Environmental Impact Assessment (EIA)

In the past, development projects were executed without considering their environmental repercussions.
In light of the extensive environmental harm, both governments and the public now express concerns about the environmental impacts associated with developmental activities.
Consequently, the Environmental Impact Assessment (EIA) mechanism was introduced to evaluate potential environmental consequences.
EIA serves as a tool to foresee the probable environmental impacts stemming from proposed developmental activities, offering recommendations for mitigation measures and strategies.
Its inception in India dates back to 1978, initially applied to river valley projects. Over time, the scope of EIA legislation expanded to encompass various other developmental sectors.
EIA falls under the Notification on Environmental Impact Assessment (EIA) of Developmental Projects 1994, as per the provisions of the Environment (Protection) Act, 1986. Alongside EIA, the Government of India, under the Environment (Protection) Act of 1986, has issued multiple notifications pertaining to environmental impact assessment.
Presently, EIA is obligatory for over 30 project categories, and Environmental Clearance (EC) is granted only after fulfilling the stipulated EIA requirements.
The approval or the ‘go-ahead’ signal is issued by the Impact Assessment Agency in the Ministry of Environment and Forests, Government of India.

Table of Contents

PROCESSES OR PROCEDURES UNDER EIA

The Environmental Impact Assessment (EIA) process involves several interconnected steps, forming a cyclical framework. The key stages include:

Screening:
- Evaluation of the project plan for factors such as scale of investment, location, and type of development.
- Determination of whether statutory clearance is required for the project.
Scoping:
- Identification of potential impacts, including their extent and mitigation possibilities.
- Examination of the need for monitoring throughout the project’s lifecycle.
Collection of Baseline Data:
- Compilation of baseline data representing the current environmental status of the study area.
Impact Prediction:
- Anticipation of both positive and negative, reversible and irreversible, and temporary and permanent impacts.
- Requires a comprehensive understanding of the project by the assessment agency.
Mitigation Measures and EIA Report:
- Inclusion of actions and steps in the EIA report designed to prevent, minimize, or bypass impacts.
- Specification of compensation levels for potential environmental damage or loss.
Public Hearing:
- Informing and consulting with the public and environmental groups residing in close proximity to the project site upon completion of the EIA report.
Decision Making:
- The Impact Assessment Authority, in consultation with experts, engages with the project-in-charge and consultant to make the final decision.
- Consideration of both EIA and EMP (Environment Management Plan) during the decision-making process.
Monitoring and Implementation of Environmental Management Plan:
- Ongoing monitoring of various project phases to ensure compliance with environmental standards.
- Implementation of the Environment Management Plan to guide the proponent toward environmental improvements.
Assessment of Alternatives, Delineation of Mitigation Measures, and Environmental Impact Assessment Report:
- Identification of potential alternatives for the project, covering both location and process technologies.
- Comparison of environmental attributes for each alternative.
- Development of a mitigation plan for the selected option, accompanied by an Environmental Management Plan (EMP) for continuous environmental enhancement.
Risk Assessment:
- Integration of inventory analysis and hazard probability and index into the EIA procedures.
- A comprehensive evaluation of potential risks associated with the project.

HISTORY

The genesis of the need for Environmental Impact Assessment (EIA) can be traced back to 1976-77 when the Planning Commission tasked the Department of Science and Technology with scrutinizing river-valley projects from an environmental perspective.
This marked the initial recognition of the imperative to assess the ecological implications of development initiatives.
The inaugural EIA notification was issued in 1994 by the Ministry of Environment and Forests, which has since evolved into the Ministry of Environment, Forests and Climate Change.
This landmark notification made it mandatory to obtain Environmental Clearance (EC) for the expansion, modernization, or establishment of new projects listed in Schedule 1.

Statute:

The statutory foundation for Environmental Impact Assessment in India is firmly established in the Environment Protection Act of 1986.
This legislative framework encompasses various provisions delineating the methodology and process for conducting EIA.
The Act provides the legal framework through which environmental considerations are integrated into the planning and execution of projects, emphasizing the importance of sustainable and ecologically responsible development practices.

2006 AMENDMENT TO EIA NOTIFICATION

The 2006 amendment to the Environmental Impact Assessment (EIA) Notification brought significant changes to the clearance process, focusing on decentralization and introducing distinct stages in the EIA cycle. Here are the key aspects of the amendment:

Decentralisation of Project Clearances:

Developmental projects were classified into two categories:

1-Category A (national level appraisal): Projects under this category are appraised by the Impact Assessment Agency (IAA) and the Expert Appraisal Committee (EAC) at the national level.

2-Category B (state level appraisal): Clearance for Category B projects is provided by the State Level Environment Impact Assessment Authority (SEIAA) and the State Level Expert Appraisal Committee (SEAC) at the state level.

Introduction of Different Stages:

The amendment introduced four distinct stages in the EIA Cycle: Screening, Scoping, Public Hearing, and Appraisal.
For Category A projects, which require mandatory environmental clearance, the screening process is not applicable.
Category B projects undergo a screening process and are further classified into B1 (Mandatorily requiring EIA) and B2 (Not requiring EIA).

Projects with Mandatory Clearance:

Certain projects, such as mining, thermal power plants, river valley projects, infrastructure development (road, highway, ports, harbours, and airports), and industries, including very small electroplating or foundry units, are mandated to obtain environmental clearance.

The 2006 amendment aimed to streamline the environmental clearance process, enhance transparency, and ensure that projects with potential environmental impacts undergo thorough scrutiny at the appropriate levels of authority.

EIA NOTIFICATION 2020 AND ITS IMPACT

1. Public Consultation:

Change: Reduced to a maximum of 40 days with only 20 days (down from 30 days) for submitting a response.
Impact: Streamlines the EIA process but raises concerns about providing sufficient time for Tribal and forest dwellers, who may lack awareness of technical details or means to access them.

2. More Discretionary Power for Government:

Change: Government can declare ‘economically sensitive areas’ without a public hearing and assign a ‘strategic tag’ to a project, exempting it from EIA obligations.
Impact: Facilitates clearance for strategic projects related to defence and national security. However, there is apprehension about potential misuse for political or economic reasons.

3. Post-Facto Project Clearance:

Change: Allows clearance for projects after their implementation.
Impact: Eases bureaucratic delays but contradicts fundamental environmental principles, posing risks to sustainable development and environmental jurisprudence.

4. Extended Environmental Clearance Period:

Change: Extended from 30 years to 50 years.
Impact: Poses risks of irreversible environmental, health, and social consequences over an extended period.

5. Baseline Data:

Change: No requirement to cover all seasons in a year.
Impact: May compromise the reliability of EIA, potentially concealing the full impact of projects.

6. Reporting Frequency:

Change: Reduced from once every six months to once every year.
Impact: Dilutes scrutiny, potentially delaying mitigation measures for identified project impacts.

7. Balancing ‘Ease of Doing Business’ and Environmental Sustainability:

Suggests the establishment of an Independent EIA Authority for fair and objective decisions.
Recommends a centralized data bank for storing project information and providing access to local communities and the general public, ensuring transparency and informed decision-making.

FAQs – Environmental Impact Assessment (EIA) Act 2016 (Amendment) 2020

1. What is the Environmental Impact Assessment (EIA) mechanism?

A: The EIA mechanism is a tool introduced to evaluate potential environmental consequences associated with proposed developmental activities. It helps anticipate environmental impacts and provides recommendations for mitigation measures and strategies.

2. When was EIA first implemented in India?

A: EIA was first implemented in India in 1978, primarily focusing on river valley projects. Over time, its scope expanded to cover various developmental sectors.

3. Under which legal framework does EIA operate in India?

A: EIA operates under the Notification on Environmental Impact Assessment (EIA) of Developmental Projects 1994, as per the provisions of the Environment (Protection) Act, 1986.

4. How many project categories require mandatory EIA in India?

A: Currently, EIA is mandatory for over 30 project categories. Environmental Clearance (EC) is granted only after fulfilling the stipulated EIA requirements.

5. Who issues the ‘go-ahead’ signal or Environmental Clearance (EC) for projects in India?

A: The Impact Assessment Agency in the Ministry of Environment and Forests, Government of India, issues the Environmental Clearance (EC) or the ‘go-ahead’ signal for projects.

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Environmental Impact Assessment (EIA) – 2016, Amendment 2020 – UPSC Environment Notes