Lecture-8-Evolution of Eia in India-31012013
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EVOLUTION OF EIA IN INDIA
DR. S.M. SHIVA NAGENDRA
DEPARTMENT OF CIVIL ENGINEERINGENVIRONMENTAL AND WATER RESOURCESDIVISION
INDIAN INSTITUTE OF TECHNOLOGY MADRASEmail:snagendra@iitm.ac.in
CE6180:EIA- Lecture 8
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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 andsince 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,
EVOLUTION OF EIA IN INDIAIn the late 70's, the Silent
Valley project in India became
a major 'environment versus
development' controversy. Theproposed 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. Thosepromoting 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.
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The notification makes itmandatory for various
projects such as mining,thermal power plants,river valley,infrastructure (road,highway, ports, harboursand airports) andindustries including very
small electroplating orfoundry units to getenvironment clearance
However, unlike the EIANotification of 1994, the
new legislation has putthe onus of clearingprojects on the stategovernment dependingon the size/capacity of the project.
EVOLUTION OF EIA IN INDIA
Evolution of EIA in Relation to Project Planning
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1974 The Water (Prevention & Control of Pollution) Act
1975 The Water (Prevention and Control of Pollution) Rules1977 The water (Prevention & Control of Pollution ) Cess Act
1978 The water (Prevention & Control of Pollution ) Cess Rules
1981 The Air (Prevention & Control of Pollution ) Act
1982 The Air (Prevention & Control of Pollution ) Rules
1986 The Environmental (Protection) Act
1986 The Environmental (Protection) Rules
1989 The Hazardous Wastes (M&H) Rules
1989 Manufacture, Use, Import of Hazards Chemical Rules
1989 Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms or Cells Rules.
1991 The Public Liability Insurance Act
1991 The Public Liability Insurance Rules
1991 Notification - Declaring Coastal Stretches as Coastal Regulation Zone (CRZ)
1994 Notification on Environmental Impact Assessment of Development Projects
1995 The National Environmental Tribunal Act
1996 The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules
1997 The National Environmental Appellate Authority Act
1997 The National Environment Appellate Authority Rules1998 The Bio Medical Waste (M&H) rules
1999 The Recycled Plastics Manufacture & Usage Rules
1999 Fly Ash Notification
2000 Municipal Solid Waste (M&H) Rules
2000 The Noise Pollution (Regulation & Control) Rules
2000 Ozone Depleting Substances Rules
2006 Environmental Impact Assessment Notification
ENVIRONMENTAL LEGISLATIONS/
RULES/NOTIFICATIONS IN INDIA
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ENVIRONMENTAL CLEARANCE
Under sub-rule (3) of Rule 5 of theEnvironment (Protection) Rules, 1986 forimposing certain restrictions andprohibitions on new projects or activities,or on the expansion or modernization ofexisting projects or activities based ontheir potential environmental impacts as
indicated in the schedule to thenotification, being undertaken in any partof India, unless prior environmentalclearance has been accorded inaccordance with the objectives of National Environment Policy as approvedby the Union Cabinet on 18th May, 2006and the procedure specified in the EIANotification.
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Appl ication to MoEF
(with Form I/IA and TOR Proposal)
TOR Finalization and Conducting
EIA Study
Public Consultation (Hearing)
Environmental Appraisal
by EAC/SEAC/SEIAA
Appl ication to SPCB
Site Inspection
Approval by DEC/SPC Board
Consent forEstablishment/Operation
by SPCBEnvironmental Clearance
by EAC/SEAC/SEIAA
EIA 2006 - CLEARANCE PROCESS
EAC: Expert Appraisal Committee
SEAC: State Level Expert Appraisal Commit tee
SEIAA: State Level Environment Impact Assessment Authorit y
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IN THE EYE OF THE
STORM:A view of the
Adarsh Cooperative
Housing Society building
in Mumbai
Taking a strong stand
against the
construction of the 31-
storey 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
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EIA Notification
(14th September, 2006)
Requirements of Prior Environmental Clearance (EC)
State Level Environment Impact Assessment Authority
Categorization of Project and activities
1. Al l projects and activities are broadly categorized in to two categories
Category A and Category B, based on the spatial extent of potentialimpacts 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 modernizat ion of existing projects or activi ties
and change in product mix, shall require prior envi ronmental c learancefrom 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
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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-feasibil ity 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)
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Stage (2) Scoping
The Terms of Reference (ToR) shal l be conveyed to the appl icant 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 final ized and conveyed to the applicant within sixty
days of the receipt of form 1, the Terms of Reference suggested by theappl icant shal l be deemed as the f inal 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)
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Project or Activity Category with threshold limit Conditions if any
A B
1 Mining, extraction of natural resources and power generation
(for a specified production capacity)
(1) (2) (3) (4) (5)
1(a) Mining of
Minerals50 ha. of
mining lease
area
Asbestos
mining
irrespective of
mining area
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Project or Activity Category with threshold limit Conditions if any
A B
1 Mining, extraction of natural resources and power generation
(for a specified production capacity)
(1) (2) (3) (4) (5)1(c) River Valley
projects(i) 50 MW
hydroelectric
power generation;
(ii) 10,000 ha. of
culturable
command area
(i) < 50 MW 25
MW hydroelectric
power generation;
(ii) < 10,000 ha. of
culturable
command area
General Condition
shall apply
1(d) Thermal Power
Plants500 MW
(coal/lignite/naphta
& gas based);
50 MW (Pet coke
diesel and all other
fuels )
< 500 MW
(coal/lignite/naptha
& gas based);
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Project or Activity Category with threshold limit Conditions if any
A B
1 Mining, extraction of natural resources and power
generation (for a specified production capacity)
(1) (2) (3) (4) (5)
2. Primary processing
2(a) Coal washeries 1 million
ton/annum
throughput of
coal
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4. Materials Processing
(1) (2) (3) (4) (5)
4(a) Petroleum refining
industry
All projects - -
4(b) Coke oven plants 2,50,000
tonnes/annum-
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5. Manufacturing / Fabrication
(1) (2) (3) (4) (5)
5(a) Chemical fertilizers All projects - -
5(b) Pesticides industry
and pesticide specific
intermediates
(excluding
formulations)
All units
producing
technical
grade
pesticides
- -
5(c) Petro-chemical
complexes (industries
based on processingof petroleum
fractions & natural
gas and/or reforming
to aromatics)
All projects
-
- -
5(d) Manmade fibres
manufacturing
Rayon Others General
Condition shall
apply5(e) Petrochemical based
processing (processes
other than cracking
& reformation and
not covered under the
complexes)
Located out
side the
notified
industrial
area/ estate
-
Located in a
notified
industrial area/
estate
Specific
Condition shall
apply
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5. Manufacturing / Fabrication
(1) (2) (3) (4) (5)
5(f) Synthetic organic
chemicals industry
(dyes & dye
intermediates;
bulk drugs and
intermediates
excluding drug
formulations;
synthetic rubbers;
basic organic
chemicals, other
synthetic organicchemicals and
chemical
intermediates)
Located out side
the notified
industrial area/
estate
Located in a
notified
industrial area/
estate
Specific Condition
shall apply
5(g) Distilleries (i)All Molasses
based distilleries
(ii) All Canejuice/ non-
molasses based
distilleries 30
KLD
All Cane
juice/non-
molasses based
distilleries
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5. Manufacturing / Fabrication
(1) (2) (3) (4) (5)
5(i) Pulp & paper
industryexcluding
manufacturing of
paper from waste
paper and
manufacture of
paper from ready
pulp with out
bleaching
Pulp
manufacturingand
Pulp& Paper
manufacturing
industry
-
Paper
manufacturingindustry
without pulp
manufacturing
General Condition
shall apply
5(j) Sugar Industry -
-5000tcd
cane crushing
capacity
General Condition
shall apply
5(k) Induction/arc
furnaces/cupolafurnaces 5TPH
or more
-
-
All projects General Condition
shall apply
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6. Service Sectors
(1) (2) (3) (4) (5)
6(a) Oil & gas
transportation pipe
line (crude and
refinery/
petrochemical
products), passing
through national
parks
/sanctuaries/coral
reefs /ecologically
sensitive areasincluding LNG
Terminal
All projects
-
-
6(b) Isolated storage &
handling of
hazardous chemicals
(As per threshold
planning quantityindicated in column 3
of schedule 2 & 3 of
MSIHC Rules 1989
amended 2000)
- All projects General
Condition shall
apply
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7. Physical Infrastructure including Environmental
Services
(1) (2) (3) (4) (5)
7(a) Air ports All projects - -
7(b) All ship breaking yards
including ship breakingunits
All projects - -
7(c) Industrial estates/ parks/
complexes/ areas, export
processing Zones (EPZs),
Special Economic Zones
(SEZs), Biotech Parks,
Leather Complexes.
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. and not
housing any
industry
belonging to
Category Aor
B.
Special condition
shall apply
Note:
Industrial Estate of
area below 500 ha.and not housing any
industry of category
A or B does notrequire clearance
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7. Physical Infrastructure including Environmental
Services
(1) (2) (3) (4) (5)
7(g) Aerial ropeways All projects General Condition
shall apply
7(h) Common Effluent
Treatment Plants (CETPs)
All projects General Condition
shall apply
7(i) Common Municipal SolidWaste Management Facility
(CMSWMF)
All projects General Conditionshall apply
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8. Building /Construction projects/Area Developmentprojects and Townships
(1) (2) (3) (4) (5)8(a) Building and Construction
projects
20000 sq.mtrs
and
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GENERAL STRUCTURE OF EIA REPORT
(AS PER THE NOTIFICATION OF MOEF DATED 14 SEPTEMBER, 2006)
Chapter 1. IntroductionChapter 2. Project Descript ion
Chapter 3. Description of the Environment
Chapter 4. Anticipated Environmental Impacts & Mitigation Measures
Chapter 5. Analysis of Alternatives (Technology & Site)Chapter 6. Environmental Monitoring Program
Chapter 7. Additional Studies
Chapter 8. Project Benefits
Chapter 9. Environmental Cost Benefit AnalysisChapter 10. EMP
Chapter 11. Summary & Conclusion
GENERAL STRUCTURE OF EIA REPORT
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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)
Chapter 1. Introduction
GENERAL STRUCTURE OF EIA REPORT
GENERAL STRUCTURE OF EIA REPORT
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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 prov ided to give clear picture of the following :
Type of project
Need for the pro ject
Location (maps showing general location, specific location, project boundary & p roject 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 d rawing 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 cond itions, or other EIA requirements (as required by the
scope)
Assessment o f new & untested technology for the risk of technological failure
GENERAL STRUCTURE OF EIA REPORT
GENERAL STRUCTURE OF EIA REPORT
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Chapter 3. Description of the Environment
Study area, period, components & methodology
Establishment of baseline for valued environmental components,
as identi fied in the scope
Base maps of all environmental components
GENERAL STRUCTURE OF EIA REPORT
GENERAL STRUCTURE OF EIA REPORT
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Details of Investigated Environmental impacts due to project
location, possible accidents, project design, project construct ion,
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
Chapter 4. Anticipated Environmental Impacts MitigationMeasures
GENERAL STRUCTURE OF EIA REPORT
GENERAL STRUCTURE OF EIA REPORT
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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
GENERAL STRUCTURE OF EIA REPORT
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Chapter 6. Environmental Monitoring Program
Technical aspects of monitoring the effectiveness of mitigation
measures (incl. Measurement methodologies, frequency, location, dataanalysis, reporting schedules, emergency procedures, detailed budget
& procurement schedules)
GENERAL STRUCTURE OF EIA REPORT
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GENERAL STRUCTURE OF EIA REPORT
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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
GENERAL STRUCTURE OF EIA REPORT
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If recommended that the scoping stage
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 9. Environmental Cost Benefit Analysis
Chapter 10. EMP
GENERAL STRUCTURE OF EIA REPORT
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Chapter 11. Summary Conclusion
(This wi ll 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
GENERAL STRUCTURE OF EIA REPORT
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COMPARATIVE REVIEW OF EIA
PROCEDURES AND PRACTICES
Developed countries EIA in developing countries EIA in India
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).
Lack of formal EIA legislation in
many developing countries. For
instance, EIA is not mandatory in
many African countries
Formal Legislation for EIA, by
making an amendment in the
Environment Protection Act
1986.
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 ofEIA.
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.
Integrated approach to EIA
followed. All aspects including
social and health taken into
account.
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
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