Environmental Impact Assessment (EIA): In the Indian context

[YAGAY andSUN]

Environmental Impact Assessment (EIA): In the Indian context

In the Indian context, the Environmental Impact Assessment (EIA) plays a crucial role in ensuring that development projects consider environmental sustainability, community welfare, and compliance with national environmental laws. The EIA process in India is guided by the Environmental Impact Assessment Notification under the Environmental Protection Act, 1986, which mandates that certain projects and activities must undergo an EIA before approval. Let’s look into the key aspects of the EIA process in India:

1. Evolution of EIA in India:

• Pre-1994: Before the EIA notification of 1994, environmental clearance for projects was not mandatory. Environmental concerns were often overlooked or dealt with on an ad hoc basis.
• 1994 EIA Notification: The introduction of the EIA notification in 1994 marked a formal approach to ensuring that the environmental impacts of certain projects were considered before they were given the green light. The notification set guidelines for environmental clearance and outlined the procedure for EIA in India.
• 2006 EIA Amendment: In 2006, the process was modified to include public consultation and participation in the EIA process. This amendment helped strengthen the role of communities in influencing the approval of projects affecting their environment.
• 2017 EIA Notification Amendment: There were further revisions to streamline the process and introduce online application submissions and approvals. However, there were concerns that some amendments weakened the scrutiny of high-impact projects.

2. EIA Process in India:

The process of conducting an EIA in India involves several stages, beginning from project screening to monitoring.

a. Screening:

• Objective: The first step is to determine whether a proposed project requires an EIA.
• Procedure: The Ministry of Environment, Forest and Climate Change (MoEFCC) and the State-level Environmental Impact Assessment Authority (SEIAA) categorize projects into two categories based on their potential environmental impacts:
  • Category A: Requires a detailed EIA and approval from the central government.
  • Category B: Requires a more simplified EIA and approval from the state government.
• The screening process ensures that only the projects with significant environmental impacts are assessed through a formal EIA.

b. Scoping:

• Objective: This step defines the scope of the EIA study by determining which environmental factors (air, water, soil, biodiversity, etc.) need to be assessed.
• Procedure: The project proponent submits a preliminary report outlining the potential impacts of the project, which is then reviewed by the Expert Appraisal Committee (EAC) or the State-level Expert Appraisal Committee (SEAC). Based on the findings, the Terms of Reference (TOR) for the EIA are finalized.

c. EIA Study:

• Objective: Conducting a comprehensive environmental impact study to assess the potential effects of the project on the environment.
• Procedure: The proponent hires an accredited EIA consultant to carry out the study, which includes data collection, baseline environmental studies, and predictive modeling of potential environmental impacts.
  • Key areas of focus typically include air quality, water resources, noise levels, biodiversity, and social impacts.
  • The study also includes proposing mitigation measures to avoid or minimize adverse effects.

d. Public Consultation:

• Objective: To involve the local community and stakeholders in the decision-making process.
• Procedure: Public hearings and consultations are conducted to gather opinions, concerns, and suggestions from the affected communities and other stakeholders.
  • These consultations can include local residents, environmental groups, and others who may be affected by the project.
  • The feedback from these consultations is incorporated into the final EIA report.

e. Impact Assessment and Environmental Management Plan (EMP):

• Objective: To assess the magnitude and significance of identified impacts and propose mitigation measures.
• Procedure: The EIA report includes an Environmental Management Plan (EMP), which outlines actions that will be taken to mitigate or manage the identified impacts. The EMP includes measures to:
  • Prevent or reduce air, water, and soil pollution.
  • Protect biodiversity and wildlife.
  • Address social impacts, such as displacement or health concerns.
  • Implement sustainable waste management strategies.

f. Appraisal and Decision-Making:

• Objective: To evaluate the EIA report and make a decision on whether the project should be granted environmental clearance.
• Procedure: The EIA report, along with the EMP and public consultation feedback, is submitted to the Expert Appraisal Committee (EAC) or the State-level Expert Appraisal Committee (SEAC). They assess the findings and make a recommendation to the MoEFCC or SEIAA, who decide whether to approve or reject the project.

g. Environmental Clearance:

• Once the appraisal is completed, the concerned authority (MoEFCC or SEIAA) issues environmental clearance if the project meets all required environmental safeguards. In some cases, clearance may be conditional on the implementation of certain mitigation measures.

h. Monitoring and Compliance:

• Objective: To ensure that the mitigation measures outlined in the EMP are implemented and that the project complies with the environmental regulations.
• Procedure: After the project is approved, regular monitoring and audits are conducted to assess the project's environmental performance. Compliance reports are submitted periodically, and non-compliance can lead to penalties, suspension, or cancellation of the environmental clearance.

3. Categories of Projects Requiring EIA in India:

• Category A Projects: These projects are likely to have significant adverse environmental impacts and require a detailed EIA and approval from the MoEFCC at the central level. Examples include large infrastructure projects (e.g., dams, airports, industrial plants).
• Category B Projects: These projects have less significant impacts and are subject to a simplified EIA process, with approvals from the State-level authorities. Examples include smaller infrastructure developments, mining projects, etc.

4. Key Issues and Challenges in EIA in India:

• Implementation of Mitigation Measures: While the EIA process identifies environmental risks, effective implementation of mitigation strategies is often weak. Lack of monitoring and enforcement mechanisms results in continued environmental degradation in many cases.
• Public Participation: Public hearings and consultations, though mandated by law, are sometimes criticized for being superficial or for not genuinely considering local communities' concerns. There are instances where consultations are conducted hastily, and communities’ objections are not adequately addressed.
• Project Delays: The EIA process can sometimes cause significant delays in project timelines, leading to frustration among developers and stakeholders. There are calls for streamlining and simplifying the process to ensure it doesn’t stifle economic growth.
• Political and Economic Pressures: There is often political and economic pressure to fast-track large-scale projects, sometimes resulting in the undermining of the environmental clearance process.

5. Key Recent Developments in India's EIA Process:

• EIA Notification 2020 Amendment: The amendment introduced significant changes, including provisions for:
  • Exempting certain projects from the public consultation process (especially in cases of national security, defense, or certain strategic sectors).
  • Shortening the time for project approval in some cases.
  • Deemed clearance if the project is delayed beyond a specified period.
• Criticism of the 2020 Amendment: Critics argue that these amendments dilute the rigor of the EIA process, potentially allowing projects to proceed without adequate environmental scrutiny or public participation. These changes have faced significant opposition from environmental groups and civil society.

6. Case Study: The POSCO Steel Plant, Odisha (2005-2010)

• Background: The POSCO steel plant, which was proposed in Odisha, involved the construction of a large industrial plant on land used by local communities and rich in biodiversity. It required an EIA due to its potential impact on the local environment.
• EIA Process: The EIA was conducted, highlighting risks to local forests, water resources, and displacement of local tribes. Despite these findings, the project received environmental clearance.
• Public Opposition and Legal Challenges: The project faced fierce opposition from local communities, environmentalists, and human rights groups. Legal challenges were raised, questioning the adequacy of the EIA, and the case was referred to courts and environmental tribunals.
• Outcome: The project was eventually stalled due to legal challenges, the opposition from tribal communities, and concerns over its environmental impacts. The POSCO steel plant was later abandoned, but the case raised questions about the transparency and robustness of the EIA process in India.

Conclusion:

The EIA process in India is designed to ensure that environmental considerations are integrated into development planning. However, the effectiveness of the process depends on several factors, including robust enforcement of mitigation measures, meaningful public consultation, and independent review. Despite ongoing challenges, EIA remains an important tool for balancing development with environmental sustainability in India.

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