STRUCTURE OF EIA REPORT

Chapter 2. Project Description

Condensed description of those aspects of the project (based on project feasibility study), likely to cause environmental effects. Details should be provided to give clear picture of the following : Type of project Need for the project Location (maps showing general location, specific location, project boundary & project site layout) Size or magnitude of operation (incl. Associated activities required by or for the project Proposed schedule for approval and implementation technology and process description Project description including drawing showing project layout, components of project etc. Schematic representations of the feasibility drawings, which give information important for EIA purpose. Description of mitigation measures incorporated into the project to meet environmental standards, environmental operating conditions, or other EIA requirements (as required by the scope) Assessment of new & untested technology for the risk of technological failure

GENERAL STRUCTURE OF EIA REPORT

Chapter 3. Description of the Environment

Study area, period, components & methodology Establishment of baseline for valued environmental components, as identified in the scope Base maps of all environmental components

GENERAL STRUCTURE OF EIA REPORT

Chapter 4. Anticipated Environmental Impacts & Mitigation Measures

Details of Investigated Environmental impacts due to project location, possible accidents, project design, project construction, regular operations, final decommissioning or rehabilitation of a completed project Measures for minimizing and / or offsetting adverse impacts identified Irreversible and Irretrievable commitments of environmental components Assessment of significance of impacts (Criteria for determining significance, Assigning significance) Mitigation measures

GENERAL STRUCTURE OF EIA REPORT

Chapter 5. Analysis of Alternatives (Technology & Site)

In case, the scoping exercise results in need for alternatives : Description of each alternative Summary of adverse impacts of each alternative Mitigation measures proposed for each alternative and Selection of alternative

GENERAL STRUCTURE OF EIA REPORT

Chapter 6. Environmental Monitoring Program

Technical aspects of monitoring the effectiveness of mitigation measures (incl. Measurement methodologies, frequency, location, data analysis, reporting schedules, emergency procedures, detailed budget & procurement schedules)

GENERAL STRUCTURE OF EIA REPORT

Chapter 7. Additional Studies

Public consultation Risk Assessment Social Impact Assessment, Action Plan

If recommended at the scoping stage

GENERAL STRUCTURE OF EIA REPORT

Chapter 8. Project Benefits

Improvements in the physical infrastructure Improvements in the social infrastructure Employment potential skilled; semi-skilled and unskilled Other tangible benefits

GENERAL STRUCTURE OF EIA REPORT

Chapter 9. Environmental Cost Benefit Analysis

If recommended that the scoping stage

Chapter 10. EMP

Description of the administrative aspects of ensuring that mitigative measures are implemented and their effectiveness monitored, after approval of the EIA

GENERAL STRUCTURE OF EIA REPORT

Chapter 11. Summary & Conclusion

(This will constitute the summary of the EIA report) Overall justification for implementation of the project Explanation of how, adverse effects have been mitigated

Chapter 12. Disclosure of Consultants Engaged

The names of the Consultants engaged with their brief resume and nature of Consultancy rendered

COMPARATIVE REVIEW OF EIA PROCEDURES AND PRACTICES

Developed countries Well-framed EIA legislation in place. For instance, in Canada, Canadian Environmental Assessment Act regulates EIA while EU countries are guided by Directive on EIA (1985). In developed countries, active involvement of all participants including competent authority, government agencies and affected people at early stages of the EIA. This makes the process more robust and gives a fair idea of issues, which need to be addressed in the initial phase of EIA. Integrated approach to EIA followed. All aspects including social and health taken into account. EIA in developing countries Lack of formal EIA legislation in many developing countries. For instance, EIA is not mandatory in many African countries EIA in India Formal Legislation for EIA, by making an amendment in the Environment Protection Act 1986.

Limited involvement of public and government agencies in the initial phases. This often results in poor representation of the issues and impacts in the report, adversely affecting the quality of the report.

Limited involvement of public and government agencies in the initial phases.

Mainly environmental aspects considered. Poor on social or health aspects.

No provision in place to cover landscape and visual impacts in the Indian EIA regulations

COMPARATIVE REVIEW OF EIA PROCEDURES AND PRACTICES

Developed countries Proper consideration of alternatives in EIA EIA in developing countries The consideration of alternatives in developing countries is more or less absent. The expertise in EIA is slowly developing. In most cases, students from the developing countries go to the developed countries to gain knowledge of the subject. EIA in India Same as developing countries

Expertise in EIA: The International Association for Impact Assessment (AIA) and other organisations demonstrate that there are a large number of individuals with the capability to design, conduct, review and evaluate EIAs from countries of the North. The major portion of teaching about environmental assessment also takes place in industrial countries.

Expertise in this area is developing.

QUESTIONS?

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