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2.0 REVIEW OF LITERATURE
United States of America was the first country to assign mandatory status to
Environmental Impact Assessment (EIA) vides its National Environmental
Policy Act (NEPA) of 1969. A host of industrialized countries has since
implemented EIA procedures. Canada, Australia, the Netherlands and Japan
adopted EIA legislations in 1973, 1974, 1981, and 1984 respectively. In July
1985, the European Community (EC) issued a directive making environmental
assessments mandatory categories of projects. The Indian experience with
Environmental Impact Assessment began over 20 years back. It started in
1976-77 when the Planning Commission asked the Department of Science
and Technology to examine the river-valley projects from an environmental
angle. This was subsequently extended to cover those projects, which required
the approval of the Public Investment Board. Till 1994, environmental
clearance from the Central Government was an administrative decision and
lacked legislative support.
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 notified new EIA legislation in September 2006. The
notification makes it mandatory for various projects such as mining, thermal
power plants, river valley, infrastructure (road, highway, ports, harbors 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.
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Certain activities permissible under the Coastal Regulation Zone Act, 1991
also require similar clearance. Additionally, donor agencies operating in India
like the World Bank and the ADB have a different set of requirements for
giving environmental clearance to projects that are funded by them.
Among the developing countries, Columbia was the first Latin American
Country to institute a system in 1974. In Asia and Pacific region, Thailand
and Philippines have long established procedures for Environmental Impact
Assessment. EIA was made mandatory in Sri Lanka in 1984. A manual for
EIA was prepared and published in 1988 in Sri Lanka 42. There is dearth of
information on the general situation in Africa, although a number of nations
including Rwanda, Botswana and Sudan have experience of Environmental
Impact Assessment (EIA)
Bilateral and multilateral agencies have also recognized the value of EIA as a
decision- making tool. The organization for economic co-operation and
development (OECD) issued recommendations on EIA in its constituent’s
states in 1974 and 1979 and for development aid projects in 1986. OECD
issued guidelines for good practices in EIA in 1992. United Nations
Environment Programme (UNEP) in 1980 provided guidance on EIA of the
development proposals and supported research on EIA in developing countries
43 UNEP, in 1987 vide the decision 14/25 of the governing, set out goals and
principles of EIA for the member countries for EIA in 1988 44-45.
The world conservation strategy pinpointed the need to integrate
environmental considerations with development in 1980. EIA has become an
integral part of World Bank policy (1987), which states that environmental
issues must be addressed as part of overall economic policy. In 1989, the
World Bank issued the operational directive on Environmental assessment
(O.D.4.00), which was revised and updated in October 1991 (O.D. 4.01) Asian
development bank in 1990 published guidelines for EIA 46.
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The summary of evolution of Environmental Impact Assessment in various
countries is presented in Table -2.1 47
Table -2.1 Evolution of Environmental Impact Assessment in various Countries
COUNTARY BASIS OF IMPLEMENTATIONAustralia Environmental Protection (Impact of Prediction) Act, 1974,
Commonwealth of AustraliaCalifornia California Environmental Quality Act (CEQA) of 1971Canada Federal Environmental Assessment and review process
guidelines order 1984, CanadaChina Environmental Protection Law, 1979Common Wealth
Environment Protection (Impact of Proposals)
France Law of Protection de la nature, 1978India Notification dated May 5, 1994 under the Environment
Protection Act, 1986Japan Principles for Implementing EIA by Environment Agency,
1984New Zealand
Resource Management Act 1991, New Zealand
Sri Lanka National Environmental Act 1980, amended in 1986Thailand Improvement and Conservation of National Environmental
Quality Act 1975, amended in 1978The Netherlands
EIA Policy, 1986
United States
US National Environmental Policy Act of 1969
United Kingdom
Environmental assessment Guidelines, 1989
Western Australia
Environmental Protection Act 1986, Western Australia
West Germany
Cabinet Resolution September, 1975
2.1 EIA AND SOME INTERNATIONAL ORGANISATIONS
Once the concept of EIA and its importance in protecting the environment
was realized, it soon became an essential requirement and was incorporated
into the framework of several international organizations. Some of these
organizations were directly involved in funding developmental projects in
developing countries. Thus, with the advent of EIA, a direct policy based
intervention in the developmental activities of the developing as well as
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developed countries could be made and official measures could be taken to
stop or modify those projects which could lead to serious environmental
problems; at the local level or at the global level. International efforts are
usually classified into the following four areas:
1. Legally binding international documents such as international treaty and
protocol.
2. Non-legally binding international documents such as resolutions,
recommendations and declarations by international organizations.
3. Guidelines for development assistance.
4. Guidelines for overseas projects.
Spurred by several recommendations by international organizations,
particularly the Organization for Economic Cooperation and Development
(OECD) and the European Union (EU), EIA had been prevailed throughout the
world in 1980s. Apart from the United Nations Law of the Sea Treaty (adopted
in1982) many other international treaties and protocols with provisions
relating to EIA were concluded in the 1990’s e.g. Convention on
Environmental Impact Assessment in a Trans-boundary context (the Espoo
Convention of 1991), Protocol on Environmental Protection to the Antarctic
Treaty (1991), Biodiversity Treaty (1992), United Nations Framework
Convention on Climate Change (1992).
Following are some international organizations which first incorporated EIA as
a mandatory requirement to carry out its activities.
2.1.1 Organization for Economic Co-operation and Development The
Organization for Economic operation and Development (OECD) is an
international organization that has been helping governments tackle the
economic, social and governance challenges of a globalizing economy. The
OECD “Declaration on Environmental Policy” (1974) was the first
international document to incorporate EIA. This declaration was the follow up
activities after the United Nations Conference on the Human Environment
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(1972) and it set the trend for environmental policy in OECD member
countries. Article 9 of the declaration stated that it was critical that
environmental impact of significant public or private activities be assessed
prior to implementation. The oldest of recommendations and declarations
concerning matters relating to EIA procedures was the OECD “Council
Recommendation on Assessment of Projects which may have Significant
Effects on the Environment”(1979).
In 1983, a special group “The Ad hoc Committee on Environmental
Assessment and Development Assistance” was established under the
Environment Committee to examine EIA procedures, methods and
implementation mechanisms while maintaining close relations with the
Development Assistance Committee (DAC). In 1985, “Council
Recommendation on Environmental Assessment of Development Assistance
Projects and Programmes”, which gave examples of EIA implementations and
targets of EIA was adopted. In 1986, “Council Recommendations on Measures
Required to Facilitate the Environmental Assessment of Development
Assistance Projects and Programmes” concerning EIA procedures and
organizational system were adopted. Then in 1989, checklist for possible use
by high-level decision-makers in bilateral and multilateral development
assistance institutions was drafted and was released as executive committee
recommendations. Based on these three recommendations, DAC also adopted
• “Good Practices for Country Environmental Surveys and Strategies”,
• “Good Practices for Environmental Impact Assessment of Development
Projects”,
• “Guidelines for Aid Agencies Involuntary Displacement and Resettlement
in Developing Countries”, and
• “Guidelines for Aid Agencies on Global Environmental Problems” in 1991.
2.1.2 United Nations Environment Programme The United Nations
Environment Programme (UNEP) is the voice for the environment in the
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United Nations system. Activities of the United Nations began in 1982, with
the adoption of World Charter for Nature at the United Nations General
Assembly. The Charter stated that EIA should be ensured to minimize adverse
effects on nature and nature assessments should be included in the
fundamental elements of all planning and should be publicly disclosed and
deliberated. These stipulations led to the setting up of an EIA expert
committee and common guidelines for the promotion of EIA. Finally, in 1987
the “Goals and Principles of Environmental Impact Assessment” were adopted.
The thirteen rules stipulated in this aimed at the facilitation of introduction
and promotion of EIA systems in member countries as well as promote
development of international EIA procedure in order to address significant
trans-boundary impacts on other countries.
2.1.3 European Commission (now European Union) The EIA Directive (EU
legislation) on Environmental Impact Assessment of the effects of projects on
the environment was first introduced in 1985. This directive required a
defined EIA to be implemented prior to official authorization for projects with
potential significant environmental impact and required member countries to
introduce formal EIA systems by 1988 in order to realize the above. From
1985, the provision of EIA systems in European countries has been
progressed centering on the EU member countries.
2.1.4 Environmental Impact Assessment Process in World Bank The
World Bank is a group of three institutions, the International Bank for
Reconstruction & Development, the International Development Association
and the International Finance Corporation. The common objective of these
institutions is to help raise standards of living in developing countries by
channeling financial resources from developed countries to developing
countries. The World Bank is committed to help its member countries on
development problems like income distribution, rural poverty, urbanization,
unemployment, rehabilitation, preventive medicine, health care and
environmental protection.
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In 1970, the post of Environmental advisor was established in the bank and
given a mandate to review and evaluate every investment project from the
standpoint of its potential environmental effects. This point has now grown in
to an office of the environmental activities and ensuring that the projects
proposed for financing are examined for their ecological, health and socio-
cultural effects and that appropriate measures are taken to prevent or
mitigate serious adverse consequences.
The World Bank has developed EIA guidelines and procedures 48-52 several
other international funding institutions have also integrated environmental
concerns into their activities and emulate EIA guidelines and other
environmental guidelines of the World Bank. Salient features of the EIA
guidelines of World Bank are as follows:
2.1.4.1 Guidance for preparation of an Environmental Assessment: This
document provides guidance to project sponsors for preparation of details EA,
when one is required by the Bank environmental review procedure. The
sponsor may feel free to use their preferred format and approach and adapt
this guideline into their own procedure, as they deem appropriate. It requires
that the EA be completed by an independent consultant. The term
environmental refers to biophysical, socio-economic, occupational health and
safety issue as well traditional issue.
2.1.4.2 Environmental Guidelines General: The Bank has written
environmental guidelines that are used in new projects in which it considers
investing. These are set forth in the Bank’s “Industrial pollution Prevention
and Abetment handbook”, which includes industry sector specific guidelines
as well as guidelines on specific pollutants and their control technologies. The
project must comply with the Bank’s polices and guidelines, which
emphasizes pollution prevention including the use of cleaner production
technologies. The intent of the guidelines is to minimize resource
consumption, including energy use, and to eliminate or reduce pollution at
source.
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2.1.4.3 Health and safety guidelines General: The document is prepared to
ensure proper work environment and used together with environmental
guidelines for new projects.
2.2 EVOLUTION OF EIA IN INDIA Environmental Impact Assessment (EIA) of developmental projects was first
introduced in India in 1977-78 when planning commission advised to
Department of Science and Technology to take up environmental appraisal of
river valley projects. Subsequently, projects in mining, industry, thermal
power and harbour sectors were brought under the preview of EIA, At present,
the Ministry of Environment and forests (MoEF) is the nodal agency for EIA in
India 53 - 54.
On 27 January 1994, the MoEF notified mandatory EIA’s under rule 5 of the
Environment (Protection) Rules of 1986 for 29 designated projects. The
notification made it obligatory to prepare and submit an EIA, an Environment
Management Plan (EMP), and a project report to an Impact Assessment
Agency and was required to consult a multi-disciplinary committee of experts.
Under the January 1994 notification any member of the public was to have
access to a summary of the Project Report and the detailed EMPs. Public
hearings were mandatory. This represented India’s first attempt at a
comprehensive EIA scheme.
In India, the environmental action formally started with the participation of
late Smt. Indira Gandhi in the UN Conference on Human Environment in
Stockholm in 1972. A National Committee on Environmental Planning &
Coordination (NCEPC) was established to be the apex body in the Department
of Science and Technology. The term `Environment figured for the first time in
the Fourth Five Year Plan (1969-74) which recorded that `harmonious
development is possible only on the basis of a comprehensive appraisal of
environmental issues. The Tiwari Committee (Committee on Review of
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Legislative Measures and Administrative Measures), in its report in 1980,
recommended creation of a Department of Environment as a nodal agency to
ensure environmental protection, to carry out environmental impact studies of
proposed development projects, and to have administrative responsibility for
pollution monitoring and control. The department came into being in 1980
within the Ministry of Science and Technology under the charge of the then
Prime Minister. In 1989 the subjects of wildlife and forestry were added to the
list and a new Ministry of Environment and Forests was created with the
Prime Minister holding its charge. Since its inception the Department (under
the Ministry) has issued various guidelines on EIA for various projects.
EIA, in brief, extrapolates from scientific knowledge to assess the problem
consequences of some human interventions on nature. Although EIA uses the
techniques of science, it differs from ordinary scientific inquiry, because it is
dealing with events which have not yet occurred, may not occur, and whose
chances of occurrence may be changed by the very statement that they may
occur.
Some measures are required to be taken in the future to reduce the
anticipated environmental degradation. Before starting a major project, it is
essential to assess the present environment without the project, and the likely
impact of the project on the environment, when it is completed. Therefore, an
Environment Impact Assessment has to be made before starting a project. For
analysis of environmental impacts, many professions and disciplines have to
be involved. Like economic and engineering feasibility studies, Environmental
Impact Assessment is a management tool for officials and managers who
make important decisions about major development projects. The
Environmental Impact Assessment should have the following objectives:
i. Predict environmental impact of projects
ii. Find ways and means to reduce adverse impacts
iii. Shape project to suit local environment
iv. Present the predictions and options to the decision-makers
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The EIA statement should cover brief description of project, brief description
of existing environment, likely impact of project, the mitigation and protection
measures, consideration of alternatives, and summary with conclusions.
The MoEF published guidelines for preparation of EIA statements along with
questionnaires and checklists for industrial projects. Project proponent are
required provide relevant information as indicated in the guidelines along with
the environmental impact assessment statement/environmental management
plan (EMP). A preliminary scrutiny of the project proposals is made by the
technical experts of MoEF. After ensuring that the main aspects are covered,
EIA are placed before the appraisal committees of experts. The appraisal
committee discusses the impact of the project with the project proponent and
if necessary, site visits are made for on the spot assessment of various
environmental aspects. Based on their examination, the appraisal committees
make recommendations on approval or rejection of the proposal by MoEF. The
environmental clearance to development projects is subject to implementation
of stipulated safeguards under the provision of environment (Protection) Act
1986, Forest (Conservation) Act 1980, and other rules and regulations in
force.
2.2.1. Environmental Appraisal Committees With a view to ensure multi-
disciplinary input required for environmental appraisal of development
projects, Expert Committees have been constituted for the following sectors:
Mining Projects
Industrial Projects
Thermal Power Projects
River Valley, Multipurpose, Irrigation and H.E. Projects
Infrastructure Development and Miscellaneous Projects
Nuclear Power Projects
2.2.1.1 Environmental Appraisal Procedure: Once an application has been
submitted by a project authority along with all the requisite documents
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specified in the EIA Notification, it is scrutinized by the technical staff of the
Ministry prior to placing it before the Environmental Appraisal Committees.
The Appraisal Committees evaluate the impact of the project based on the
data furnished by the project authorities and if necessary, site visits or on-
the-spot assessment of various environmental aspects are also undertaken.
Based on such examination, the Committees make recommendations for
approval or rejection of the project, which are then processed in the Ministry
for approval or rejection.
In case of site specific projects such as Mining, River Valley, Ports and
Harbours etc., a two stage clearance procedure has been adopted whereby the
project authorities have to obtain site clearance before applying for
environmental clearance of their projects. This is to ensure avoiding areas
which are ecologically fragile and environmentally sensitive. In case of projects
where complete information has been submitted by the project proponents, a
decision is taken within 90 days.
Procedure for environmental appraisal of industrial projects in India is
presented in Figure – 2.1
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Submission of Questionnaire
SPCBState Department of Industries and State department of Environment
NOC for site clearance from environmental angle
NOC for air emission and water effluents
QuestionnaireComprehensive Environmental Impact Assessment (CEIA)
Environmental Management Plan (EMP) Disaster Management Plan (DMP)
Submission to Ministry of Environment and Forests (MoEF)
Examination by Ministry
Environmental appraisal Committee (EAC)
Discussion with project authorities site visits (if necessary)
All information available
Decision on the site clearance within three months of receipt
of the proposal
Details and missing information sought
Submission of missing information/action plans within three months by project proponent
Case is considered for decision
Case is rejected for non-furnishing of information
Approval/Conditional approval/rejections
Recommendations of EAC processed for approval/rejection
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The MoEF on January 27, 1993, brought out draft notification under the
environment (Protection) Act 1986 making environment clearance mandatory
for expansion or modernization of any activity if pollution load is to exceed
existing levels, and also for new projects listed in schedule–1 of the
notification. The notification was subsequently modified in May 1994.
2.3 ENVIRONMENTAL IMPACT ASSESSMENT –LEGAL PROVISION
In India, EIA was made mandatory in 1994 under the environmental
protection Act of 1986 with the following four objectives:
1. Predict environmental impact of projects;
2. Find ways and means to reduce adverse impacts;
3. Shape the projects to suit local environment;
4. Present the predictions and options to the decision-makers.
Till 1994, EIA clearance was the administrative requirement for big projects
undertaken by the Government or public sector undertakings. The
Notification mandates a public hearing and environment itself, with further
review by a committee of experts in certain cases. According to Schedule II of
the notification, the EIA is expected to cover at least the following matters:
1. Description of the proposed activities;
2. Description of the base environmental and climatic conditions and
potential affected environment including specific information necessary
to identify and assess the environmental effect of the proposed
activities
3. Analysis of the land use and land use change, waste generation, water
consumption (and the existing balance), power consumption etc. along
with the social and health impacts (in terms of number of people
displayed etc)
4. Description of the practical activities as appropriate
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5. An assessment of the likely or potential environmental impacts of the
proposed activity (like air pollution, noise generation) and the
alternatives, including the direct or indirect, cumulative, short-term and
long-term effects;
6. A risk assessment report and disaster management plan to mitigate
adverse environmental impacts of proposed activity and assessment of
those measures;
7. An indication of the likely area to be affected by the proposed activity or
its alternatives;
8. A detailed environmental feasibility report of all the information
provided.
The EIA report - which is expected to include proposed measures to be
undertaken by a proponent to mitigate or ameliorate the negative environment
effects - shall be submitted to the agency for approval. If approved, an
environmental agency statement and certificate of approval shall be issued by
the agency. In a move, the MoEF also took a step in decentralizing the
responsibilities of conducting EIA (notification date 10th April 1997, No. S.O.
319 E). Under the EIA, clearance for certain category of thermal plants lies
with the state governments. The Ministry further amended the Notification in
December 2000 for exempting defense related road construction projects in
border areas from the purview of EIA Notification. The EIA Notification was
further amended in November 2001 and production of bulk drugs based on
genetically engineered organisms has been exempted from the purview of EIA
Notification since this activity attracts the provisions of Hazardous and/or
Genetically Modified Micro Organisms Rules, 1989. Coastal Regulation Zone
(CRZ) Notification has also been amended in April, 2001 permitting certain
activities in CRZ-I areas such as (a) construction activities related to the
projects of Department of Atomic Energy (b) laying of pipelines, conveying
systems including transmission lines and (c) facilities that are essential for
activities permissible under CRZ-I. Under this amended notification,
exploration and extraction of oil and natural gas is also permitted between
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Low Tide Line (LTL) and High Tide Line (HTL) in areas, which are not
ecologically sensitive. Facilities for receipt and storage of Liquefied Natural
Gas (LNG) and facilities for its re-gasification can also be permitted in CRZ
areas not classified as CRZ-I (i) subject to implementation of certain safety
regulations. A recent amendment to the EIA requirements that was notified on
13 June 2002 exempts pipeline projects from preparation of EIA reports.
2.3.1 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. The decision to hold hearings has to be
made within 30 days of receipt of the proposal. If the IAD (Impact Assessment
Division) decides to hold hearings, it is required to provide notice in at least
two newspapers at least 30 days prior to the hearing. Recent Amendment in
the Public hearing notifications is that hearings are now mandatory for all
projects to which the EIA notification applies. In support of this new
requirement, the process includes provisions for public access to information.
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". They must also provide copies of all application
forms relating to the project that were submitted pursuant to other
environmental approval processes and "any other document necessary for the
Board to dispense with the application". Twenty copies of each of these
documents must be provided to the SPCB. Public access to executive
summaries is available at District Collectors' Offices, District Industry
Centers, the office of the Zila Parishad or Commissioner of the municipal
corporation/local body, and SPCB state and Regional offices. The hearing
process also contains provisions for public notice. SPCBs are required to give
notice in at least two newspapers widely circulated in the region around the
project, mentioning the date, time and place of public hearings. Suggestions,
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views, comments and objections of the Public shall be invited within thirty
days from the date of publication. Local residents, environmental groups and
others located at the project site likely to be affected can participate in the
hearings or submit oral or written briefs to the SPCB. The new hearing
process also contains requirements regarding the composition of hearing
panels. Panels also include a representative of the SPCB, the District
Collector, a state government representative for the relevant sector under
investigation, a representative of the central Ministry of the Environment and
Forests, not more than three representatives of local bodies such as
municipalities or panchayats, and not more than three senior citizens
nominated by the District Collector. For time bound processing of proposals
for public hearing submitted to various State Pollution Control Boards, the
EIA Notification was amended in November, 2001 and a time limit of 60 days
has been laid down for completion of public hearing 55.
2.3.2 Environmental Impact Assessment: Administrative Arrangements
The Impact Assessment Agency has the overall responsibility to administer,
and enforce the provisions related to EIA. The Impact Assessment Agency
(IAA) would be the Union Ministry of Environment and Forests. To deal with
projects of different sectors, three impact assessment divisions were
constituted. Impact Assessment Division I (IA-I) is responsible for river valley
projects; major irrigation projects and hydel power projects. IA-II is
responsible for industrial projects, thermal power projects and mining
projects. IA-III takes charge of ports and harbour projects; tourism projects;
human settlements; projects in ecologically fragile areas; and 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.
It is however, envisaged that various other government supervising and
approving agencies would assist by ensuring that prescribed activities falling
within their areas of jurisdiction undergo EIA prior to approval and
implementation. The IAA if deemed necessary may consult a committee of
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Experts (Environmental Appraisal Committee) having a composition
(constituted by the Impact Assessment Agency or such other body under the
Central Government authorized by the Impact Assessment Agency in this
regard) as specified in Table 2 (Schedule II of the notification) for some sectors
like river valley, multipurpose irrigation and hydel power projects, industrial
projects, mining projects, thermal power projects, and infrastructure projects.
The appraisal committees consist of experts from varied disciplines like water
resource management, pollution control, forestry, ecology, landscape
planning. These specific groups and task force also appraise other major
projects referred to the ministry. The Committee of Experts has the full right
of entry and inspection of the site or, as the case may be, factory premises at
any time prior to, during or after the commencement of the operations relating
to the project.
2.3.2.1 Expert committee for administering EIA: The composition of the
Expert Committee for Environment Impact Assessment is as follows
1. Eco-system Management
2. Air/Water Pollution Control
3. Water Resource Management
4. Flora/Fauna conservation and management
5. Land Use Planning
6. Social Sciences/Rehabilitation
7. Project Appraisal
8. Ecology
9. Environmental Health
10. Subject Area Specialists
11. Representatives of NGOs/persons concerned with environmental
issues.
The ministry has also set up six regional offices for Post Project Monitoring of
Environment at Shillong, Calcutta, Chandigarh, Bangalore, Lucknow, and
Bhopal, to monitor and interact with authorities of different regions. The
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project authorities report to these regional centers every six months to confirm
the implementation of the stipulated safeguards. In case of poor performance,
the reasons are discussed with the state government concerned and
recommendations are made.
2.4 ROLE OF DIFFERENT SECTORS IN EIA PROCESS
EIA involves many parties, grouped by their role definition within the process.
This section outlines the basic responsibilities of various bodies.
2.4.1 Project Proponent The project proponent during the project planning
stage decides the type of projects i.e. new establishment, expansion or
modernization. Later the project proponent needs to prepare the detailed
project report/feasibility report and submit the executive summary, which
shall incorporate the project details, and findings of EIA study, which is to be
made available to concerned public. The proponent has to approach the
concerned SPCB for No Objection Certificate (NOC) and holding the public
hearing. After the public hearing the proponent submits application to IAA for
environmental clearance.
2.4.2 Environment Consultant Environmental consultant should be
conversant with the existing legal and procedural requirements of obtaining
environmental clearance for proposed project. The consultant should guide
the proponent through initial screening of the project and establish whether
EIA studies are required to be conducted and if so finalize the scope of such
study. The consultant should also be fully equipped with required
instruments and infrastructure for conducting EIA studies. The
environmental consultant is responsible for supplying all the environment-
related information required by the SPCB and IAA through the proponent. The
consultant is also required to justify the findings in the EIA and EMP during
the meeting with the expert groups at IAA.
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2.4.3 State Pollution Control Board (PCB) /Pollution Control Committee
The State PCBs/PCCs are responsible for assessing the compatibility of a
proposed development with current operational and prescribed standards. If
the development is in compliance, the PCB will then issue its NOC. They shall
also hold the public hearing as per the provisions of EIA notification. The
details of public hearing shall be forwarded to IAA.
2.4.4 Public Law It requires that the public must be informed and consulted
on a proposed development after the completion of EIA report. Any one likely
to be affected by the proposed project is entitled to have access to the
Executive Summary of the EIA. The affected persons may include: a) bonafide
local residents; b) local associations; c) environmental groups: active in the
area; d) any other person located at the project site / sites of displacement.
They are to be given an opportunity to make oral/written suggestions to the
State Pollution Control Board as per Schedule IV of Annexure I.
2.4.5 Impact Assessment Agency (IAA) Where a proponent is required to
obtain environmental clearance, the IAA will evaluate and assess the EIA
report. In this process the project proponent will be given a chance to present
his proposal. If a project is accepted the IAA will also prepare a set of
recommendations and conditions for its implementation based on this
assessment. Environmental clearance conditions and recommendations of IAA
are made available to the public on request through SPCB and through web
site at http://envfor.nic.in. During the implementation and operation of the
project, the IAA will also be responsible for the environmental monitoring
process.
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2.4.6 Summary of the responsibilities of different agencies during EIA Process
Project proponent
IAAEnvironment Consultant
Reviewer Public
Administrative Body (Govt., CPCB. SPCB, BIS, MOEF)
Screening
Decides the type of project
and also about
requirement of Environmental
Clearance
Guides the proponent in
the initial screening
stage.
Determines if the initial project
description submitted
is adequate.
Scoping Provide TOR
Guidance is provided to
the proponent, if
needed
Establish if an EIA study is required and if so,
finalize the scope of the
study.
EIA Report
Prepares detailed
project report and provide
information in logical and transparent
manner
Examines if procedures have been followed as per MoEF
notifications, assesses the
report.
Has to go throughthe EIA
Report very carefully.
After the completion
of EIA report, the
law requires that the public
must be informed
and consulted.
Baseline Conditions
/Adhere to the attributes,
recommended by the BIS, CPCB, and
MoEF.
Should be conversant
with the existing legal
and procedural
requirements for the project.
Responsible for assessing the
compatibility of the proposed development
with prescribed standards.
Public Hearing
Approach the SPCB for
holding the
SPCB forward the details of
Public
SPCB's hold the public
hearing as per
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public hearing.
Obliged to respond to
issues raised during the
hearing
hearing to IAA.
the provisions of EIA
Notification and forward 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 decision along with IAA
Monitoring clearance conditions
Should be done in the
construction and operation
phase.
Plays a role in the
monitoring process by examining reports and
taking further action
2.5 PROJECTS SUBJECT TO EIA
The projects can be classified into three categories based on whether EIA is
required or not and who is responsible for the clearance?
2.5.1 Category1 Projects where EIA is mandatory and requires clearance
from Central government as of now, EIA clearance is required for 32
categories of industries from the central government which can be broadly
categorized under sectors of industries, mining, thermal power plants, river
valley, ports, harbours and airports, communication, atomic energy, transport
(rail, road, highway), tourism (including hotels, beach resorts)
2.5.2 Category 2 Projects where EIA is mandatory and requires clearance
from State Governments (full EIA may not be required) The Central
Government has notified (dated 10 April 1997, No. S. O.319. E) that certain
category of thermal power plants namely all capacity cogeneration plants,
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captive coal and gas/naphtha based power plants up to 250 MW, coal based
power plants up to 250 MW using conventional technologies, coal based
plants up to 500 MW using fluidized bed technology and gas/naphtha based
plants up to 500 MW require environmental clearance from the state
government. In case of pithead thermal power plants, the applicant shall
intimate the location of the project site to the state government while initiating
any investigation and surveys. Proposals where forestland is a part of the
project site need prior forestry clearance before forwarding to MoEF for
environmental clearance. 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 and
rehabilitation plans, if more than 1000 people are likely to be displaced.
2.5.3 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 bulk drugs based on
genetically engineered organisms: (a)Construction activities related to the
projects of Department of Atomic Energy (b) laying of pipelines, conveying
systems including transmission lines; (c) facilities that are essential for
activities permissible under (Coastal Regulation Zone)CRZ-I; Exploration and
extraction of oil and natural gas is also permitted between Low Tide Line (LTL)
and High Tide Line (HTL) areas, which are not ecologically sensitive, pipeline
projects; Facilities for receipt and storage of Liquefied Natural Gas (LNG) and
facilities for its re-gasification
2.6 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
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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. There are other reasons why public should be involved in EIA.
The literature puts forth four basic positions 56. First, public participation is
regarded as proper, fair conduct of democratic government in public decision-
making activities 57-58. Second, public participation is widely accepted as a
way to ensure that projects meet citizens' needs and are suitable to the
affected public 59. Third, the project carries more legitimacy, and less hostility,
if potentially affected parties can influence the decision-making process 60.
Finally, the final decision is `better' when local knowledge and values are
included and when expert knowledge is publicly examined 61.
Some argue that it is better not to include the public in EIA as it will be
quicker and most cost-effective to exclude the public in EIA. Project
proponents eager to implement their project may fear that citizen involvement
will delay their schedule or force them to revise the project. Public
participation may be regarded as unnecessary because citizens lack project-
specific expertise and it is just necessary to educate citizens about the merits
of the project 62. To the project proponent, it may look more prudent to push
the project through quietly rather than run the risk of a public process.
However, excluding the public does not ensure expediency either. 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 (example see the case studies on Silent Valley, Tehri Dam,
Dahanu in this section). 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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2.6.1 Scope for public participation in India The role of different actors in
different stages of EIA. It can be seen from Table given above that 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 (see the case studies). The public participation occurs in
the EIA process, the higher the risk that public comments will only minimally
influence the final decision. Secondly, public participation is extremely limited
and takes place before project implementation. But the project planning and
implementation requires continuous involvement of the public during various
stages 63. Several studies have revealed serious deficiencies in the hearing
process too 64. To add to this problem, information available on the EIA
process could assist people in understanding the purpose and objectives of
EIA is scant and not user friendly because the summary documents are
written in technical language without providing a glossary of key terms.
Even for projects that have already received their no objection certificates the
public does not have access to EIA project reports and environmental
management plans In regard to the hearings themselves, there is no
indication prior to the hearings of what procedure was going to be followed or
how the hearing panel was chosen. Assistance for members of the public on
how to participate, e.g., how to prepare a brief report or how to make a
presentation is also not made available. There is no background information
too provided on what an environmental impact study should contain or how
to critique such a document. Obtaining expert assistance was not promoted in
any way and funding is also not available to public participants. Members of
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the public have to cover their own "traveling and incidental costs" Finally,
there is no indication of how public input provided at the hearings is going to
be used in the decision making process.
2.7 CLASSIFICATION OF ENVIRONMENTAL IMPACTS
The term impact and effect are frequently used synonymously in EIA
literature, although some researchers have advocated differentiating between
natural and man-induced changes, in the biogeophysical environment, effects,
from the consequences of these changes, i.e. impacts. An impact has both
spatial and temporal components and can be descried as the change in an
environmental parameter over a specified period and within a defined area
resulting from a particular activity.
Impacts can be classified as 65-67.
Adverse or beneficial;
Cause or Induced;
Primary/secondary/Tertiary;
Short term/ Long term;
Reversible/ Irreversible and
Site specific / Project specific
In view of the spatial and temporal distribution of the environmental impacts
of industrial projects, the impact of industrial development should be
analyzed in terms of host, proximate, significantly affected, moderately
effected, and slightly effected /unaffected area. Further described the
indicative geographical limits and nature of impacts 68. Table – 2.2
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Table 2.2 Impact Zone of Industrial Projects
CATEGORY GEOGRAPHICAL LIMITS
NATURE AND MAGNITUDE OF IMPACTS
Land Area
Stream Stretch
General Air Quality Degradation
Water Quality
Host Major industry: one km/all around the battery limits. Medium Industry/indul Estate: 0.5 km all around periphery
1.0Km U/S of outfall to 5.0 Km D/S of outfall in case of lake/sea1.0 Km radius outfall.
Noise, odour dust disruption of sociocultural life; grave immediate and all time risk from accidents such asdamage to life, health, flora, fauna and property etc.
Servers at many times: e.g. cement plants SPM: 800-1500 µg/m3
thermal power and refineries NH3: 2-5 PPM SO2 :
150-300 µg/m3
Severs when dilution is low: ecology affected: fish kills may occur periodically
Proximity Major Industry: down wind 3 km. others 2 km. medium /indul estate dominant down wind: 2kms others 1 km
From 3kms U/S up to 20kms D/S or where dilution available becomes 20 times or more also 3 kms U/S on all tribury steams joining in this reach
Risk and damage when translent/accidental release accompany adverse meteorological conditions, leaf injury in plants, and life loss in humans/animals etc.
Server at some times: SPM: 500-800 µg/m3
SO2: 100-150 µg/m3
NH3 : 1-2 PPM
As above dissolved oxygen may touch 2.0 or lower at times ecology may get severely affected.
Significantly affected
Major industry: dominant down wind: 5 kms others: 3 kms medium indul
Up to 40 kms D/S or where dilution becomes 50 times or more
Nuisance on several occasions: effect on yield and growth of sensitive plants and health of sensitive humans and
Moderate occasionally SPM: 300-500 µg/m3
SO2: 30-100 µg/m3
NH3 : 0.01-
Dissolved oxygen recovers but ecology still may be severely affected
67
estate dominant down wind 3 kms others : 2 kms
animals. 0.5 PPM
Moderately affected
Major industry: dominant and down wind 8 kms others: 4 kms. Medium.indul estate DW 5 kms others: 3 kms
Up to 80 kms D/S or where dilution becomes 100 times or more
Some nuisance occasions some risk, some effects on flora and fauna of sensitive species and individuals
Some timesSPM: 200-300 µg/m3
SO2: 20-30 µg/m3
NH3 : 0.02-0.1 PPM
Ecology slowly recovering
Slightlyaffected unaffected
Beyond (d) Beyond (d) Imperceptible SPM: <200 µg/m3
SO2 : 10-20 µg/m3
Almost normal
2.8 ENVIRONMENTAL IMPACT ASSESSMENT PROCESS AND PROCEDURE
As recommended by the Ministry Of Environment and Forest, Government of
India. The EIA process in India is made up of the following phases
2.8.1 Screening Screening is done to see whether a project requires
environmental clearance as per the statutory notifications
2.8.2 Scoping and consideration of alternatives Scoping is a process of
detailing the terms of reference of EIA. It has to be done by the consultant
with the project proponent and guidance, if need be, from Impact Assessment
Agency.
2.8.3 Base line data collection Base line data describes the existing
environmental status of the identified study area. The site-specific primary
68
data should be monitored for the identified parameters and supplemented by
secondary data if available.
2.8.4 Impact prediction Impact prediction is a way of ‘mapping’ the
environmental consequences of the significant aspects of the project and its
alternatives.
2.8.5 Assessment of alternatives, delineations of mitigation measures
and environmental impact statement For every project, possible
alternatives should be identified and environmental attributes compared.
Alternatives should cover both project location and process technologies.
Alternatives should consider ‘no project’ option also. Alternatives should then
be ranked for selection of the best environmental optimum economic benefits
to the community at large.
2.8.6 Public hearing After the completion of EIA report the law requires that
the public must be informed and consulted on a proposed development after
the completion of EIA report.
2.8.7 Decision-making Decision making process involve consultation
between the project proponent and the impact assessment authority.
2.8.8 Monitoring the clearance conditions Monitoring should be done
during both construction and operation phases of a project. This is not only to
ensure that the commitments made are complied with but also to observe
whether the predictions made in the EIA reports were correct or not.
2.9 METHODOLOGY FOR SITE SELECTION
The magnitude of environmental impacts of industrial projects is, in most of
the cases, site specific. Hence, the selection of site should form an integral
part of EIA of industrial projects. However, there are no explicit methodologies
documented in literature for site selection. The World Bank has advised its
69
task managers to specifically consider project locations in the categorization of
the projects for further environmental assessment.
In India, The Ministry of Environment & Forests stipulated that the industrial
area should maintain the following distances from the areas listed below;
Ecologically and/or otherwise sensitive areas: at least 25 kms, the
requisite distance may be increased depending upon the geo-climatic
conditions.
Coastal areas: at least ½ km from high tide line.
Flood plains of the riverine systems: at least ½ km from the flood plain
or modified flood plain affected by dam in the upstream or by flood
control system.
Transport/communication system : at least ½ km from highways and
railways
Major settlements (more than 300000 populations): distance from
settlements is difficult to maintain because of urban sprawl, At the
time of sitting of the industry if any notified limit of any major
settlement is within 50 km, the spatial direction of growth of the
settlement for at least a decade must be assessed and the industry
shall be sited at least 25 km from the proposed growth boundary of the
settlement.
The MoEF has further stipulated that the following factors must be recognized
in siting:
No forest land shall be converted into non-forest activity for the industry
(Forest conservation Act, 1980)
No prime agriculture land shall be converted into industrial site.
Within the acquired land the industry must locate itself at lowest
location to remain obscured from general sight.
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Land acquired should be sufficiently large to provide space for
appropriate treatment of wastewater after maximum possible in-house
recycle and reuse. Treated water shall be used for raising green belt
and, if possible, for aquaculture.
The green belt between two adjoining large scale industries shall be one
kilometer.
Enough space shall be provided for storage of solid waste.
Layout and form of the industry must confirm to the landscape of the
area without affecting the scenic features at the locations.
Associated township of the industry must be created at a space having
phytographic barrier between the industry and the township.
Ideally, the site for an industrial project should be selected based on the
regional carrying capacity which is defined as the maximum rate of resource
consumption and waste discharge that can be sustained indefinitely in a
defined planning region without progressively impairing bio-productivity and
ecologically integrity.
2.10 EIA METHODOLOGIES
The identification and assessment of environmental impacts of developmental
activities are complex because of the diversity of impacts caused by human
interference to the environmental and social systems.
Although there is a large number of EIA methodologies which have been
developed and used in EIA, the variety is more apparent than real. Nearly all
methods are variants of general types which have specific organizing
principles in common; these are checklist, matrices, networks, overlays and
models. In case of checklists and matrices there are many versions whereas
there are fewer examples of networks and models available. All these
methodologies are generic in nature and are adapted to specific type of project
assessment such as industrial, water resources, mining, etc.
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2.10.1 Checklists The term checklist covers a variety of methods having
widely varying characteristics and degree of complexity. The four basic
categories of checklists are; simple checklist, Descriptive Checklists,
questionnaire checklists and scaling-weighing checklists.
2.10.1.1 Simple Checklists: Simple checklists consist of a list of
environmental, economic and social factors which may be affected by specific
project actions. These are useful for impact identification.
2.10.1.2 Descriptive Checklists: A comprehensive checklists accompanied
by specific guidance on the data requirements, source of information, and
predictive techniques. The guidance allows these checklists to be utilized for
impact identification, measurement, and presentation of results.
2.10.1.3 Questionnaire Checklists: Another type of checklists is the
questionnaire which presents a series of questions relating to the impacts of
the project.
2.10.1.4 Scaling-Weighing Checklists: Scaling-Weighing Checklists have
been devised to enable all adverse/beneficial impacts for a single project, or
more usefully, alternative projects to be compared in the form of quantitative
indices.
2.10.2 Matrices Matrix methods are two dimensional checklists in which
possible project activities are established along one axis, with potentially
impacted environmental characteristics or conditions along the other. Thus
the cause effect relationship between specific activities and impacts are
identified in matrix methods. Leopold 69 was the first to suggest the use of a
matrix method for Environmental impact assessment.
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2.10.3 Networks The first EIA network was developed by Sorenson in 1971 to
aid planners reconcile conflicting land-use in a section of Californian coastal
zone.
Network approaches expand the concepts of a matrix by introducing a cause
condition effect relation that allows identification of cumulative or indirect
effects not adequately explained through simple cause effects sequences
represented by matrices. Networks, thus, recognize that a project action may
trigger a series of impacts. Network methods are not useful in impact
prediction or assessment, and rely heavily on the expertise and local
knowledge of persons involved in EIA. Further, for a complex project such as
industrial development, the cause condition effect network can be unwieldy
visual display.
2.10.4 Overlays Overlay mappings have a long history of use in
environmental planning being ideally suited for the consideration of spatial
aspects. Their use in impact analysis pre dates. The technique relies on a set
of maps of environmental characteristics (physical, biological, socioeconomic
etc) of a project area. These maps are overlaid to produce a composite
characterization of the regional environment. Impacts are identified by noting
the impacted environmental characteristics within the project boundaries.
2.11 COMPUTER AIDED ENVIRONMENTAL IMPACT ASSESSMENT
Use of computer in EIA, with a few exceptions, has been restricted to
development of software for storage and retrieval of environmental data, and
software for predictive modeling.
Urban et.al. 70 developed a computer aided assessment system using matrix
approach to identify potential environmental impacts associated with army
activities in the area of training, research and development, construction,
real- estate acquisition, and industrial activities.
73
Krauskopf and Bunde 71 developed a computer modeling process employing
overlay techniques via computer mapping for highway route alternatives. Data
on environmental characteristics are collected and stored in the computer on
a grid system of 1 km square cells. The programme identifies the route of least
impact.
Luhar and Khanna 72 developed a computer methodology for computer aided
rapid EIA.
The research in computer aided EIA, so far, lacks the use of comprehensive
methodology for identification of impacts, identification and use of appropriate
prediction models, and evaluation of impacts using predictors relevant to the
type of project.
2.12 MATHEMATICAL MODELS FOR EIA
Mathematical models can be classified as:
2.12.1 Steady state models where the systems does not vary with time. The
inputs to the models are fixed and consequently the system eventually
reaches some equilibrium condition. Steady state models are simplistic and
have small data requirement 73.
2.12.2 Dynamic Models Where the system varies with the time due to
changing conditions or due to changing inputs. Dynamic models are more
difficult to formulate and require larger amount of data. They also require
larger computing time.
2.12.3 Deterministic models Where there is a fixed relationship between the
input and output. All the relationships in such a model are rigidly determined
and the input and output are similarly assumed to be error free.
74
2.12.4 Stochastic models Which allow for random fluctuations in the
systems due to variations in the input parameters, variations in the state of
the system coefficients, or error in output measurement. The variations are
introduced by fixing the mean value of a parameter or coefficient together with
the standard deviation. Data requirement for such a model are obviously
greater than the equivalent deterministic model.
Ministry of Environment and Forests in India suggests the different models for
mathematical modeling. (www.envfor.nic.in)
2.13 SYNOPSIS OF ENVIRONMENTAL REVIEW PROCEDURE IN INDIA
The first step to take on the way to obtaining environmental clearance is to get
an EIA report prepared by an independent consultant. The chances of getting
environmental clearance expeditiously depend largely on the content and
quality of EIA report. It is important that the EIA report should have data,
which are adequate for identification, prediction and evaluation of impact.
In the course of EIA process, environmental consultant plays a crucial role
because the project developer entrusts the job of preparing EIA report to the
consultant. The consultant is expected to be conversant with the entire EIA
process including policy matters, monitoring and analysis procedures, impact
prediction techniques and fully equipped with instruments and infrastructure
for conducting the EIA study.
Any person who desires to undertake an activity listed in Schedule I of EIA
notification approaches the concerned State pollution control Board (SPCB)
along with project report, application form and executive summary of
Environmental Appraisal for arrangement of public hearing at the site. SPCB
advertise the intent of public hearing in newspapers, conduct the hearing and
prepares the proceeding of public hearing. Thereafter it issues No Objection
Certificate (NOC) or consent to establish the project.
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The project proponent submits an application (Schedule II) along with filled –
up project specific questionnaire to MoEF. The application is accompanied by
project report, EIA report prepared in accordance with the prescribed
guidelines, proceedings of the public hearing and NOC/ Consent to establish
the project and other approvals mentioned in the explanatory notes of the EIA
notification.
In case of site specific projects like mining, pit head thermal power plants,
hydro-power, major irrigation projects and/or their combination including
flood control, ports and harbors (excluding minor ports), prospecting and
exploration of major minerals in areas above 500 hectares, prior site clearance
is required from MoEF before preparation of EIA and applying for
environmental clearance.
The EIA reports are evaluated and assessed by the Impact Assessment Agency
(IAA is MoEF), and if deemed necessary it may consult a committee of experts,
having a composition as specified in Schedule III of EIA notification. The IAA
prepares a set of recommendations based on technical assessment of the
documents and data furnished by the project authorities and interaction with
affected population and environmental groups, if necessary. The assessment
is completed within ninety days from receipt of complete documents and data
from the project authorities, and decision conveyed thirty days thereafter. In
order to enable the IAA to monitor effectively the implementation of the
recommendations and conditions subject to which the environmental
clearance has been given, the project authorities submits a half yearly report
to the IAA. Subject to the public interest, the IAA makes compliance report
publicly available.
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2.14 APPLICATION OF VARIOUS EQUIPMENT FOR EIA-ADVANTAGE OF SODAR?
In any EIA application, the site specific meteorology and the vertical mixing
height have to be obtained on real time basis. Classically, a 10m mast
mounted with meteorological sensors had been the only method to get the
above data. But, by this technique, lot of extrapolation was required to
compute the vertical mixing and stability classes and the errors involved at
times unacceptable, particularly during the presence of elevated layers.
All these limitations can be overcome by installing an acoustic sounder, which
maps the atmospheric characteristics right from surface up to an altitude of 1
km on round-the-clock basis. It is this unique advantage that has made
acoustic sounder as the most important instrument in EIA studies 74.
After understanding the applications of EIA and its utility, the Chapter-3A
presents the MoEF approved models and the actual measurements that have
been carried out as part of the work carried out in the thesis.
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CHAPTER 2
This chapter offers the literature review pertaining to EIA modeling at
the global and in the Indian context. The Indian experience with
Environmental Impact Assessment began over 20 years back. It started
in 1976-77 when the Planning Commission asked the Department of
Science and Technology to examine the river-valley projects from an
environmental angle. This was subsequently extended to cover those
projects, which required the approval of the Public Investment Board.
Till 1994, environmental clearance from the Central Government was an
administrative decision and lacked legislative support.
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 notified new EIA legislation in September
2006. The notification makes it mandatory for various projects such as
mining, thermal power plants, river valley, infrastructure (road,
highway, ports, harbors 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.
Certain activities permissible under the Coastal Regulation Zone Act,
1991 also require similar clearance. Additionally, donor agencies
operating in India like the World Bank and the ADB have a different set
181
of requirements for giving environmental clearance to projects that are
funded by them.
United States of America was the first country to assign mandatory
status to Environmental Impact Assessment (EIA) vides its National
Environmental Policy Act (NEPA) of 1969.
The efforts have been made to highlight the history of EIA and SODAR.
Further, attempts have been made to highlight the various steps in EIA
in India and the world over.