Lecture-8-Evolution of Eia in India-31012013

8/13/2019 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:[email protected]

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



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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



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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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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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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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(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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(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



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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




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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




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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




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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




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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




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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)



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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




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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


Chapter 9. Environmental Cost Benefit Analysis

Chapter 10. EMP



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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



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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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Lecture-8-Evolution of Eia in India-31012013