Topic3 Environmental Impact Assessment

1. Topic3 Environmental Impact Assessment Collected by J. H. Patel

2. Topics of Syllabus • Baseline surveys and data collection on environmental levels and pollutants • Preparation of environmental status report • Legal and permissible levels of environmental pollutants • Analysing existing situation against permissible levels of identify excesses • Alternative methods to reduce pollutants to permissible levels through technical process other solutions • social cost benefit analysis of solutions proposed • Recommended measures for short term reduction and long term elimination of negative effects • Environmental Management Plant (EMP) and implentation strategy • Financial allocations for EMP

3. Defining Environmental Impact Assessment. Environmental Impact Assessment (EIA) can be defined as the systematic identification and evaluation of the potential impacts (effects) of proposed projects, plans, programs, or legislative actions relative to the physical-chemical, biological, cultural, and socioeconomic components of the total environment.

4. There are two types of EIA. • Rapid EIA • Comprehensive EIA • Rapid EIA is done quickly based on one season data whereas Comprehensive EIA will be detail and normally takes at least one year for its preparation.

5. The benefits of the EIA are, • Reduce cost and time of project implementation • Increase project acceptance and improve project performance. • Avoid impacts and violations of laws and legislations. • Improved human health and maintenance of biodiversity. • Decreased resource use and fewer conflicts over natural resource use.

6. The major objectives of ISO 14000 series is to promote more effective and efficient environmental management in organization and to provide useful and usable tools-ones that are cost-effective, system based, flexible and reflect the best organizational practices available for gathering, interoreting and communicating environmentally relevant information. The intended end result is the improvement of environmental performance.

7. ISO 14000 – 14009 : Environmental Management Systems ISO 14010 – 14019 : Environmental Audit ISO 14020 – 14029 : Environmental Labeling ISO 14030 – 14039 : Environmental Performance Evaluation ISO 14040 – 14049 : Life Cycle Assessment ISO 14050 – 14059 : Terms and Definitions ISO 14060 : Environmental Aspects in Product Stand

8. The key requirements specified under ISO 14000 are, • Environment access • Planning • Implementation and operation • Checking and corrective action • Management review

9. The basic environment law of the land requires that a polluter bear the remedial or clean-up costs as well as the amount payable to compensate the victims of pollution. This is known as the ‘polluter pays principle’. The principle becomes effective with Environmental Law.

10. the limitations of Polluter-Pays Principle • The polluter pay taxes would be used to enrich government funds, not to compensate those who were harmed by the pollution. • The pollution control boards are in no position to assess the actual costs imposed by pollution. Pollution taxes enacted through the political process are likely to reflect political priorities rather than environmental ones

11. principle with beneficiary pays principle. In case of the polluter pays principle, the polluter is responsible and he should pay for his action. Whereas, incase of the beneficiary pays principle, the benefited persons should pay for enjoying a clean and safe environment. There is no need to pay by the polluters according to this principle.

12. Community participation requires involvement in several areas: 1.Better theoretical knowledge about the environmental information (both Scientific and traditional) 2.Better practical guidelines and tools are need. 3.Better educational support. 4.Ethical inconsistencies in environmental decision-making are illuminated and kept to a minimum.

13. Over the past 25 years, more than 170 treaties and conventions have been negotiated to protect our global environment. These are mainly designed to regulate the following activities: • Reforestation • Over-fishing • Trade in endangered species • Global warming Intercontinental shipping of hazardous waste • and • Wildlife protection.

14. The term ‘environment’ includes: • human health and safety • flora, fauna, ecosystems and biodiversity • soil, water, air, climate and landscape • use of land, natural resources and raw materials • protected areas and sites of special significance • heritage, recreation and amenity assets • livelihood, lifestyle and well being of affected communities

15. economic development projects directed at improving levels of material comfort. • unintended detrimental effects on people and natural resources. Water, land, and air have been degraded to the point where they can no longer sustain existing levels of development and quality of life. • With inadequate environmental planning, human activities have resulted in the disruption of social and communal harmony, the loss of human livelihood and life, the introduction of new diseases, and the destruction of renewable resources. • These and other consequences can negate the positive benefits of economic development. • economic gains environmental protection has not been a priority because the economic losses from environmental degradation often occur long after the economic benefits of development have been realized.

16. The past failure of development planning processes to take adequate account of the detrimental impacts of economic development activities led to the advent of environmental impact assessment (EIA) processes. EIA was first employed by industrialized countries in the early 1970s.

17. Since that time, most countries have adopted EIA processes to examine the social and environmental consequences of projects prior to their execution. The purpose of these processes is to provide information to decision makers and the public about the environmental implications of proposed actions before decisions are made.

18. Sustainable development is the result of carefully integrating environmental, economic, and social needs to achieve both an increased standard of living in the short term, and a net gain or equilibrium among human, natural, and economic resources to support future generations.

19. Indian Policies Requiring EIA The Government of India enacted the Environment (Protection) Act on 23rd May 1986. To achieve the objectives of the Act, one of the decisions that were taken is to make environmental impact assessment statutory. After following the legal procedure, a notification was issued on 27th January 1994 and subsequently amended on 4th May 1994, 10th April 1997 and 27th January 2000

20. LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT • Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, Rare Earths. • River Valley projects including hydel power, major Irrigation and their combination including flood control. • Ports, Harbours, Airports (except minor ports and harbours). • Petroleum Refineries including crude and product pipelines. • Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate). • Pesticides (Technical). • Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LLDPE, HDPE, PP, PVC. • Bulk drugs and pharmaceuticals. • Exploration for oil and gas and their production, transportation and storage. • Synthetic Rubber. • Asbestos and Asbestos products. • Hydrocyanic acid and its derivatives. • 13 (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys). • (b) Electric arc furnaces (Mini Steel Plants). • 14. Chlor alkali industry. • Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints. • Viscose Staple fibre and filament yarn. • Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys. • All tourism projects between 200m—500 metres of High Water Line and at locations with an elevation of more than 1000 metres with investment of more than Rs.5 crores. • Thermal Power Plants. • Mining projects (major minerals) with leases more than 5 hectares. • Highway Projects except projects relating to improvement work including widening and strengthening of roads with marginal land acquisition along the existing alignments provided it does not pass through ecologically sensitive areas such as National Parks, Sanctuaries, Tiger Reserves, Reserve Forests • Tarred Roads in the Himalayas and or Forest areas. • Distilleries. • Raw Skins and Hides • Pulp, paper and newsprint. • Dyes. • Cement. • Foundries (individual) • Electroplating • Meta amino phenol

21. 1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, Rare Earths. 2. River Valley projects including hydel power, major Irrigation and their combination including flood control. 3.Ports, Harbours, Airports (except minor ports and harbours). 4. Petroleum Refineries including crude and product pipelines.

22. 5.Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate). 6.Pesticides (Technical). 7.Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LLDPE, HDPE, PP, PVC. 8. Bulk drugs and pharmaceuticals. 9. Exploration for oil and gas and their production, transportation and storage. 10.Synthetic Rubber.

23. 11. Asbestos and Asbestos products. 12. Hydrocyanic acid and its derivatives. 13(a)Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys). (b) Electric arc furnaces (Mini Steel Plants). 14. Chlor alkali industry. 15. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints. 16. Viscose Staple fibre and filament yarn. 17. Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys.

24. 18. All tourism projects between 200m—500 metres of High Water Line and at locations with an elevation of more than 1000 metres with investment of more than Rs.5 crores. 19. Thermal Power Plants. 20.  Mining projects *(major minerals)* with leases more than 5 hectares.

25. 21.             Highway Projects **except projects relating to improvement work including widening and strengthening of roads with marginal land acquisition along the existing alignments provided it does not pass through ecologically sensitive areas such as National Parks, Sanctuaries, Tiger Reserves, Reserve Forests** 22. Tarred Roads in the Himalayas and or Forest areas. 23. Distilleries.

26. 24. Raw Skins and Hides 25.  Pulp, paper and newsprint. 26.  Dyes. 27.  Cement. 28.  Foundries (individual) 29.  Electroplating 30.  Meta amino phenol

28. (Published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub-section (ii) MINISTRY OF ENVIRONMENT AND FORESTS New Delhi 14th September, 2006 Whereas, a draft notification under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 for imposing certain restrictions and prohibitions on new projects or activities, or on the expansion or modernization of existing projects or activities based on their potential environmental impacts as indicated in the Schedule to the notification, being undertaken in any part of India1, unless prior environmental clearance has been accorded in accordance with the objectives of National Environment Policy as approved by the Union Cabinet on 18th May, 2006 and the procedure specified in the notification, by the Central Government or the State or Union territory Level Environment Impact Assessment Authority (SEIAA), to be constituted by the Central Government in consultation with the State Government or the Union territory Administration concerned under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification, was published in the Gazette of India ,Extraordinary, Part II, section 3, sub-section (ii) vide number S.O. 1324 (E) dated the 15th September ,2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;

29. Environment Impact Assessment (EIA) Notification 2006 Information Sources: 1.) Environment Impact Notification 2006; Gazette of India, 14th September, 2006 2.) Green Tapism; Environment Support Group; 2007 3.) Image of tree from http://www.cherrytreebooks.net/Images/CTBooksTreeLogo.gif

30. Underlying basis, spirit and preamble • Protect environment and control pollution • Environment Protection Act 1986 (May 1986) • Environment Protection Rules 1986 (Nov 1986) • Section 5 Environment Protection Rules 1986: Prohibitions and restrictions on the location of industries; carrying on of processes and operations in different areas • EIA 1994 • Environment Protection Act 1986 • Discharge internationally agreed obligations under Rio Declaration • EIA 2006 is supersession of EIA 1994, except in respect of things done or omitted to be done before such supersession complimentary

31. EIA 2006 - Preamble • Copies of the said notification were made available to the public on 15th September, 2005 • Objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Central Government • Central Government hereby directs that on and from the date of its publication (14th September, 2006) • the requiredconstruction of new projectsor activitiesorthe expansionor modernizationof existing projectsor activitieslisted in the Schedule to this notificationentailing capacity addition with change in process and or technologyshall be undertaken in any part of India only after the prior environmental clearancefrom the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification.

32. Categorization of projects and activities • All projects and activities are broadly categorized in to two categories - Category A and Category B • spatial extent of impacts • impacts on natural and man made resources • impacts on human health • Go to schedule of notification and show project list

33. Requirements of prior Environmental Clearance (EC) • Which projects require EC? • Projects listed in the schedule to notification (as Category A and B projects) • All new projects or activities listed in the Schedule to this notification • Expansion and modernization of existing projects or activities listed in the Schedule to this notification • Any change in product - mix in an existing manufacturing unit included in Schedule

34. Requirements of prior Environmental Clearance (EC) • EC by whom? • Category A projects: Central Government in the Ministry of Environment and Forests • Base decisions on the recommendation by Expert Appraisal Committee (EAC) • Category B projects: At state level the State Environment Impact Assessment Authority (SEIAA) • The SEIAA shall base its decision on the recommendations of a State or Union territory level Expert Appraisal Committee (SEAC) as to be constituted for in this notification • In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be treated as a Category ‘A’ project

35. State Level Environment Impact Assessment Authority (SEIAA) • SEIAA shall be constituted by the Central Government • comprising of three Members • Chairman and a member–secretary to be nominated by the State Government or the Union territory Administration • Rules for membership of SEIAA • All decisions of the SEIAA shall be unanimous and taken in a meeting

36. Expert Committees for Screening, Scoping and Appraisal (EAC and SEAC) • Expert Committees • Expert Appraisal Committees (EACs) at the Central Government • State Expert Appraisal Committees (SEAC) at the State or the Union territory • Responsible for screening, scoping and appraising projects • Procedure for selection and maintenance of EAC and SEAC is given in notification

37. Application for Prior Environmental Clearance • An application seeking prior environmental clearance in all cases shall be made • In the prescribed Form 1 and Supplementary Form 1A • After the identification of prospective site(s) • After identification of activities • Submit pre-feasibility report for all and conceptual plan for construction activities

38. Stages in EC process • Stage 1: Screening (Only for Category ‘B’ projects and activities) • Stage 2: Scoping • Stage 3: Public Consultation • Stage 4: Appraisal • Sequential order • all of which may not apply to particular cases as set forth in this notification

50. (I) Basic Information Name of the Project: Location / site alternatives under consideration: Size of the Project: * Expected cost of the project: Contact Information: Screening Category: • Capacity corresponding to sectoral activity (such as production capacity for manufacturing, mining lease area and production capacity for mineral production, area for mineral exploration, length for linear transport infrastructure, generation capacity for power generation etc.,