ENVIRONMENTAL IMPACT ASSESSMENT
Why in News?
- Draft EIA notification, 2020 released in March 2020. Later in May 2020, government extended the notice period for the EIA notification to June 30.
- The Environment Ministry has received over 17 Lakh objections, comments, and suggestion to the draft EIA notification 2020.
Environmental Impact Assessment
- EIA can be defined as the study to predict the environmental, socio- economic, cultural and human- health impacts of proposed project/ activity. It is a decision-making tool which compares various alternatives for a project and chooses the one which ensures best combination of economic and environmental costs and benefits.
- The basis in global environmental law for the EIA is the “precautionary principle”. Environmental harm is often irreparable so there should be a focus on prevention.
- Advantages of EIA: By considering the environmental effects of the project and their mitigation early in the project planning cycle, environmental assessment has many benefits:
- Promotes environmentally safe and sustainable development.
- Optimum utilization of resources
- Saving of time and cost of the Project
- Properly conducted EIA also lessens conflict by promoting community participation, informing decision makers, and helping lay the base for environmentally sound project.
History of EIA in India
- The Indian experience of EIA started in 1976-77 when the Planning Commission asked the Department of Science and Technology to examine the river valley project from an environmental angle.
- Till 1994, EIA was an administrative decision and lacked statutory backing.
- In 1994, the Ministry Environment and Forest, under the EPA, 1986, promulgated an EIA notification making environmental clearance mandatory for expansion or modernization of any activity or for setting up new projects listed in Schedule 1 of the notification.
EIA Notification, 2006
- It was notified by MoEF under the Environmental (Protection) Act, 1986.
- It makes it mandatory for various projects to get environmental clearance. This clearance is given only after the environmental requirements are fulfilled.
- Unlike, the 1994 notification, it has put the responsibility of clearing certain projects on the state government.
- Category A (National level Appraisal): this category project mandatory require clearance and thus they don’t undergo the screening process.
- Category B (State level Appraisal) undergo screening process.
- Category B1 (mandatorily requires EIA)
- Category B2 (don’t require EIA)
Process of EIA:
After 2006,EIA in involves Four steps:
1. Screening
2. Scoping
3. Public hearing
4. Appraisal
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- However, EIA process is cyclical with considerable interaction between various steps.
- The assessment is carried out by an expert appraisal committee which consists of scientists and project management experts.
- The EAC frames the scope of EIA study and a preliminary report is prepared.
- The report is published and a public consultation process takes place, where objections can be heard including from project affected people.
- The EAC then makes a final appraisal of the project and forward it to MOEF&CC . The ministry is ordinarily obliged to accept the decision of the EAC.
Draft EIA notification 2020:
- This notification seeks to replace the 2006 notification
- Focuses on Ease of Doing Businesses:
- Provides a single window online portal for application of clearance, allows post facto clearance, modernisation without safeguards, seeks compliance through self-declaration and self-assessment through self appointed experts and consultants.
Key concerns raised:
- Ex post facto clearance route – The draft has a detailed protocol for appraisal of projects that had started operating without approval.
- Supreme Court on 1 st April has held that ex post facto environmental clearance is contrary to law. This would be contrary to both the precautionary principle as well as the need for sustainable development.
Shortening of time for the public to furnish responses:
- Project affected people, who are frequently forest dwellers or otherwise don’t have access to information and technology, would find it more difficult to put forth representations.
Exemption to long list of project from public consultation:
- A list of projects has been included under Category B2, expressly exempted from the requirements of an EIA.
- It includes offshore and onshore oil, gas and shale exploration , hydroelectric projects up to 25 MW , irrigation projects between 200 and 10000 hectares of command area, small and medium mineral beneficial ion units , small clinker grinding units , acids other than phosphoric or ammonia , sulphuric acid , MSMEs induce and dye intermediates , bulk drugs , synthetic rubbers, medium sized paint units , all inland waterways projects , expansion or widening of highways between 25 km and 100 km with defined parameters , aerial rope ways in ecological sensitive areas and specified building construction and area development projects.
- In the existing norms, these projects were identified based on screening by expert appraisal committees rather than being exempted through listings in the schedule.
- Further, for project expansion and modernisation, the draft notification norms are very liberal. Only those projects which involve more than 25% increase requires EIA and over 50% increase attract public consultation.
- There is an apprehension that the exemption under EIA and public consultation for listed B2 category activity and expansion and modernisation projects will seriously affect the environment since these will be carried out without oversight.
- Identification of non-compliance or violation of EC conditions by a project can be done only either sun moto or by the project proponent or by any government authority.
Monitoring has been weakened:
- Compliance report to be submitted once in 1 year (rather than 6 months under the 2006 norms)
- Strategic projects will not be placed in public domain and government gets to decide on the strategic tag. This opens window for summary clearance for any project deemed strategic without having to explain why.