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Environmental Impact Assessment (EIA)
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Page 1: EIA

Environmental Impact

Assessment(EIA)

Page 2: 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

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• The phrase Environmental Impact Assessment comes from Sec. 102 (2) of the National Environmental Policy Act (NEPA), 1969, USA

• Early examples include Napoleon’s 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

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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 decision-

makers

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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

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• 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

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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“

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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

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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

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The EIA Procedure

1. Project ProposalTo 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. ScreeningIs 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

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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.  

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

9.Monitoring the Clearance ConditionsHas 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.

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EIA Guidelines for Project ProponentsThe 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

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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?

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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

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Responsibilities of different agencies during EIA process

Project Proponent

IAAEnvironment Consultant

Reviewer PublicAdministrative Body (Govt., MoEF, etc.)

Screening

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

Guides the proponent in the initial screening stage

Determines if the initial project description submitted is adequate

Scoping Provides TOR

Guidance is provided to proponent, if needed

Establish if EIA study is required & if so, finalize the scope of the study

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Project Proponent

IAAEnvironment Consultant

Reviewer PublicAdministrative 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

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

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

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Project Proponent

IAAEnvironment Consultant

Reviewer PublicAdministrative Body (Govt., MoEF, etc.)

Public Hearing

Approach the SPCB for holding the public hearing.Obliged to respond to issues raised during the 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 administrative authority in the decision-making process

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

Makes decisions along with IAA

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Project Proponent

IAAEnvironment Consultant

Reviewer PublicAdministrative Body (Govt., MoEF, etc.)

Monitoring Clearance Conditions

Should be done in the construction & operation phase

Plays a role in the monitoring process by examining reports & taking further action

Should monitor the implementation of conditions

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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:

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Category 1 Then treat as Environmentally Sensitive Areas

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

All capacity cogeneration plants Captive coal & gas/naphtha based power plants up to

250 MW Coal based power plants up to 250 MW using

conventional technologies Coal base plants up to 500 MW using fluidized bed

technology Gas/naphtha based plants up to 500 MW

Category 3 But if the project is located in or

close to

Thermal Based Power Plants

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.

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Category 1

Type of ProjectSpecific Exemptions / Characteristics (if any)

Nuclear Power & related projects None

River Valley Projects None

Ports, Harbours, Airports None

Petroleum Refineries including crude & product pipelinesExcept minor ports & harbors

Synthetic rubber None

Chemical fertilizers, nitrogenous & phosphatic None

Pesticides (Technical) None

Petrochemical Complexes & intermediates None

Bulk Drugs & Pharmaceuticals None

Exploration for oil & gas & their production, transportation & storage

None

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Type of ProjectSpecific Exemptions / Characteristics (if any)

Asbestos & asbestos products NonePrimary metallurgical industries, & electric arc furnaces NoneHydrochloric acid & its derivatives NoneChloro alkali industry None

Integrated paint complexes, manufacture of resins & raw products None

Viscose Staple fiber & filament yarn NoneStorage batteries None

All tourism projects

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

Thermal power plants None

Mining projectsOnly major minerals with leases more than 5 hectares

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Type of projectSpecific Exemptions / Characteristics (if any)

Highway projectsExcept projects relating to improvement work

Tarred roads in Himalayas &/or forest areas None

Distilleries None

Raw skins & hides None

Pulp, paper, & newsprint None

Dyes None

Cement None

Foundries Individual

Electroplating None

Meta amino phenol None

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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:

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• 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.

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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

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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

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• 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 decision-making

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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

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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