env law dissertation

EIA LAW AND PRACTICE

TOWARDS

SUSTAINABLE DEVELOPMENT

Dissertation

PGDMEL

Submitted by

Ms. Lucille Andrade

Reg. No. EL/1369/11

May 2013

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

Nagarbhavi, Bangalore 560 072

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Acknowledgements

I take this opportunity to express my sincere gratitude to Dr. Prasad Modak, Executive

President, Environmental Management Centre (EMC) and Mr. Rahul Datar, Vice

President, EMC for encouraging me to pursue this course on Environmental Law and

accommodating with my absence from work to complete requirements of the course.

At the outset, I thank Dr. Prasad Modak for guiding me in conceptualizing the

dissertation outcome.

A big thank you to my family members for encouraging and supporting me throughout

the duration of the course.

I also thank NLSIU Distance Education Department administration especially Susheela,

Facilitator for patiently replying to all queries; and Arpitha, Assistant Coordinator for

coordinating the dissertation process.

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Table of Contents

Acknowledgements ............................................................................................................. ii

Table of Contents ............................................................................................................... iii

List of Figures ....................................................................................................................... v

List of Tables ........................................................................................................................ v

Table of Statutes ................................................................................................................. vi

Table of Clearances ........................................................................................................... vii

Abbreviations ...................................................................................................................... x

Executive Summary ............................................................................................................. 1

Chapter 1: Introduction ...................................................................................... 7

1.1 Background ....................................................................................................... 7

1.2 Need for the Research ...................................................................................... 8

1.3 Research Question ........................................................................................... 9

1.4 Aim and Objectives ........................................................................................... 9

1.5 Scope and Limitations ...................................................................................... 9

1.6 Research Methodology .................................................................................. 10

Chapter 2: Review of EIA Law and Implementation in India ............................... 12

2.1 Evolution of EIA in India ................................................................................. 12

2.2 Environmental Clearance Process in India ..................................................... 13

2.3 Correlation with Other Regulations ............................................................... 16

2.4 Initiatives for Improvement of EIA Practice ................................................... 20

Chapter 3: Analysis of EIA with Sustainable Development Indicators ................. 26

3.1 Identifying Sustainable Development Indicators ........................................... 26

3.2 Analysis of EIA Practice with Sustainable Development Indicators ............... 28

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3.3 Challenges posed in the EIA system ............................................................... 32

Chapter 4: Review of Good Practices in EIA Law Internationally ........................ 34

4.1 Environmental Assessment Good Practices in Canada .................................. 34

4.2 Environmental Assessment Good Practices in United States of America ...... 36

4.3 Good Practices in Philippine Environmental Impact Statement (EIS) System 38

Chapter 5: Recommendations for Strengthening EIA System in India ................. 40

5.1 Key Areas of Strengthening ............................................................................ 40

5.2 Recommendations for Climate Proofing in EIA .............................................. 40

5.3 Recommendations for Assessment of Cumulative Impacts in EIA................. 41

Bibliography ....................................................................................................................... 43

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List of Figures

Figure 1: Environmental Clearance Process ...................................................................... 16

Figure 2: Process of obtaining Clearances for Projects requiring Environmental and CRZ/

Forest Clearance ................................................................................................................ 17

Figure 2: Forest Clearance Process .................................................................................... 18

Figure 4: CRZ Clearance Process ........................................................................................ 20

List of Tables

Table 1: Analysis of Environmental Clearance granted to Projects at the Central Level .. 29

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Table of Statutes

1. Environmental Impact Assessment Notification, 2006

2. Coastal Regulation Zone Notification, 2011

3. Forest Conservation Act, 1980

4. Forest Conservation Rules, 2004

5. National Resettlement and Rehabilitation Policy, 2007

6. Draft Land Acquisition, Resettlement and Rehabilitation Bill, 2011

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Table of Clearances

Reference No. Date Project

Proponent Type of Project/ activity

1 & 2: Mining, extraction of natural resources & power generation Primary processing and Primary Processing

J-11015/134/2007-IA II(M)

31-10-2007 M/s Mahanadi Coalfields Ltd.

Expansion in production & lease area, Kaniha Opencast project, Angul, Orissa

J-11015/308/2008-IA II(M)

03-05-2012 M/s Western Coalfields Ltd.

Expansion in production & lease area, Dhorwasa Opencast project, Chandrapur, Maharashtra

J-11015/106/2008-IA II(M)

23-03-2010 M/s Sova Ispat Ltd.

Ardhagram coal mining project, Raniganj coalfields, West Bengal

11-16/2008-IA-III 16-06-2008 M/s Reliance Energy

4000 MW power plant and captive jetty & ro-ro berth, Shahpur, Maharashtra

J-11015/1131/2007-IA II(M)

07-08-2009 Shri Vinay G. Mehta

Manganese and iron ore mine in South Goa

J-11015/150/2008-IA II(M)

10-12-2009 M/s Madras Cements Ltd.

Budhwada limestone mine, Krishna District, Andhra Pradesh

J-11015/17/2009-IA II(M)

29-06-2011 M/s Grasim Industries Ltd.

Expansion of captive Pawan-Jhipan limestone mine, Raipur, Chhattisgarh

3: Materials Production

J-11011/414/2009-IA-II (I)

22-06-2011 M/s Kay EII Dee Metaliks Pvt. Limited

Steel Ingots and TMT bars, District Fatehgarh Sahib in Punjab

J-11011/685/2007- IA II (I)

05-11-2008 M/s Jaiprakash Associates Ltd.

Cement Grinding Unit, Haridwar, Uttarakhand

J-11011/460/2009- IA II (I)

18-03-2011 M/s Shri Raghavendra Steels & Power (Pvt.) Limited

Sponge Iron, Ingot / Billets, Rolling Mill, Bellary , Karnataka

J-11011/287/2010-IA-II (I)

31-10-2011 M/s ECO Cement Limited

Cement Grinding Unit, Bhabua, Bihar

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J-11011/494/2007- IA II (I)

13-07-2009 M/s MSP Metallics Ltd.

Expansion of Integrated Steel Plant; Pig Iron, Pellet Plant; Steel Melting Shop; Captive Power Plant, Coal Washery and Coke Oven Battery, Jharsuguda, Orissa

4: Materials Processing

J-11011/696/2009- IA II (I)

22-12-2010 M/s Nibhi Industries (P) Limited

Asbestos Cement Sheets manufacturing unit, Thiruvannamalai, Tamil Nadu

J-11011/949/2008- IA II (I)

17-03-2009 M/s Ramco Industries Limited

Asbestos Cement Sheet Manufacturing Facility, Tirunelveli, Tamil Nadu

J-11011/267/2010-IA-II (I)

13-05-2011 M/s A Infrastructure Limited

Asbestos Cement pipes and sheets manufacturing Unit, Madhubani in Bihar

J-11011/474/2007- IA II (I)

22-03-2013 M/s Chennai Petroleum Corporation Limited

Resid Upgradation Project by adding Delay Coker Unit, OHCU Revamp Unit, Sulfur Recovery Unit, Sour Water Stripper, Amine Regeneration Unit and LPG-CFC Treating Unit, Manali Refinery Complex, District Thiruvallur, Tamil Nadu

5: Manufacturing /Fabrication

J-11011/30/2010-IA II(I)

02-04-2012 M/s Indo Phyto Chemical Pvt. Ltd.

Expansion of bulk drug unit, Shakhanpur, Uttarakhand

J-11011/12/2009-IA-II(I)

24-11-2009 M/s Suman Phosphate & Chemicals Limited

Chemical fertilizer unit, Barwani, Madhya Pradesh

J-11011/988/2008-IA II (I)

14-09-2011 M/s Parabolic Drugs Ltd.

Bulk Drug manufacturing Plant, Mohali, Punjab

J-11011/353/2009 - IA II (I)

28-02-2011 M/s Modern Insecticides Limited

Expansion of Pesticides Manufacturing Unit, Ludhiana, Punjab

J-11011/375/2010- IA II (I)

20-03-2012 M/s NSL Sugar Ltd (Unit-II) (Lessee of SSKN)

Expansion of Sugar Plant, Gulbarga, Karnataka

6: Service Sectors

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11-76/2011-IA.III 26-07-2012 M/s Indian Oil Petronas Pvt. Ltd

Pipeline from Ennore Port to LPG Import Terminal, Tamil Nadu

11-107/2009-IA-III 11-05-2010 M/s. Indian Oil Corporation Limited

cross country underground pipeline from KPSL Viramgam to Kandla, Gujarat

11-14/2010-IA-III 18-05-2010 M/s. Udupi Power Corporation Ltd.

Pipeline corridor at Yellur, Udupi District, Karnataka

11-94/2012-IA.III 09-04-2013 M/s. SEPC Power Pvt. Ltd.,

Pipelines passing across the Korampallam Canal, Thoothukudi District, Tamil Nadu

7: Physical Infrastructure

21-383/2007-IA-III 03-04-2008 Mangalore SEZ Ltd.

SEZ at Mangalore, Karnataka

21-281/2008-IA.III 10-07-2009 M/s MAS Fabric Park Pvt. Ltd.

Textile and Apparel Park , Nellore, Andhra Pradesh

10-23/2009-IA.III 17-07-2009 M/s Airport Authority of India

Terminal building at Jolly Grant airport, Dehradun, Uttarakhand

10-72/2007-IA-III 04-07-2008 M/s Gujarat Eco- Textile Park Ltd.

CETP for Eco-textile Park, Surat, Gujarat

10-10/2009-IA.III 02-06-2009 M/s Orissa Waste Management Project

Common Hazardous Waste TSDF, Jajpur, Orissa

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Abbreviations

CRZ Coastal Regulation Zone

CZMA Coastal Zone Management Authority

EAC Expert Appraisal Committee

EIA Environmental Impact Assessment

EIS Environmental Impact Statement

EMP Environmental Management Plan

GIS Geographical Information System

HTL High Tide Line

MoEF Ministry of Environment and Forests

NABET National Accreditation Board for Education and Training

SEAC State Expert Appraisal Committee

SEIAA State Environmental Impact Assessment Authority

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Executive Summary

Introduction

The Environmental Impact Assessment (EIA) law in India has been implemented for

almost two decades and has undergone a number of amendments along the way.

The latest and significant modification was effected in 2006 that superseded the EIA

Notification of 1994.

In the wake of large scale industrial and infrastructure development in the country, it

is important to assess whether EIA is only a procedural administrative requirement

or serves as a tool for sustainable development through law and practice.

The objectives of the Research are to assess EIA law and practice in India with indicators

of sustainable development; and identify additional measures moving towards

sustainable development.

Review of EIA Law and Implementation in India

The evolution of EIA law in India, its first notification in 1994 and the amendment

subsequently made to improve the system have been described.

The process of obtaining environmental clearance through categorization, screening,

scoping, public consultation and appraisal has been described. The correlation of EIA

with other regulations like forest clearance and coastal regulation zone clearance has

also been elaborated.

The various measures undertaken by the ministry of environment and Forests for

improvement of the EIA system in India have been briefly described. These include:

a) Accreditation of EIA Consultants

b) Preparation of EIA Manuals

c) Corporate Environment Policy

d) Transparency

e) Assessment of Cumulative Impacts – Ongoing Efforts


Analysis of EIA with Sustainable Development Indicators

Sustainable Development Indicators. The approach for sustainability assessment

recommended by Richard Gibson has been referred, to identify indicators for reviewing

where Indian EIA law and practice currently stands in terms of promoting sustainable

development.

The eight criteria recommended by Gibson have been used to further develop indicators

for reviewing the terms of reference and environmental clearances. The indicators used

for review are as follows:

1. Identification of significant impacts on various environmental media (flora,

fauna, air, water, land, socio-economic)

2. Social impact assessment

3. Livelihood restoration plans where project causes involuntary resettlement and

community development programs

4. Resource maintenance and efficiency – energy, waste

5. Public consultation and transparency

6. Labour welfare

7. Preventive measures adopted

8. Assessment of cumulative impacts

9. Climate change adaptation

Review of Environmental Clearances. The livelihood restoration in all project clearances

analyzed, refer to activities carried out by project proponents under Corporate Social

Responsibility. While social impact assessment is conducted only for projects causing

involuntary resettlement due to land acquisition.

The preventive measures undertaken in the mining sector include observing ground

water quantity and quality and stopping work if impact on these is noted; creating buffer

zones around streams and vegetation of native species; and taking measures to prevent

soil erosion. In one project, the proponent was asked to conduct controlled blasting due

to the presence of scheduled fauna. The preventive measures for most industrial sectors

include ‘zero discharge’, recycling of treated effluent and reusing waste generated in the

manufacturing process especially for industries like cement and asbestos.


The reuse of waste also contributes towards resource efficiency. Most industries have

been stipulated to adopt waste minimization techniques.

The environmental clearances granted to Special Economic Zones stipulate conditions on

use of thermal insulated roofing and opaque walls as per the Energy Conservation and

Building Code of India. It also mentions the use of compact fluorescent lamps in the

buildings which consume lesser energy as compared to other conventional lights.

The conditions of displaying the environmental clearance granted to the project on the

website as well as advertising the same in two local news papers is generally stipulated

for all projects whether industrial or infrastructure.

Barring the mining sector, overall review of the clearances shows that cumulative

impacts are not addressed in EIA and also climate change impacts, mitigation and

adaptation are not incorporated in the process.

Review of Terms of Reference. The terms of reference incorporates study of socio-

economic impacts of the project besides involuntary resettlement such as impacts on

livelihood status, impact on cropping patter and productivity within a particular buffer

area, fuel savings, impact on common resources and heritage areas.

The mitigation measures broadly mentioned in the terms of reference include

prevention as well as mitigation measures.

The study of resources that may be cumulatively impacted by a number of similar

projects in the region is not included. The accounting of GHG emissions contribution and

also identification of climate change impacts is not incorporated in the terms of

reference.

Review of Good Practices in EIA Law Internationally

The good practices from the Canadian, American and Philippine EIA system have been

reviewed.

Climate Change Assessment in Canadian EIA. The consideration of climate change in

environmental assessment has two parts:


1. Evaluation of the contribution of a proposed project to greenhouse gas emissions

(GHG) that have been identified as the primary cause for global climate change

a) Preliminary Scoping for GHG Considerations

b) Identify GHG Considerations

c) Assess GHG Considerations

d) GHG Management Plans

e) Monitoring, Follow-Up and Adaptive Management

2. Identification of where climate change may impact a proposed project

a) Preliminary Scope for Impacts Considerations

b) Identify Impacts Considerations

c) Assess Impacts Considerations

d) Impacts Management Plans

e) Monitoring, Follow-Up and Adaptive Management

American Cumulative Impact Assessment. The process for conducting assessment of

cumulative impacts includes the following steps:

1. Identification of Resources which are cumulatively affected

2. Geographical and temporal boundary

3. Past, Present, and Reasonably Foreseeable Future Actions

4. Describing the Condition of the Environment

5. Using Thresholds to Assess Resource Degradation

Philippine Environmental Impact Statement (EIS) System. The EIS system requires

projects that are categorized as ‘Environmentally Critical Projects’ and projects located

in ‘Environmentally Critical Areas’ to obtain an Environmental Compliance Certificate

from the Department of Environment and Natural Resources (DENR).

Among the areas declared as environmentally critical, areas frequently visited and/or

hard-hit by natural calamities such as typhoons, tsunamis, earthquakes, storm surge-

prone areas, flood-prone areas, locations prone to volcanic activities, locations along

fault lines or within fault zones and drought-prone areas are also included. It also

provides sources for obtaining the information and situation under which the natural

calamity should be taken into account.


Recommendations for Strengthening EIA System in India

Climate Proofing in EIA. The sectors that majorly contribute to GHG emissions could be

identified and GHG accounting and mitigation measures for reduction of emissions for

these sectors could be incorporated in the terms of reference for EIA.

The locations that are vulnerable to climate change impacts such as sea level rise, storm

surges, flooding, tsunamis, typhoons, land subsidence, drought, beach erosion and sea

water ingress could be marked to a greater detail with attributes on historic events than

is provided in the Vulnerability Atlas of India1.

A correlation matrix could be drawn between different sectors and their project

components versus climate change impacts. For projects that are located in climate

change vulnerable areas and include components that are susceptible to the impacts,

further investigation could be conducted and suitable mitigation & adaptation strategies

could be devised. For example ports/ jetties located in areas prone to flooding or storm

surges or sea level rise.

Vulnerable areas which could be further degraded due to location of certain type of

projects should be identified and disallowed for development. For example location of

water intensive industries like sugar, pulp and paper near water courses prone to

droughts.

Assessment of Cumulative Impacts in EIA. Assessment of cumulative impacts would

require all environmental sensitive features, geographical features, administrative data,

environmental quality data and development project details to be available on one map

on which further analysis could be carried out. Such a database could be developed

using Geographical Information System (GIS). A separate GIS Cell could be created for

the purpose such as a ‘National Environmental Data Centre’.

The MoEF could access information on industrial and infrastructure projects from the

State Government, SEIAA and State Pollution Control Boards. The data regarding

environmentally sensitive areas like national parks, wildlife sanctuaries, biosphere

1 The Vulnerability Atlas of India prepared by the Building Materials and Technology Promotion Council provides State-wise maps for natural hazards such as wind & cyclone, earthquake & fault lines and floods which have a potential to damage housing stock and related infrastructure.


reserves, critically polluted areas and eco-sensitive zones; and their status would be

available with MoEF.

The project proponents could be provided with a standard format by the State Pollution

Control Boards for submitting data on ambient environmental quality for baseline

studies in EIA and periodic monitoring during construction and operation as well as stack

emissions or treated effluent quality. The GIS based database could be updated on a

quarterly basis for environmental quality data attached as attributes to respective

locations thus replacing the older data.

The database could be developed by MoEF and made available to the project proponent

for a fee. The responsibility of maintenance of the database in terms of updates on

information, hardware and software would lie with MoEF. The project proponent would

require submitting latitude and longitude of the proposed project location or alignment

of the linear project to MoEF or any of their Regional Offices. An analysis around a buffer

defined by MoEF for different sectors could be conducted by the GIS Cell which enables

extraction of data. This data would be provided to the project proponent which could

further be used by their environmental experts for predicting the cumulative impacts

and accordingly building in measures to manage the same.


Chapter 1: Introduction

1.1 Background

The concept of Environmental Impact Assessment (EIA) originated under the National

Environmental Policy Act (NEPA, 1969) of the United States of America requiring

environmental consideration in large-scale projects.

Today, EIA is one of the most accepted decision-making tools for project appraisal across

the world. It enables project decision-makers take environmental issues into

consideration at an early stage of project conception and design. EIA is defined as the

process of identifying, predicting, evaluating, and mitigating the biophysical, social, and

other relevant effects of proposed projects and physical activities prior to major

decisions and commitments being made2 (Sadler Barry 1996).

Supporting the concerns presented by the Brundtland Commission (1987), EIA has been

considered as a central management tool for achieving sustainable development. The

report defines sustainable development as "development, which meets the needs of the

present generation without compromising the ability of future generations to fulfill their

needs."

The process of EIA serves long term and short term goals. The short term goals include

optimizing use of natural resource; identifying appropriate measures for mitigating the

potential negative impacts; and facilitating informed decision making and opportunity

for transparency and participation in the decision process. The long term goals include

safeguarding ecological processes and heritage areas; avoiding irreversible impacts;

protecting human health & community well being; and addressing concerns related to

displacement and disruption of traditional lifestyles. Through these, EIA expresses the

ideals of sustainable development. The scope of assessment has expanded over time

and been responsive to emergent global environmental concerns.

2 Definition sourced from Sadler Barry, ENVIRONMENTAL ASSESSMENT IN A CHANGING WORLD: Evaluating Practice to Improve Performance (1996) pg. 13, Minister of Supply and Services Canada


Worldwide, the process of EIA is executed through law and in India, the EIA

Notification, 2006 is the implementing regulation. The appraisal process also

establishes linkages with other statutes/ regulations like Forest Conservation Act,

1980 and Coastal Regulation Zone Notification, 2011.

EIA plays a major role in regulating development in India and evaluating the impacts

of projects and activities on various components of the environment and society.

1.2 Need for the Research

India has experienced rapid industrial growth since the enactment of the economic

liberalization policies in 1991. In the period 1987- 2007 there has been a growth of

42.67% in industrial units and a rise in the production capacity and output within

individual manufacturing facilities. India has seen a consistent 8% compounded

annual growth rate of the Index of Industrial Production during the period of the

10th Five Year Plan, 2002 – 2007. This growth has carried forward into the 12th Five

Year Plan despite a reduction in 2008-09 owing to the global financial crisis.3 India

has identified investment in infrastructure sector as the mode of maintaining and

managing the high growth rate (De Prabir, 2008).

The EIA law in India has been implemented for almost two decades and has

undergone a number of amendments along the way. The latest and significant

modification was effected in 2006 that superseded the EIA Notification of 1994.

In the wake of large scale industrial and infrastructure development in the country, it

is important to assess whether EIA is only a procedural administrative requirement

or serves as a tool for sustainable development through law and practice.

Does the EIA process in India reflect the ideals of sustainable development? What

are the steps taken by the regulatory authority in that direction and what is

additionally required? Which are the practices that can be adopted from other

developed and developing nations? The EIA system in India has matured to a level

wherein its effectiveness as a sustainability tool can be assessed.

3 Shri Jaamshyd Godrej and Shri Naushad Forbes, Report of the Working Group on “Effectively Integrating Industrial Growth and Environment Sustainability”, Twelfth Five Year Plan (2012-2017), Pg 2, Planning Commission, Government of India


1.3 Research Question

How should EIA law and practice be used as a tool for sustainable development?

1.4 Aim and Objectives

Aim:

To develop a mechanism for using EIA through law and practice as a tool for sustainable

development.

Objectives:

1. To assess EIA law and practice in India with indicators of sustainable development.

2. To identify additional measures to make EIA law and practice a tool for sustainable

development.

1.5 Scope and Limitations

Scope:

a) Review of EIA Notification 2006 and its previous amendments.

b) Review of regulations linked with EIA like Forest Conservation Act, 1980 and Coastal

regulation Zone Notification, 2011.

c) Review of EIA law in other developed and developing nations.

d) Develop indicators of sustainable development for assessment of EIA law and

practice in India.

e) Identify gaps in EIA law and practice in India towards becoming a tool for sustainable

development.

f) Develop a mechanism for use of EIA through law and practice as a tool for


Limitations:

1. The dissertation focuses on project level environmental impact assessment

2. The EIA law after the amendment of 2006 will be reviewed.


3. The EIA practices adopted by the regulatory authority between September 2006 and

December 2012 will be reviewed.

4. The environmental clearances and terms of reference issued by MoEF only will be

reviewed due to ease of access.

5. This dissertation does not comment on implementation of environmental

management plan on ground or on the institutional capacity at Centre and State.

1.6 Research Methodology

Objectives Approach Output

1. To assess EIA

law and practice

in India with

indicators of

sustainable

development.

a) Review EIA Notification, 2006

and other linked regulations like

Forest Conservation Act, 1980 and

Coastal regulation Zone

Notification, 2011.

b) Review different mechanisms

implemented for improvement

of EIA practice in India.

c) Review Environmental Clearance

Conditions of large infrastructure

and industrial projects approved

at Central level, composition of

the committees.

d) Review of terms of reference for

conduct of EIA for projects and

activities.

e) Review requirements of EIA for


Identification of good

practices and gaps in EIA

law and practice as a

tool for sustainable

development.

2. To identify a) Review of EIA law in select

developed and developing nations

Develop mechanisms for

the Indian context to


Objectives Approach Output

additional

measures to

make EIA law

and practice a

tool for

sustainable

development.

to identify good practices.

b) Identify challenges faced in India

to use EIA as a tool for sustainable

development.

elevate EIA through law

and practice as a tool

for sustainable

development.


Chapter 2: Review of EIA Law and Implementation in India

2.1 Evolution of EIA in India

Environmental issues took the centre-stage in India after participation in the Stockholm

Conference in 1972. The National Committee on Environmental Planning and

Coordination (NCEPC) was constituted, under the Department of Science and

Technology (DST). The Planning Commission directed the NCEPC to examine major

projects including river valley projects which required the approval of the Public

Investment Board from an environmental perspective. Thus environmental impact

assessment (EIA) was an administrative requirement and lacked legislative support.

In January 1994, the Ministry of Environment and Forests published the Environmental

Impact Assessment Notification in the Gazette of India, under section 3 of the

Environmental Protection Act, 1986. The projects/ activities listed in Schedule I of the

Notification required mandatory prior Environmental Clearance for expansion or

modernization of any activity or for setting up new projects. There have been a number

of amendments to the notification after 1994.

Some of the significant amendments are given below:

1. The process of public hearing was introduced in the environmental clearance

process in April 1997 to obtain views and concerns of the affected community

and interested parties for the proposed project/ activity.

2. The year 2003 saw a number of amendments to the Notification which further

strengthened the process. The amendment of February, 2003 took into

consideration location-sensitivity and prohibited certain processes and

operations in specified areas of the Aravalli Range.

3. In May 2003 the notification was amended to expand the list of activities

involving risk or hazard like river valley projects including hydel power projects,

major irrigation projects and flood control projects.


4. In August 2003, the location sensitivity aspect was further emphasized. Any

project located in a critically polluted area; within a radius of 15 kilometers of

the boundary of reserved forests, ecologically sensitive areas, including national

parks, wildlife sanctuaries, biosphere reserves; and any State/ International

boundary, had to obtain environmental clearance from the Central Government.

5. Site clearance was made mandatory for green field airport, petrochemical

complexes and refineries by the amendment in September 2003.

6. The amendment in July 2004 made EIA mandatory for construction projects and

industrial estates.

The environmental clearance process was significantly modified to further strengthen

the system by introducing the EIA Notification of 2006 which superseded the 1994

Notification. Some key modifications are listed below:

2.2 Environmental Clearance Process in India

The process for obtaining environmental clearance by the project proponent is outlined

in The EIA Notification 2006. Refer Figure 1 which summarizes the entire process.

The proponent of a project or activity is required to obtain a prior environmental

clearance in accordance to the EIA Notification, 2006. Inorder to obtain the

environmental clearance, an EIA has to be conducted for all new projects / activities,

expansion or modernization of existing projects / activities and for any change in the

product-mix in an existing manufacturing unit; which cross the threshold limits specified

in the Schedule of the Notification. The environmental clearance is granted by the

Ministry of Environment and Forests (MoEF) or the State Environment Impact

Assessment Authority (SEIAA) based on categorization of the project/ activity.

A project/ activity is categorized as Category A or Category B by the Schedule of the

Notification based on spatial extent of potential impacts and impacts on human health

and natural resources using parameters like area, size, capacity and nature of project.

Category A projects receive clearance from MoEF while Category B projects receive

clearance from SEIAA. In addition to the Schedule, the general conditions are applied to

projects/activities to determine categorization.


The general conditions state that any project /activity categorized as Category B by the

Schedule will be elevated to Category A if located whole or part within 10 km of the

boundary of: (i) Protected Areas under Wildlife Protection Action, 1972; (ii) Critically

Polluted Areas as identified by Central Pollution control Board (CPCB); (iii) Notified

Ecosensitive Areas, notified under Section 3 of Environment Protection Act, 1986; and

(iv) interstate and international boundaries.

After categorization as per the Schedule, the project proponent is required to apply for

prior environmental clearance to MoEF or SEIAA for Category A and B projects

respectively along with a project pre-feasibility report and Form I as given in Appendix I

of the notification. For building construction and township projects, Form I-A given in

Appendix II of the Notification has to be additionally submitted.

The Category B projects or activities are further categorized as Category B1 or B2

through a screening process conducted by the State Expert Appraisal Committees.

Category B1 projects would need to conduct an EIA while Category B2 projects are

appraised based on Form I and Form I-A for building construction projects.

For Category A and B1 projects the project proponents would have to propose a Terms

of Reference to the Expert Appraisal Committee at the Central and State level

respectively. The Committee finalizes the terms based on the submissions and a site visit

is conducted by a sub-group of the Committee, if required. This stage is called Scoping in

the Notification.

After receiving the approved terms of reference from the Expert Appraisal Committee,

the project proponent is required to conduct an EIA accordingly. The draft EIA including

the Environmental Management Plan (EMP) have to be presented to the public for

consultation. The process involves taking into account all material concerns of local

affected persons and those who may have a stake in the environmental impacts of the

project or activity. All Category A and B1 projects have to undertake public consultation

except a few projects listed in the Notification. Public consultation comprises of two

components – public hearing and obtaining written responses from concerned persons.

The project proponent is required to make an application to the concerned State

Pollution Control Board for organizing the public hearing. The proceedings of the public

hearing are required to be video recorded and minutes have to be written. The draft EIA


and EMP have to be finalized and accordingly modified by addressing all material

concerns expressed during the public consultation.

The final EIA and EMP along with outcome of the public consultation have to be

submitted to MoEF/ SEIAA as applicable and the same are appraised by the Expert

Appraisal Committee during proceedings where the project proponent is present to

furnish clarifications, where required. In some cases additional details have to be

furnished to the Committee. Once all details are provided by the project proponent and

the Committee scrutinizes the same, recommendations are made to MoEF/ SEIAA for

grant of environmental clearance on stipulated terms and conditions.

Post clearance, compliance reports on the stipulated conditions have to be submitted by

the project proponent to the Regional Office of MoEF on 1st June and 1st December

every calendar year.


Categorization by Project Proponent

referring to Schedule in EIA Notification

(Category A/B/not included)

Category A Category B

Not included in

Schedule of EIA

Notification

Need not approach

Regulatory Authority

Screening into

Category B1/B2 by

SEIAA

Category B1 Category B2

Appraisal based on

Form I submitted

EC process similar to

Category A but

conducted at State

level – SEIAA/SEAC

Scoping, finalizing Terms of

Reference for EIA studies by

EAC, MoEF

Prefeasibility, EIA Studies,

Public Hearing

Appraisal by EAC, MoEF

Communicate to Project

Proponent

EC granted/ rejected/

granted with conditions

Post Environmental Clearance

monitoring reports submitted on 1st

June and 1st December every

calendar year

Figure 1: Environmental Clearance Process

2.3 Correlation with Other Regulations

The environmental clearance process has linkages with the process of forest clearance

as well as costal regulation zone (CRZ) clearance, where applicable.

For projects that require environmental clearance and require diversion of forest land,

Stage I forest clearance is to be sought before submission of proposal for obtaining

terms of reference from EAC/SEAC.

For projects that require environmental clearance and are located in the CRZ, project

activities marked on CRZ map have to be incorporated in the scope for EIA studies. The

recommendations from the Coastal Zone Management Authority are incorporated in the


environmental clearance. Refer Figure 2 to see the inter-linkages between the three

clearance processes.

Categorization as per Schedule

of EIA Notification

Screening of Category B

projects by SEIAA

Scoping, Issue of Terms of

Reference

Appraisal by EAC/SEAC

Grant of Environmental

Clearance

Stage I Forest Clearance

Recommendations from CZMA

Post Environmental Clearance

Monitoring

Project activities marked on CRZ

Map

Figure 2: Process of obtaining Clearances for Projects requiring Environmental and CRZ/ Forest Clearance

The process for obtaining forest clearance and CRZ clearance is briefly outlined in the

following sections for better understanding of Figure 2.

2.3.1 Process for obtaining Forest Clearance

The process and requirements for obtaining forest clearance for a project is given in the

Forest Conservation Act, 1980 and Rules 2004. For projects that require use of forest

land for non-forest purposes, the project proponent has to submit the project proposal

with adequate justification for the diversion of forest land to the Nodal Agency under

the respective State Government. A project proposal with forest land requirement upto

40 hectares is processed by the Chief Conservator of Forests of the Regional Office of

MoEF while a project with forest land requirement above 40 hectares is processed by

MoEF.


The forest clearance is granted in two stages, Stage I clearance is granted wherein the

proposal is agreed to in principle with conditions relating to transfer, mutation and

declaration of a reserve forest/protected forest under the Indian Forest Act, 1927 of

equivalent non-forest land for compensatory afforestation and funds for raising

compensatory afforestation thereof are stipulated. Stage II clearance is granted after

receipt of compliance report on stipulated conditions from the State Government. Refer

Figure 3 for a summary of the forest clearance process.

Proposal in Form ‘A’ to Nodal

Officer under State Government

Diversion of forest land upto 40 hectares

Proposal forwarded to Chief

Conservator of Forests of respective

Regional Office of MoEF

Diversion forest land of more than 40

hectares

Proposal forwarded to MoEF

Sent to Forest Advisory

Committee (FAC)/ State Advisory

Group (SAG)

Grant of Stage I Forest

Clearance by MoEF

Compliance report of stipulated

conditions submitted by State

Government to MoEF

FAC/SAG recommends

conditions to be stipulated to

MoEF

Grant of Stage II Forest

Clearance by MoEF

Figure 3: Forest Clearance Process


2.3.2 Process for obtaining CRZ Clearance

The CRZ as defined by the CRZ Notification 2011 issued under sub-section (1) of section

and clause (V) of subsection (2) of section 3 of the Environment (Protection) Act, 1986

comprises of:

1. Land area from high tide line to 500mts on the landward side along the sea front

2. Land area between HTL to 100 mts or width of the creek whichever is less on the

landward side along the tidal influenced water bodies that are connected to the sea

3. Land area between HTL and low tide line - intertidal zone

4. Water and the bed area between the LTL to the territorial water limit (12 nm) in case

of sea

5. Water and the bed area between LTL at the bank to the LTL on the opposite side of

the bank, of tidal influenced water bodies

For projects located in the CRZ, the project proposal is to be submitted to the State

Coastal Zone Management Authority (CZMA) in Form I given in Annexure IV of the

Notification. The recommendations of the State CZMA are forwarded to the National

CZMA. The National CZMA recommendations are sent to SEIAA or MoEF for projects also

requiring environmental clearance. For projects that do not require environmental

Clearance, recommendations from National CZMA are sent to MoEF for grant of

clearance (refer Figure 4).


Application to State Coastal

Zone Management Authority

(SCZMA) in Form-I

Recommendation from SCZMA

sent to National CZMA

Recommendation from NCZMA

to SEIAA/ MoEF for projects that

require Environmental Clearance

Recommendation from NCZMA

to MoEF for project that do not

require Environmental Clearance

Grant of Clearance incorporated

in Environmental Clearance

Grant of Clearance

Post Clearance Monitoring and

Submission of half yearly reports

Figure 4: CRZ Clearance Process

2.4 Initiatives for Improvement of EIA Practice

The various initiatives taken by MoEF for improving the implementation of EIA practice

in India and strengthening the system are briefly described in the following sections.

2.4.1 Accreditation of EIA Consultants

The MoEF found that the EIA reports prepared by the Consultants in India did not meet

the required quality due to a number of reasons such as competence of Consultants;

poor quality of data used; “copy paste” tendency of Consultants; and conflict of interest

as the Consultants are engaged by the project proponents. Therefore, need for an

accreditation scheme was felt that defines the requirements for a Consultant

organization conducting EIA which will eventually contribute towards improving the

quality of EIA in the country.


The accreditation scheme for EIA Consultant organizations was prepared by National

Accreditation Board for Education & Training (NABET), a constituent board of the Quality

Council of India. The scheme was developed with inputs from various stakeholders

including experts in the field, regulatory agencies, Consultants etc and first launched in

August 2007 on a voluntary basis. The scheme was reviewed by MoEF and further

updated which was launched in January 2010. The scheme was made mandatory by the

MoEF through an Office Memorandum No. J/11013/77/2004- lA ll (l), dated 2nd

December, 2009.

The scheme acknowledged that for conduct of EIA, a multidisciplinary team with

specialists that have knowledge of the sector requiring EIA, as well as in functional areas

like land use, air pollution control, air quality modeling, water pollution control, noise

and vibration, ecology and bio-diversity, socio economic aspects, risks and hazard

management etc. are required. The scheme required an organization to have an EIA

Coordinators with overall knowledge of the project and functional areas likely to be

impacted; and Functional Area Experts to assess specific impacts and provide inputs to

the Coordinator for preparation of the EIA report.

The following requirements of the EIA Consultant organization were assessed:

a) Qualification and experience of EIA Coordinators and Functional Area Experts

b) Field investigations and laboratory arrangement to ensure the quality of the

baseline data

c) Quality management systems followed

d) Office facilities and other enabling factors to be provided by an organization

Since 30th September, 2011, only accredited EIA Consultant organizations are allowed to

make presentation before the Expert Appraisal Committees at the Centre and State. As

on 5th April, 2013 the number of accredited EIA Consultant organizations is 151 and the

list can be accessed at http://qcin.org/nabet/EIA/document2012/Annexure7.pdf. The

accreditation has been granted by NABET to EIA Consultant organizations specific to

sectors and category of projects based on their capacity as assessed. The accreditation is

valid for a period of three years, after which the Consultant organizations have to apply

for re-accreditation. An accredited Consultant is required to strictly comply with the

conditions of accreditation. Any non-compliance of conditions could result in withdrawal

of the accreditation.

http://qcin.org/nabet/EIA/document2012/Annexure7.pdf


2.4.2 EIA Manuals

Inorder to provide technical guidance to various stakeholders involved in the

environmental clearance process, the MoEF undertook the preparation of EIA Manuals

on major sectors of developmental projects which are listed in the Schedule to the EIA

Notification, 2006. The Manuals will assist in preparation of EIA/EMP Reports thus

improving their quality. In addition the Manuals will serve as guidance to Expert

Appraisal committees at the Centre and State for screening, scoping and appraisal of

projects of various sectors for grant of environmental clearance.

A total of 37 sector manuals listed below were prepared and have been made available

on MoEF’s website http://envfor.nic.in/modules/others/?f=eia-manuals:

1. Mining

2. Mineral Beneficiation

3. Airports

4. Asbestos

5. Ports & Harbours

6. Building Construction and

Townships

7. Highways

8. Coal Washery

9. Aerial Ropeways

10. Nuclear Power

11. Thermal Power

12. Cement

13. Chemical Fertilizers

14. Sugar

15. Distilleries

16. Leather/Skin/Hide Processing

Industry

17. Pulp & Paper

18. Offshore and On-shore Oil & Gas

Exploration, Development &

production

19. Induction/Arc and Cupola Furnaces

20. Metallurgical Industries

21. Oil & Gas Transportation pipe-line

22. Oil Refineries

23. Petrochemical Plants

24. Pesticides and Pesticide

Intermediates

25. Chlor Alkali Industry

26. Synthetic Organic Industry

27. Petrol-chemical based production

28. Coke Oven Plants

29. Soda Ash

30. Integrated Paints

31. Man-made Fibre

32. Isolated Storages and handling of

hazardous chemicals

33. Common Municipal Solid Wastes

34. Common Effluent Treatment Plants

(CETPs)

35. Industrial Estates

36. Ship Breaking Yards

http://envfor.nic.in/modules/others/?f=eia-manuals


37. Common Hazardous Waste Disposal, Storage and Treatment Facilities

The Manual for each sector includes procedure of obtaining environmental clearance,

related regulations, model terms of reference, technological options, processes for

cleaner production, waste minimization and specifics for monitoring of environmental

quality. The Manuals will be periodically updated to keep pace with changes such as

technology, regulatory etc.

The use of the sector- specific model terms of reference given in the EIA Manuals has

been mandated by MoEF through a circular no. J-11013/41/2006-IA. II(I), dated 4th

December, 2012.

2.4.3 Corporate Environment Policy

In accordance to the Office Memorandum issued by MoEF No. J-11013/41/2006-IA.II(I),

dated 26th April, 2011, all central public sector units and major projects are required to

adopt a Corporate Environment Policy.

The major projects that should adopt such policy are:

a) Coal based thermal power plants with capacity of 500 MW and above

b) Integrated steel plants with capacity of 1 MTPA and above

c) Cement plant with capacity of 3 MTPA and above

d) Petroleum refining industries

The Policy should ensure that the Company strictly adheres to the environmental and

forest clearances granted to them. Any violations of the clearances, if identified by MoEF

or other public authorities should be duly reported to the Board of Directors. The

Company is required to designate responsible person(s) to ensure compliance to

environmental laws and regulations.

As per the memorandum, the requirement of Corporate Environment Policy is to be

included in the terms of reference by the Expert Appraisal Committees. The EMP

prepared for the project should include details of the Policy and its implementation.


Further to assist the Companies in institutionalizing the Corporate Environmental

Responsibility, a draft concept paper has been prepared and issued by MoEF outlining

elements of the Corporate Environment Policy.

2.4.4 Transparency

An important aspect to improvement of the EIA system is the transparency introduced

at various levels.

For all Category A projects, the approved terms of reference, public hearing proceedings

as well as environmental clearance granted to the project can be accessed from MoEF

website at http://environmentclearance.nic.in/. A copy of the clearance is also required

to be displayed on Company websites in accordance to general conditions of the

environmental clearance granted to the Company.

The post environmental clearance compliance report as well as environmental

statement, where required are also required to be displayed on the Company website in

accordance to general conditions of the environmental clearance granted to the

Company.

The list of accredited EIA Consultant organizations can also be accessed from the above

link including the application form for prior environmental clearance.

To discourage project proponents from initiating work at site and then applying for

environmental clearance, the MoEF has issued an Office Memorandum no. J-

11013/41/2006-IA.II(I), dated 12th December, 2012 outlining actions to be taken for such

violations of the EIA Notification, 2006.

The course of actions, on realization of the violation, by MoEF or the Expert Appraisal

Committee are as follows:

1. The project proponent will have to be put the matter relating to the violation before

the Board of Directors

2. Submit a written commitment to MoEF to ensure that violations will not be repeated

3. The concerned State Government will have to take legal action against the Company

for the period of the violation

http://environmentclearance.nic.in/


4. The details of the project proponent and a copy of the commitment will be put on

the website of MoEF for information of all stakeholders.

2.4.5 Assessment of Cumulative Impacts – Ongoing Efforts

The EIA Notification of 2006 does not mandate the project proponent to conduct

cumulative impact assessment. However in the last two years public action through

public interest litigation (PIL) or the MoEF has been directing thermal power projects to

conduct cumulative impact assessment.

For example the construction of thermal power plant at Cuddalore by IL&FS Tamil Nadu

Power Company Ltd. was stalled during due to a PIL filed at the National Green Tribunal

(NGT) against the environmental clearance granted to the project. The power company

was directed to carry out a cumulative impact assessment study and the MoEF was

directed by NGT to review the study and stipulate additional conditions. The NGT also

directed MoEF to conduct a study of the carrying capacity of the region around

Cuddalore Industrial Area.

The MoEF has also been conducting cumulative impact assessment of other sectors that

have a high dependency on use of natural resources. For example, the National River

Conservation Directorate, MoEF conducted an assessment of cumulative impacts of

hydro power projects in Alaknanda-Bhagirathi basins through Alternate Hydro Energy

Centre, IIT Roorkee. Similarly a study is underway by MoEF to assess the cumulative

impacts of mining of iron ore and manganese in Goa.


Chapter 3: Analysis of EIA with Sustainable Development

Indicators

3.1 Identifying Sustainable Development Indicators

The approach for sustainability assessment recommended by Richard Gibson has been

referred, to identify indicators for reviewing where Indian EIA law and practice currently

stands in terms of promoting sustainable development.

The ‘core generic criteria for sustainability assessments’4 given by Richard Gibson are as

follows:

1. Socio-ecological system integrity - Build human–ecological relations to establish

and maintain the long-term integrity of socio-biophysical systems and protect

the irreplaceable life support functions upon which human and ecological well-

being depends.

2. Livelihood sufficiency and opportunity - Ensure that everyone and every

community has enough for a decent life and that everyone has opportunities to

seek improvements in ways that do not compromise future generations’

possibilities for sufficiency and opportunity.

3. Intragenerational equity - Ensure that sufficiency and effective choices for all

are pursued in ways that reduce dangerous gaps in sufficiency and opportunity

(and health, security, social recognition, political influence, and so on) between

the rich and the poor.

4. Intergenerational equity - Favour present options and actions that are most

likely to preserve or enhance the opportunities and capabilities of future

generations to live sustainably.

5. Resource maintenance and efficiency - Provide a larger base for ensuring

sustainable livelihoods for all, while reducing threats to the long-term integrity

4 Robert B. Gibson (2006): Sustainability assessment: basic components of a practical approach, Impact Assessment and Project Appraisal, 24:3, 174


of socio-ecological systems by reducing extractive damage, avoiding waste and

cutting overall material and energy use per unit of benefit.

6. Socio-ecological civility and democratic governance - Build the capacity,

motivation and habitual inclination of individuals, communities and other

collective decision-making bodies to apply sustainability requirements through

more open and better informed deliberations, greater attention to fostering

reciprocal awareness and collective responsibility, and more integrated use of

administrative, market, customary and personal decision-making practices.

7. Precaution and adaptation - Respect uncertainty, avoid even poorly understood

risks of serious or irreversible damage to the foundations for sustainability, plan

to learn, design for surprise, and manage for adaptation.

8. Immediate and long term integration - Apply all principles of sustainability at

once, seeking mutually supportive benefits and multiple gains.

The above eight criteria reproduced from the cited article have been used to develop

indicators for reviewing the terms of reference and environmental clearances. The

indicators used for review are as follows:

1. Identification of significant impacts on various environmental media (flora,

fauna, air, water, land, socio-economic)

2. Social impact assessment

3. Livelihood restoration plans where project causes involuntary resettlement and

community development programs



6. Labour welfare

7. Preventive measures adopted


9. Climate change adaptation


3.2 Analysis of EIA Practice with Sustainable Development

Indicators

3.2.1 Methodology of Review

The review of EIA practice has been carried out by assessing the standard terms of

reference provided in the EIA Manuals and the environmental clearances granted to the

projects with sustainable development indicators outlined in Section 3.1 of this Chapter.

For the purpose of analysis, about four to seven environmental clearances granted to

projects after the year 2006 across each of the eight categories as given in the Schedule

of EIA Notification have been reviewed.

The eight categories of projects as defined in the EIA Notification are:

1. Mining, extraction of natural resources & power generation

2. Primary Processing

3. Materials production

4. Materials processing

5. Manufacturing /Fabrication

6. Service Sectors

7. Physical infrastructure

8. Building / Construction/ Area development/ townships

During the analysis, category 1 and 2 i.e. mining and primary processing have been

merged as these projects are not developed in isolation and mostly include components

which fall under both categories. Also projects under category 8 have been scoped out

from analysis as they are Category B projects and are processed at the State Level.

The specific and general conditions stipulated in the clearance documents have been

reviewed to assess whether they include actions required to meet sustainable

development.

The project/ activities that were granted environmental clearance by Ministry of

Environment and Forests have been accessed from http://environmentclearance.nic.in/



3.2.2 Review of Environmental Clearances

A total of 30 environmental clearances granted to projects have been reviewed and the results are presented in Table 1.

Table 1: Analysis of Environmental Clearance granted to Projects at the Central Level

# Sectors

Sustainability Indicators

1 & 2 3 4 5 6 7

Mining, extraction of natural resources & power generation & Primary Processing

Materials production

Materials processing

Manufacturing /Fabrication

Service Sectors

Physical infrastructure

1. Impacts on environmental media

7 5 4 5 4 5

2. Social Impact Assessment 4 0 0 0 0 3

3. Livelihood restoration and community development plans

4 2 1 2 1 0


0 1 4 2 0 2


7 5 4 5 4 5

6. Labour welfare 1 4 4 5 2 2

7. Preventive measures adopted 7 4 4 5 3 0


1 0 0 0 0 0

9. Climate change adaptation 0 0 0 0 0 0


The livelihood restoration in all project clearances analyzed, refer to activities carried

out by project proponents under Corporate Social Responsibility. While social impact

assessment is conducted only for projects causing involuntary resettlement due to land

acquisition.

The preventive measures undertaken in the mining sector include observing ground

water quantity and quality and stopping work if impact on these is noted; creating buffer

zones around streams and vegetation of native species; and taking measures to prevent

soil erosion. In one project, the proponent was asked to conduct controlled blasting due

to the presence of scheduled fauna. The preventive measures for most industrial sectors

include ‘zero discharge’, recycling of treated effluent and reusing waste generated in the

manufacturing process especially for industries like cement and asbestos.

The reuse of waste also contributes towards resource efficiency. Most industries have

been stipulated to adopt waste minimization techniques such as:

a) Metering and control of quantities of active ingredients

b) Reuse of by-products from the process as raw materials or as raw material

substitutes in other processes

c) Use of automated filling to minimize spillage

d) Use of Close Feed system into batch reactors

e) Venting equipment through vapour recovery system

f) Use of high pressure hoses for equipment clearing to reduce wastewater

generation

The environmental clearances granted to Special Economic Zones stipulate conditions on

use of thermal insulated roofing and opaque walls as per the Energy Conservation and

Building Code of India. It also mentions the use of compact fluorescent lamps in the

buildings which consume lesser energy as compared to other conventional lights.

The conditions of displaying the environmental clearance granted to the project on the

website as well as advertising the same in two local news papers is generally stipulated

for all projects whether industrial or infrastructure.


Barring the mining sector, overall review of the clearances shows that cumulative

impacts are not addressed in EIA and also climate change impacts, mitigation and

adaptation are not incorporated in the process.

3.2.3 Review of Terms of Reference

The terms of reference for EIA provided in the EIA Manuals specify the components of

the projects that should be described; the environmental components present in the

project area that should be elaborated; details for baseline environmental data that

should be obtained, primary or secondary; baseline study on social impacts of the

project; the anticipated environmental impacts on different environmental media and

mitigation measures for the same; additional studies that may be required such as public

consultation, risk assessment, disaster management plan etc; and an environmental

management plan with an institutional structure and monitoring plan.

The terms of reference incorporates study of socio-economic impacts of the project

besides involuntary resettlement such as impacts on livelihood status, impact on

cropping patter and productivity within a particular buffer area, fuel savings, impact on

common resources and heritage areas.

The mitigation measures broadly mentioned in the terms of reference include

prevention as well as mitigation measures.

The study of resources that may be cumulatively impacted by a number of similar

projects in the region is not included. The accounting of GHG emissions contribution and

also identification of climate change impacts is not incorporated in the terms of

reference.

3.2.4 Summary of Findings

The review of environmental clearances granted to projects as well as the terms of

reference developed as a standard list for different sectors shows that cumulative

impact assessment and climate change effects assessment is not incorporated in the EIA

system. While social impact assessment is included in the study, specific conditions with

respect to the identified impacts are not stipulated in the environmental clearances

granted.


3.3 Challenges posed in the EIA system

The lack of assessment of cumulative impacts, climate change risks and social impacts of

development projects have been identified as the key weaknesses in the EIA system in

India. The challenges posed for conduct of these assessments is elaborated in this

section.

3.3.1 Cumulative Impact Assessment

In Section 2.4.5 of this report we have seen that efforts are being made towards

assessing cumulative impacts of large projects especially those heavily dependent on

natural resources like water, minerals etc. There is a dichotomy as to who is responsible

for assessing cumulative impacts, MoEF or the project proponent?

The project proponent is posed with a number of challenges in conducting cumulative

impact assessment as listed below:

1. Limited knowledge of other development projects proposed in the vicinity

2. Constraints in access to other project details for assessing cumulative impacts

3. Constraints in access to baseline monitoring data of other projects

4. Easy access to environmental quality monitoring data of existing projects

5. Deciding the boundary in area and time for assessing cumulative impacts

6. Non- availability of data in standard formats

7. Absence of clear siting guidelines for large scale infrastructure and industrial projects

8. Different pieces of information available with different institutions – MoEF, State

Pollution Control Boards, Regional Office of MoEF, State EIA Authority

3.3.2 Climate Change Risks

The Indian Network for Climate Change Assessment was launched in October 2009 for

developing decision support systems and building capacity towards management of

climate change related risks and opportunities among other objectives. Climate change

projections on observed climate for four key sectors expected to be impacted such as

the agriculture, water, natural ecosystem, biodiversity and health in four major regions

of India, namely, Himalayan region, the North-Eastern region, the Western Ghats and

the Coastal Region has been conducted by the Network.


The tools for assessing climate change are the global circulation models (spatial

resolution of 250-300 km) and regional circulation models. However high resolution

models for computation of climate change impacts for the project area using local

terrain data is expensive and still under development.

The EIA regulation or sector specific manuals do not give guidelines on climate proofing

of projects. The accuracy of data for climate change projection is another challenge

faced in India.

3.3.3 Social Impact Assessment

In India the conduct of social impact assessment is seen in the perspective of whether

the project requires land acquisition by invoking the Land Acquisition Act 1894. Indirect

socio-economic impacts such as economic loss to agricultural workers due to willful sale

of land by owner or loss of grazing land due to transfer of land from one government

department to another do not get accounted.

The Act recognizes only titleholders wherein compensation is awarded for loss of land

and structure thus constituting physical loss and displacement. Under the Act a Land

acquisition Plan is prepared which records social data along with records on loss

categories and quantity. A social impact assessment per se is not required.

In addition to the Land Acquisition Act we also have the National Resettlement and

Rehabilitation Policy, 2007 which has been further adopted by some States. Under the

Policy, if the project causes displacement of 400 or more families en masse in plain areas

and 200 or more families en masse in hilly areas, a social impact assessment study is

required. The policy specifies entitlements for physical and economic loss for

titleholders as well as non-titleholders. However in most States, the project proponent

adheres to the provisions of the Land Acquisition Act unless otherwise directed.

In the absence of an Act on resettlement and rehabilitation, how do regulatory bodies

ensure adherence to the national policy? The Land Acquisition and Resettlement and

Rehabilitation Bill, 2011 which is under discussion will bridge this gap.


Chapter 4: Review of Good Practices in EIA Law

Internationally

4.1 Environmental Assessment Good Practices in Canada

The Environmental Assessment Act 2012 of Canada outlines the process for

identification, analysis and evaluation of environmental effects of proposed projects to

ensure that these are factored into project decision making. In addition to other

environmental considerations in the process, climate change parameters are also to be

considered. Though climate change parameters are not explicitly mentioned in the Act, a

guidance document5 for practitioners has been prepared by the regulatory authority.

The consideration of climate change in environmental assessment has two parts:

3. Evaluation of the contribution of a proposed project to greenhouse gas emissions

(GHG) that have been identified as the primary cause for global climate change

4. Identification of where climate change may impact a proposed project

The guidance document recognizes that the contribution of an individual project to

climate change cannot be measured. However prediction of GHG emissions of an

individual proposed project could be evaluated in the regional context and other related

policy objectives. In the course of environmental assessment it is important to identify

and consult respective authorities on relevant climate change policies, knowledge and

practice.

Similarly, the guidance document recognizes that consideration of climate change

impacts on individual projects is a challenge due to the unavailability of detailed

information on local climate change factors. However, scenarios based on climate model

5 Incorporating Climate Change Considerations in Environmental Assessment: General Guidance for Practitioners (November 2003), The Federal-Provincial-Territorial Committee on Climate Change and Environmental Assessment


projections, existing climate data, local experiences and traditional ecological knowledge

could contribute to the identification of climate change risks.

4.1.1 GHG Considerations

The procedure for assessing GHG considerations as per the guidance document is as

follows:

1. Preliminary Scoping for GHG Considerations with readily available information to

identify likely GHG considerations associated with the project that needs further

attention.

2. Identify GHG Considerations like jurisdictional policies, plans and programs; collect

industry and project-specific information; clarify the magnitude, intensity and timing

of project emissions; and compare project specifics with industry profile,

provincial/territorial and national inventories.

3. Assess GHG Considerations in greater detail if project is likely to have medium or

high emissions, or diverges from industry or jurisdictional profile; describe direct and

indirect GHG emissions and related effects, including large-scale impacts on carbon

sinks, possible consequences of accidents or malfunctions.

4. GHG Management Plans to be prepared if the project is likely to result in medium or

high emissions, or depart from industry or jurisdictional profiles. The management

plan should clarify how project design takes GHG considerations into account;

provide monitoring, follow-up and adaptive management plans; link GHG

management plans with parallel pollution reduction opportunities; and confirm

consistency with jurisdictional requirements and initiatives.

5. Monitoring, Follow-Up and Adaptive Management to verify GHG emissions

forecasts; determine effectiveness of GHG reduction or offset measures; implement

remedial action; incorporate “lessons learned” into normal procedures; and address

evolving project and climate change knowledge, technology, policy and legislation.

4.1.2 Impact Considerations

The procedure for assessing impact considerations as per the guidance document is as

follows:


1. Preliminary Scope for Impacts Considerations with readily available information to

identify likely impacts considerations associated with the project that needs further

attention.

2. Identify Impacts Considerations through project sensitivity to possible changing

climatic parameters; detailed collection of regional climate change and project-

specific information; and obtaining clarity on changing climatic parameters

(magnitude, distribution and rate of changes).

3. Assess Impacts Considerations with range of possible changes to climatic

parameters; determine the range and extent of possible impacts on the project;

assess the potential risks to the public or environment; based upon the risks to the

public or environment resulting from the effects of climate change on the project,

determine whether impact management is required.

4. Impacts Management Plans to include mitigation measures to reduce project

vulnerability; adaptive management plan to reduce risks associated with climate

change; ongoing information gathering and risk assessment; and distinction to be

made between public and private sector risks and responsibilities.

5. Monitoring, Follow-Up and Adaptive Management to include monitoring status of

project and effectiveness of mitigation measures; implement remedial action;

incorporate “lessons learned” into normal procedures; and address evolving project

and climate change knowledge, technology, policy and legislation.

4.2 Environmental Assessment Good Practices in United States of

America

The EIA process of United States of America (USA) includes assessment of cumulative

impacts. A guidance document6 has been prepared by US Environment Protection

Agency to assist EIA reviewers in evaluating the adequacy of assessment of cumulative

impacts of projects during the review.

6 Consideration Of Cumulative Impacts In EPA Review of NEPA Documents, U.S. Environmental Protection Agency, Office of Federal Activities (2252A), EPA 315-R-99-002/May 1999


The EPA does not require cumulative impact assessments for every project. However the

project proponent should consider whether cumulative impacts are a significant issue

that needs further study.

A summary of the process for conducting assessment of cumulative impacts from the

guidance document is given in the following paragraphs.

1. Identification of Resources which are cumulatively affected

The resources which are cumulatively affected can be identified by answering the

following question:

a) Is the resource vulnerable to incremental effects?

b) Is the proposed action one of several similar actions in the same geographic

area?

c) Do other activities in the area have similar effects on the resource?

d) Have these effects been historically significant for this resource?

e) Have other analyses in the area identified a cumulative effects concern?

The analysis for cumulative impacts should be expanded only for those resources

that are significantly affected.

2. Geographical and temporal boundary

For conduct of the assessment the geographical and temporal boundary should be

set based on natural boundaries of resources of concern and the period of time that

the proposed projects impacts will persist, even beyond the project life.

3. Past, Present, and Reasonably Foreseeable Future Actions

The adequacy of cumulative impact analysis depends on how well the analysis

considers impacts occurring due to past, present and reasonably foreseeable actions

i.e. whether the environment has been degraded and its extent; whether ongoing

activities in the area are causing the impacts; and the trends for activities and

impacts in the area.

To assess cumulative impacts, a broad range of activities and patterns on

environmental degradation occurring in the vicinity of the project area should be


taken into consideration such as proximity of projects geographically or temporally;

probability of actions affecting the same environmental system; likelihood that the

project will lead to a number of associated projects; and whether effects of other

projects are similar to the proposed project.

Scenarios should be developed for predicting future development in the area as a

result of the proposed project.

4. Describing the Condition of the Environment

To identify the significance of added impacts due to the proposed project, it is

critical to understand the environmental condition of the area i.e. whether the

resource is healthy, declining, near collapse, or completely devastated.

The description of environment should include: the natural function of the

environment and whether it has been degraded; the specific characteristics of the

environment and the extent of change; and description of the natural condition or

ecologically sustainable condition to serve as a benchmark.

5. Using Thresholds to Assess Resource Degradation

Qualitative and quantitative thresholds can be used to indicate whether a

resource(s) of concern has been degraded and whether the combination of the

projects impacts with other impacts will result in a serious deterioration of

environmental functions.

4.3 Good Practices in Philippine Environmental Impact Statement

(EIS) System

The Philippine Environmental Impact Statement (EIS) system requires projects that are

categorized as ‘Environmentally Critical Projects’ and projects located in

‘Environmentally Critical Areas’ to obtain an Environmental Compliance Certificate from

the Department of Environment and Natural Resources (DENR).

Among the areas declared as environmentally critical, areas frequently visited and/or

hard-hit by natural calamities such as typhoons, tsunamis, earthquakes, storm surge-

prone areas, flood-prone areas, locations prone to volcanic activities, locations along


fault lines or within fault zones and drought-prone areas are also included. It also

provides sources for obtaining the information and situation under which the natural

calamity should be taken into account.


Chapter 5: Recommendations for Strengthening EIA System

in India

5.1 Key Areas of Strengthening

The process for identification and managing cumulative impacts and climate change

effects has to be incorporated into the EIA system. The management of adverse social

impacts of a project besides resettlement and rehabilitation in the case of involuntary

resettlement should also be incorporated.

The introduction of the Land Acquisition and Resettlement and Rehabilitation Bill tabled

in the Parliament and which is currently under consideration will regulate the

management of social impacts. Hence no specific recommendations to this effect have

been made.

There are very few countries in the world that have incorporated cumulative impact

assessment and climate change analysis in the EIA system. These studies are mostly

conducted on a need basis and for certain specific type of projects.

The good practices of EIA system in two of the leading countries viz Canada and USA

have been studied in the previous Chapter. The recommendation proposed in the

following sections are attempt to customize the good practices for the Indian scenario.

5.2 Recommendations for Climate Proofing in EIA

The Canadian environmental assessment system provides the procedure for assessing

contribution of GHG emissions by the project and impact of climate change on the

project. The EIS system of Philippines provides a list of vulnerable areas impacted due to

climate change.

The sectors that majorly contribute to GHG emissions could be identified and GHG

accounting and mitigation measures for reduction of emissions for these sectors could

be incorporated in the terms of reference for EIA.


The locations that are vulnerable to climate change impacts such as sea level rise, storm

surges, flooding, tsunamis, typhoons, land subsidence, drought, beach erosion and sea

water ingress could be marked to a greater detail with attributes on historic events than

is provided in the Vulnerability Atlas of India7.

A correlation matrix could be drawn between different sectors and their project

components versus climate change impacts. For projects that are located in climate

change vulnerable areas and include components that are susceptible to the impacts,

further investigation could be conducted and suitable mitigation & adaptation strategies

could be devised. For example ports/ jetties located in areas prone to flooding or storm

surges or sea level rise.

Vulnerable areas which could be further degraded due to location of certain type of

projects should be identified and disallowed for development. For example location of

water intensive industries like sugar, pulp and paper near water courses prone to

droughts.

5.3 Recommendations for Assessment of Cumulative Impacts in EIA

The key challenges regarding assessment of cumulative impacts during EIA are access to

data and dual views on responsibility of conducting the study.

Assessment of cumulative impacts would require all environmental sensitive features,

geographical features, administrative data, environmental quality data and development

project details to be available on one map on which further analysis could be carried

out. Such a database could be developed using Geographical Information System (GIS). A

separate GIS Cell could be created for the purpose such as a ‘National Environmental

Data Centre’.

The MoEF could access information on industrial and infrastructure projects from the

State Government, SEIAA and State Pollution Control Boards. The data regarding

environmentally sensitive areas like national parks, wildlife sanctuaries, biosphere

7 The Vulnerability Atlas of India prepared by the Building Materials and Technology Promotion Council provides State-wise maps for natural hazards such as wind & cyclone, earthquake & fault lines and floods which have a potential to damage housing stock and related infrastructure.


reserves, critically polluted areas and eco-sensitive zones; and their status would be

available with MoEF.

The project proponents could be provided with a standard format by the State Pollution

Control Boards for submitting data on ambient environmental quality for baseline

studies in EIA and periodic monitoring during construction and operation as well as stack

emissions or treated effluent quality. The GIS based database could be updated on a

quarterly basis for environmental quality data attached as attributes to respective

locations thus replacing the older data.

The database could be developed by MoEF and made available to the project proponent

for a fee. The responsibility of maintenance of the database in terms of updates on

information, hardware and software would lie with MoEF. The project proponent would

require submitting latitude and longitude of the proposed project location or alignment

of the linear project to MoEF or any of their Regional Offices. An analysis around a buffer

defined by MoEF for different sectors could be conducted by the GIS Cell which enables

extraction of data. This data would be provided to the project proponent which could

further be used by their environmental experts for predicting the cumulative impacts

and accordingly building in measures to manage the same.


Bibliography

Sadler Barry, Environmental Assessment in a Changing World: Evaluating Practice to

Improve Performance (1996) pg. 13, Minister of Supply and Services Canada

Shri Jaamshyd Godrej and Shri Naushad Forbes, Report of the Working Group on

“Effectively Integrating Industrial Growth and Environment Sustainability”, Twelfth Five

Year Plan (2012-2017), Pg 2, Planning Commission, Government of India

Incorporating Climate Change Considerations in Environmental Assessment: General

Guidance for Practitioners (November 2003), The Federal-Provincial-Territorial

Committee on Climate Change and Environmental Assessment

Considering Cumulative Effects Under the National Environmental Policy Act (January

1997), Council on Environmental Quality, Executive Office of the President

Consideration Of Cumulative Impacts In EPA Review of NEPA Documents, U.S.

Environmental Protection Agency, Office of Federal Activities (2252A), EPA 315-R-99-

002/May 1999

Climate Change and India: A 4x4 Assessment, A Sectoral And Regional Analysis For 2030s

(November 2010), INCCA: Indian Network for Climate Change Assessment

Scheme for Accreditation of EIA Consultant Organizations, National Accreditation Board

for Education and Training, Quality Council of India

Assessment of Cumulative Impacts of Hydroelectric Projects in Alaknanda – Bhagirathi

Basins (2011), AHEC – IITR

EIA Manuals accessed from the Ministry of Environment and Forests website

http://envfor.nic.in/modules/others/?f=eia-manuals, accessed throughout the year in

2012 and 2013

Environmental Clearances accessed from the Ministry of Environment and Forests

website http://environmentclearance.nic.in/, accessed throughout the year in 2012 and

2013

The Philippine Environmental Impact Statement System referred from

http://geocities.ws/denrcaraga/EISsys.html, accessed in January, 2013.

http://envfor.nic.in/modules/others/?f=eia-manuals


http://geocities.ws/denrcaraga/EISsys.html