41

2.0 REVIEW OF LITERATURE

United States of America was the first country to assign mandatory status to

Environmental Impact Assessment (EIA) vides its National Environmental

Policy Act (NEPA) of 1969. A host of industrialized countries has since

implemented EIA procedures. Canada, Australia, the Netherlands and Japan

adopted EIA legislations in 1973, 1974, 1981, and 1984 respectively. In July

1985, the European Community (EC) issued a directive making environmental

assessments mandatory categories of projects. The Indian experience with

Environmental Impact Assessment began over 20 years back. It started in

1976-77 when the Planning Commission asked the Department of Science

and Technology to examine the river-valley projects from an environmental

angle. This was subsequently extended to cover those projects, which required

the approval of the Public Investment Board. Till 1994, environmental

clearance from the Central Government was an administrative decision and

lacked legislative support.

On 27 January 1994, the Union Ministry of Environment and Forests (MoEF),

Government of India, under the Environmental (Protection) Act 1986,

promulgated an EIA notification making Environmental Clearance (EC)

mandatory for expansion or modernization of any activity or for setting up

new projects listed in Schedule 1 of the notification. Since then there have

been 12 amendments made in the EIA notification of 1994.

The MoEF recently notified new EIA legislation in September 2006. The

notification makes it mandatory for various projects such as mining, thermal

power plants, river valley, infrastructure (road, highway, ports, harbors and

airports) and industries including very small electroplating or foundry units to

get environment clearance. However, unlike the EIA Notification of 1994, the

new legislation has put the onus of clearing projects on the State government

depending on the size/capacity of the project.

42

Certain activities permissible under the Coastal Regulation Zone Act, 1991

also require similar clearance. Additionally, donor agencies operating in India

like the World Bank and the ADB have a different set of requirements for

giving environmental clearance to projects that are funded by them.

Among the developing countries, Columbia was the first Latin American

Country to institute a system in 1974. In Asia and Pacific region, Thailand

and Philippines have long established procedures for Environmental Impact

Assessment. EIA was made mandatory in Sri Lanka in 1984. A manual for

EIA was prepared and published in 1988 in Sri Lanka 42. There is dearth of

information on the general situation in Africa, although a number of nations

including Rwanda, Botswana and Sudan have experience of Environmental

Impact Assessment (EIA)

Bilateral and multilateral agencies have also recognized the value of EIA as a

decision- making tool. The organization for economic co-operation and

development (OECD) issued recommendations on EIA in its constituent’s

states in 1974 and 1979 and for development aid projects in 1986. OECD

issued guidelines for good practices in EIA in 1992. United Nations

Environment Programme (UNEP) in 1980 provided guidance on EIA of the

development proposals and supported research on EIA in developing countries

43 UNEP, in 1987 vide the decision 14/25 of the governing, set out goals and

principles of EIA for the member countries for EIA in 1988 44-45.

The world conservation strategy pinpointed the need to integrate

environmental considerations with development in 1980. EIA has become an

integral part of World Bank policy (1987), which states that environmental

issues must be addressed as part of overall economic policy. In 1989, the

World Bank issued the operational directive on Environmental assessment

(O.D.4.00), which was revised and updated in October 1991 (O.D. 4.01) Asian

development bank in 1990 published guidelines for EIA 46.

43

The summary of evolution of Environmental Impact Assessment in various

countries is presented in Table -2.1 47

Table -2.1 Evolution of Environmental Impact Assessment in various Countries

COUNTARY BASIS OF IMPLEMENTATIONAustralia Environmental Protection (Impact of Prediction) Act, 1974,

Commonwealth of AustraliaCalifornia California Environmental Quality Act (CEQA) of 1971Canada Federal Environmental Assessment and review process

guidelines order 1984, CanadaChina Environmental Protection Law, 1979Common Wealth

Environment Protection (Impact of Proposals)

France Law of Protection de la nature, 1978India Notification dated May 5, 1994 under the Environment

Protection Act, 1986Japan Principles for Implementing EIA by Environment Agency,

1984New Zealand

Resource Management Act 1991, New Zealand

Sri Lanka National Environmental Act 1980, amended in 1986Thailand Improvement and Conservation of National Environmental

Quality Act 1975, amended in 1978The Netherlands

EIA Policy, 1986

United States

US National Environmental Policy Act of 1969

United Kingdom

Environmental assessment Guidelines, 1989

Western Australia

Environmental Protection Act 1986, Western Australia

West Germany

Cabinet Resolution September, 1975

2.1 EIA AND SOME INTERNATIONAL ORGANISATIONS

Once the concept of EIA and its importance in protecting the environment

was realized, it soon became an essential requirement and was incorporated

into the framework of several international organizations. Some of these

organizations were directly involved in funding developmental projects in

developing countries. Thus, with the advent of EIA, a direct policy based

intervention in the developmental activities of the developing as well as

44

developed countries could be made and official measures could be taken to

stop or modify those projects which could lead to serious environmental

problems; at the local level or at the global level. International efforts are

usually classified into the following four areas:

1. Legally binding international documents such as international treaty and

protocol.

2. Non-legally binding international documents such as resolutions,

recommendations and declarations by international organizations.

3. Guidelines for development assistance.

4. Guidelines for overseas projects.

Spurred by several recommendations by international organizations,

particularly the Organization for Economic Cooperation and Development

(OECD) and the European Union (EU), EIA had been prevailed throughout the

world in 1980s. Apart from the United Nations Law of the Sea Treaty (adopted

in1982) many other international treaties and protocols with provisions

relating to EIA were concluded in the 1990’s e.g. Convention on

Environmental Impact Assessment in a Trans-boundary context (the Espoo

Convention of 1991), Protocol on Environmental Protection to the Antarctic

Treaty (1991), Biodiversity Treaty (1992), United Nations Framework

Convention on Climate Change (1992).

Following are some international organizations which first incorporated EIA as

a mandatory requirement to carry out its activities.

2.1.1 Organization for Economic Co-operation and Development The

Organization for Economic operation and Development (OECD) is an

international organization that has been helping governments tackle the

economic, social and governance challenges of a globalizing economy. The

OECD “Declaration on Environmental Policy” (1974) was the first

international document to incorporate EIA. This declaration was the follow up

activities after the United Nations Conference on the Human Environment

45

(1972) and it set the trend for environmental policy in OECD member

countries. Article 9 of the declaration stated that it was critical that

environmental impact of significant public or private activities be assessed

prior to implementation. The oldest of recommendations and declarations

concerning matters relating to EIA procedures was the OECD “Council

Recommendation on Assessment of Projects which may have Significant

Effects on the Environment”(1979).

In 1983, a special group “The Ad hoc Committee on Environmental

Assessment and Development Assistance” was established under the

Environment Committee to examine EIA procedures, methods and

implementation mechanisms while maintaining close relations with the

Development Assistance Committee (DAC). In 1985, “Council

Recommendation on Environmental Assessment of Development Assistance

Projects and Programmes”, which gave examples of EIA implementations and

targets of EIA was adopted. In 1986, “Council Recommendations on Measures

Required to Facilitate the Environmental Assessment of Development

Assistance Projects and Programmes” concerning EIA procedures and

organizational system were adopted. Then in 1989, checklist for possible use

by high-level decision-makers in bilateral and multilateral development

assistance institutions was drafted and was released as executive committee

recommendations. Based on these three recommendations, DAC also adopted

• “Good Practices for Country Environmental Surveys and Strategies”,

• “Good Practices for Environmental Impact Assessment of Development

Projects”,

• “Guidelines for Aid Agencies Involuntary Displacement and Resettlement

in Developing Countries”, and

• “Guidelines for Aid Agencies on Global Environmental Problems” in 1991.

2.1.2 United Nations Environment Programme The United Nations

Environment Programme (UNEP) is the voice for the environment in the

46

United Nations system. Activities of the United Nations began in 1982, with

the adoption of World Charter for Nature at the United Nations General

Assembly. The Charter stated that EIA should be ensured to minimize adverse

effects on nature and nature assessments should be included in the

fundamental elements of all planning and should be publicly disclosed and

deliberated. These stipulations led to the setting up of an EIA expert

committee and common guidelines for the promotion of EIA. Finally, in 1987

the “Goals and Principles of Environmental Impact Assessment” were adopted.

The thirteen rules stipulated in this aimed at the facilitation of introduction

and promotion of EIA systems in member countries as well as promote

development of international EIA procedure in order to address significant

trans-boundary impacts on other countries.

2.1.3 European Commission (now European Union) The EIA Directive (EU

legislation) on Environmental Impact Assessment of the effects of projects on

the environment was first introduced in 1985. This directive required a

defined EIA to be implemented prior to official authorization for projects with

potential significant environmental impact and required member countries to

introduce formal EIA systems by 1988 in order to realize the above. From

1985, the provision of EIA systems in European countries has been

progressed centering on the EU member countries.

2.1.4 Environmental Impact Assessment Process in World Bank The

World Bank is a group of three institutions, the International Bank for

Reconstruction & Development, the International Development Association

and the International Finance Corporation. The common objective of these

institutions is to help raise standards of living in developing countries by

channeling financial resources from developed countries to developing

countries. The World Bank is committed to help its member countries on

development problems like income distribution, rural poverty, urbanization,

unemployment, rehabilitation, preventive medicine, health care and

environmental protection.

47

In 1970, the post of Environmental advisor was established in the bank and

given a mandate to review and evaluate every investment project from the

standpoint of its potential environmental effects. This point has now grown in

to an office of the environmental activities and ensuring that the projects

proposed for financing are examined for their ecological, health and socio-

cultural effects and that appropriate measures are taken to prevent or

mitigate serious adverse consequences.

The World Bank has developed EIA guidelines and procedures 48-52 several

other international funding institutions have also integrated environmental

concerns into their activities and emulate EIA guidelines and other

environmental guidelines of the World Bank. Salient features of the EIA

guidelines of World Bank are as follows:

2.1.4.1 Guidance for preparation of an Environmental Assessment: This

document provides guidance to project sponsors for preparation of details EA,

when one is required by the Bank environmental review procedure. The

sponsor may feel free to use their preferred format and approach and adapt

this guideline into their own procedure, as they deem appropriate. It requires

that the EA be completed by an independent consultant. The term

environmental refers to biophysical, socio-economic, occupational health and

safety issue as well traditional issue.

2.1.4.2 Environmental Guidelines General: The Bank has written

environmental guidelines that are used in new projects in which it considers

investing. These are set forth in the Bank’s “Industrial pollution Prevention

and Abetment handbook”, which includes industry sector specific guidelines

as well as guidelines on specific pollutants and their control technologies. The

project must comply with the Bank’s polices and guidelines, which

emphasizes pollution prevention including the use of cleaner production

technologies. The intent of the guidelines is to minimize resource

consumption, including energy use, and to eliminate or reduce pollution at

source.

48

2.1.4.3 Health and safety guidelines General: The document is prepared to

ensure proper work environment and used together with environmental

guidelines for new projects.

2.2 EVOLUTION OF EIA IN INDIA Environmental Impact Assessment (EIA) of developmental projects was first

introduced in India in 1977-78 when planning commission advised to

Department of Science and Technology to take up environmental appraisal of

river valley projects. Subsequently, projects in mining, industry, thermal

power and harbour sectors were brought under the preview of EIA, At present,

the Ministry of Environment and forests (MoEF) is the nodal agency for EIA in

India 53 - 54.

On 27 January 1994, the MoEF notified mandatory EIA’s under rule 5 of the

Environment (Protection) Rules of 1986 for 29 designated projects. The

notification made it obligatory to prepare and submit an EIA, an Environment

Management Plan (EMP), and a project report to an Impact Assessment

Agency and was required to consult a multi-disciplinary committee of experts.

Under the January 1994 notification any member of the public was to have

access to a summary of the Project Report and the detailed EMPs. Public

hearings were mandatory. This represented India’s first attempt at a

comprehensive EIA scheme.

In India, the environmental action formally started with the participation of

late Smt. Indira Gandhi in the UN Conference on Human Environment in

Stockholm in 1972. A National Committee on Environmental Planning &

Coordination (NCEPC) was established to be the apex body in the Department

of Science and Technology. The term `Environment figured for the first time in

the Fourth Five Year Plan (1969-74) which recorded that `harmonious

development is possible only on the basis of a comprehensive appraisal of

environmental issues. The Tiwari Committee (Committee on Review of

49

Legislative Measures and Administrative Measures), in its report in 1980,

recommended creation of a Department of Environment as a nodal agency to

ensure environmental protection, to carry out environmental impact studies of

proposed development projects, and to have administrative responsibility for

pollution monitoring and control. The department came into being in 1980

within the Ministry of Science and Technology under the charge of the then

Prime Minister. In 1989 the subjects of wildlife and forestry were added to the

list and a new Ministry of Environment and Forests was created with the

Prime Minister holding its charge. Since its inception the Department (under

the Ministry) has issued various guidelines on EIA for various projects.

EIA, in brief, extrapolates from scientific knowledge to assess the problem

consequences of some human interventions on nature. Although EIA uses the

techniques of science, it differs from ordinary scientific inquiry, because it is

dealing with events which have not yet occurred, may not occur, and whose

chances of occurrence may be changed by the very statement that they may

occur.

Some measures are required to be taken in the future to reduce the

anticipated environmental degradation. Before starting a major project, it is

essential to assess the present environment without the project, and the likely

impact of the project on the environment, when it is completed. Therefore, an

Environment Impact Assessment has to be made before starting a project. For

analysis of environmental impacts, many professions and disciplines have to

be involved. Like economic and engineering feasibility studies, Environmental

Impact Assessment is a management tool for officials and managers who

make important decisions about major development projects. The

Environmental Impact Assessment should have the following objectives:

i. Predict environmental impact of projects

ii. Find ways and means to reduce adverse impacts

iii. Shape project to suit local environment

iv. Present the predictions and options to the decision-makers

50

The EIA statement should cover brief description of project, brief description

of existing environment, likely impact of project, the mitigation and protection

measures, consideration of alternatives, and summary with conclusions.

The MoEF published guidelines for preparation of EIA statements along with

questionnaires and checklists for industrial projects. Project proponent are

required provide relevant information as indicated in the guidelines along with

the environmental impact assessment statement/environmental management

plan (EMP). A preliminary scrutiny of the project proposals is made by the

technical experts of MoEF. After ensuring that the main aspects are covered,

EIA are placed before the appraisal committees of experts. The appraisal

committee discusses the impact of the project with the project proponent and

if necessary, site visits are made for on the spot assessment of various

environmental aspects. Based on their examination, the appraisal committees

make recommendations on approval or rejection of the proposal by MoEF. The

environmental clearance to development projects is subject to implementation

of stipulated safeguards under the provision of environment (Protection) Act

1986, Forest (Conservation) Act 1980, and other rules and regulations in

force.

2.2.1. Environmental Appraisal Committees With a view to ensure multi-

disciplinary input required for environmental appraisal of development

projects, Expert Committees have been constituted for the following sectors:

Mining Projects

Industrial Projects

Thermal Power Projects

River Valley, Multipurpose, Irrigation and H.E. Projects

Infrastructure Development and Miscellaneous Projects

Nuclear Power Projects

2.2.1.1 Environmental Appraisal Procedure: Once an application has been

submitted by a project authority along with all the requisite documents

51

specified in the EIA Notification, it is scrutinized by the technical staff of the

Ministry prior to placing it before the Environmental Appraisal Committees.

The Appraisal Committees evaluate the impact of the project based on the

data furnished by the project authorities and if necessary, site visits or on-

the-spot assessment of various environmental aspects are also undertaken.

Based on such examination, the Committees make recommendations for

approval or rejection of the project, which are then processed in the Ministry

for approval or rejection.

In case of site specific projects such as Mining, River Valley, Ports and

Harbours etc., a two stage clearance procedure has been adopted whereby the

project authorities have to obtain site clearance before applying for

environmental clearance of their projects. This is to ensure avoiding areas

which are ecologically fragile and environmentally sensitive. In case of projects

where complete information has been submitted by the project proponents, a

decision is taken within 90 days.

Procedure for environmental appraisal of industrial projects in India is

presented in Figure – 2.1

52

Submission of Questionnaire

SPCBState Department of Industries and State department of Environment

NOC for site clearance from environmental angle

NOC for air emission and water effluents

QuestionnaireComprehensive Environmental Impact Assessment (CEIA)

Environmental Management Plan (EMP) Disaster Management Plan (DMP)

Submission to Ministry of Environment and Forests (MoEF)

Examination by Ministry

Environmental appraisal Committee (EAC)

Discussion with project authorities site visits (if necessary)

All information available

Decision on the site clearance within three months of receipt

of the proposal

Details and missing information sought

Submission of missing information/action plans within three months by project proponent

Case is considered for decision

Case is rejected for non-furnishing of information

Approval/Conditional approval/rejections

Recommendations of EAC processed for approval/rejection

53

The MoEF on January 27, 1993, brought out draft notification under the

environment (Protection) Act 1986 making environment clearance mandatory

for expansion or modernization of any activity if pollution load is to exceed

existing levels, and also for new projects listed in schedule–1 of the

notification. The notification was subsequently modified in May 1994.

2.3 ENVIRONMENTAL IMPACT ASSESSMENT –LEGAL PROVISION

In India, EIA was made mandatory in 1994 under the environmental

protection Act of 1986 with the following four objectives:

1. Predict environmental impact of projects;

2. Find ways and means to reduce adverse impacts;

3. Shape the projects to suit local environment;

4. Present the predictions and options to the decision-makers.

Till 1994, EIA clearance was the administrative requirement for big projects

undertaken by the Government or public sector undertakings. The

Notification mandates a public hearing and environment itself, with further

review by a committee of experts in certain cases. According to Schedule II of

the notification, the EIA is expected to cover at least the following matters:

1. Description of the proposed activities;

2. Description of the base environmental and climatic conditions and

potential affected environment including specific information necessary

to identify and assess the environmental effect of the proposed

activities

3. Analysis of the land use and land use change, waste generation, water

consumption (and the existing balance), power consumption etc. along

with the social and health impacts (in terms of number of people

displayed etc)

4. Description of the practical activities as appropriate

54

5. An assessment of the likely or potential environmental impacts of the

proposed activity (like air pollution, noise generation) and the

alternatives, including the direct or indirect, cumulative, short-term and

long-term effects;

6. A risk assessment report and disaster management plan to mitigate

adverse environmental impacts of proposed activity and assessment of

those measures;

7. An indication of the likely area to be affected by the proposed activity or

its alternatives;

8. A detailed environmental feasibility report of all the information

provided.

The EIA report - which is expected to include proposed measures to be

undertaken by a proponent to mitigate or ameliorate the negative environment

effects - shall be submitted to the agency for approval. If approved, an

environmental agency statement and certificate of approval shall be issued by

the agency. In a move, the MoEF also took a step in decentralizing the

responsibilities of conducting EIA (notification date 10th April 1997, No. S.O.

319 E). Under the EIA, clearance for certain category of thermal plants lies

with the state governments. The Ministry further amended the Notification in

December 2000 for exempting defense related road construction projects in

border areas from the purview of EIA Notification. The EIA Notification was

further amended in November 2001 and production of bulk drugs based on

genetically engineered organisms has been exempted from the purview of EIA

Notification since this activity attracts the provisions of Hazardous and/or

Genetically Modified Micro Organisms Rules, 1989. Coastal Regulation Zone

(CRZ) Notification has also been amended in April, 2001 permitting certain

activities in CRZ-I areas such as (a) construction activities related to the

projects of Department of Atomic Energy (b) laying of pipelines, conveying

systems including transmission lines and (c) facilities that are essential for

activities permissible under CRZ-I. Under this amended notification,

exploration and extraction of oil and natural gas is also permitted between

55

Low Tide Line (LTL) and High Tide Line (HTL) in areas, which are not

ecologically sensitive. Facilities for receipt and storage of Liquefied Natural

Gas (LNG) and facilities for its re-gasification can also be permitted in CRZ

areas not classified as CRZ-I (i) subject to implementation of certain safety

regulations. A recent amendment to the EIA requirements that was notified on

13 June 2002 exempts pipeline projects from preparation of EIA reports.

2.3.1 Legal Provision for Public Participation in India A major amendment

to EIA Notification was made in April 1997 for introduction of Public Hearing

(PH) as a part of assessment procedure for ensuring participation of local

people and stakeholders in various proposed development activities. Public

hearings are called for in projects involving a large displacement of residents

or severe environmental impacts. The decision to hold hearings has to be

made within 30 days of receipt of the proposal. If the IAD (Impact Assessment

Division) decides to hold hearings, it is required to provide notice in at least

two newspapers at least 30 days prior to the hearing. Recent Amendment in

the Public hearing notifications is that hearings are now mandatory for all

projects to which the EIA notification applies. In support of this new

requirement, the process includes provisions for public access to information.

Project proponents are required to provide the SPCB with an executive

summary of the project "containing the salient features of the project both in

English and local languages". They must also provide copies of all application

forms relating to the project that were submitted pursuant to other

environmental approval processes and "any other document necessary for the

Board to dispense with the application". Twenty copies of each of these

documents must be provided to the SPCB. Public access to executive

summaries is available at District Collectors' Offices, District Industry

Centers, the office of the Zila Parishad or Commissioner of the municipal

corporation/local body, and SPCB state and Regional offices. The hearing

process also contains provisions for public notice. SPCBs are required to give

notice in at least two newspapers widely circulated in the region around the

project, mentioning the date, time and place of public hearings. Suggestions,

56

views, comments and objections of the Public shall be invited within thirty

days from the date of publication. Local residents, environmental groups and

others located at the project site likely to be affected can participate in the

hearings or submit oral or written briefs to the SPCB. The new hearing

process also contains requirements regarding the composition of hearing

panels. Panels also include a representative of the SPCB, the District

Collector, a state government representative for the relevant sector under

investigation, a representative of the central Ministry of the Environment and

Forests, not more than three representatives of local bodies such as

municipalities or panchayats, and not more than three senior citizens

nominated by the District Collector. For time bound processing of proposals

for public hearing submitted to various State Pollution Control Boards, the

EIA Notification was amended in November, 2001 and a time limit of 60 days

has been laid down for completion of public hearing 55.

2.3.2 Environmental Impact Assessment: Administrative Arrangements

The Impact Assessment Agency has the overall responsibility to administer,

and enforce the provisions related to EIA. The Impact Assessment Agency

(IAA) would be the Union Ministry of Environment and Forests. To deal with

projects of different sectors, three impact assessment divisions were

constituted. Impact Assessment Division I (IA-I) is responsible for river valley

projects; major irrigation projects and hydel power projects. IA-II is

responsible for industrial projects, thermal power projects and mining

projects. IA-III takes charge of ports and harbour projects; tourism projects;

human settlements; projects in ecologically fragile areas; and communication

projects. The Forest Conservation Division in the ministry examines projects

that involve diversion of forestland for non-forest uses along with the IA

divisions.

It is however, envisaged that various other government supervising and

approving agencies would assist by ensuring that prescribed activities falling

within their areas of jurisdiction undergo EIA prior to approval and

implementation. The IAA if deemed necessary may consult a committee of

57

Experts (Environmental Appraisal Committee) having a composition

(constituted by the Impact Assessment Agency or such other body under the

Central Government authorized by the Impact Assessment Agency in this

regard) as specified in Table 2 (Schedule II of the notification) for some sectors

like river valley, multipurpose irrigation and hydel power projects, industrial

projects, mining projects, thermal power projects, and infrastructure projects.

The appraisal committees consist of experts from varied disciplines like water

resource management, pollution control, forestry, ecology, landscape

planning. These specific groups and task force also appraise other major

projects referred to the ministry. The Committee of Experts has the full right

of entry and inspection of the site or, as the case may be, factory premises at

any time prior to, during or after the commencement of the operations relating

to the project.

2.3.2.1 Expert committee for administering EIA: The composition of the

Expert Committee for Environment Impact Assessment is as follows

1. Eco-system Management

2. Air/Water Pollution Control

3. Water Resource Management

4. Flora/Fauna conservation and management

5. Land Use Planning

6. Social Sciences/Rehabilitation

7. Project Appraisal

8. Ecology

9. Environmental Health

10. Subject Area Specialists

11. Representatives of NGOs/persons concerned with environmental

issues.

The ministry has also set up six regional offices for Post Project Monitoring of

Environment at Shillong, Calcutta, Chandigarh, Bangalore, Lucknow, and

Bhopal, to monitor and interact with authorities of different regions. The

58

project authorities report to these regional centers every six months to confirm

the implementation of the stipulated safeguards. In case of poor performance,

the reasons are discussed with the state government concerned and

recommendations are made.

2.4 ROLE OF DIFFERENT SECTORS IN EIA PROCESS

EIA involves many parties, grouped by their role definition within the process.

This section outlines the basic responsibilities of various bodies.

2.4.1 Project Proponent The project proponent during the project planning

stage decides the type of projects i.e. new establishment, expansion or

modernization. Later the project proponent needs to prepare the detailed

project report/feasibility report and submit the executive summary, which

shall incorporate the project details, and findings of EIA study, which is to be

made available to concerned public. The proponent has to approach the

concerned SPCB for No Objection Certificate (NOC) and holding the public

hearing. After the public hearing the proponent submits application to IAA for

environmental clearance.

2.4.2 Environment Consultant Environmental consultant should be

conversant with the existing legal and procedural requirements of obtaining

environmental clearance for proposed project. The consultant should guide

the proponent through initial screening of the project and establish whether

EIA studies are required to be conducted and if so finalize the scope of such

study. The consultant should also be fully equipped with required

instruments and infrastructure for conducting EIA studies. The

environmental consultant is responsible for supplying all the environment-

related information required by the SPCB and IAA through the proponent. The

consultant is also required to justify the findings in the EIA and EMP during

the meeting with the expert groups at IAA.

59

2.4.3 State Pollution Control Board (PCB) /Pollution Control Committee

The State PCBs/PCCs are responsible for assessing the compatibility of a

proposed development with current operational and prescribed standards. If

the development is in compliance, the PCB will then issue its NOC. They shall

also hold the public hearing as per the provisions of EIA notification. The

details of public hearing shall be forwarded to IAA.

2.4.4 Public Law It requires that the public must be informed and consulted

on a proposed development after the completion of EIA report. Any one likely

to be affected by the proposed project is entitled to have access to the

Executive Summary of the EIA. The affected persons may include: a) bonafide

local residents; b) local associations; c) environmental groups: active in the

area; d) any other person located at the project site / sites of displacement.

They are to be given an opportunity to make oral/written suggestions to the

State Pollution Control Board as per Schedule IV of Annexure I.

2.4.5 Impact Assessment Agency (IAA) Where a proponent is required to

obtain environmental clearance, the IAA will evaluate and assess the EIA

report. In this process the project proponent will be given a chance to present

his proposal. If a project is accepted the IAA will also prepare a set of

recommendations and conditions for its implementation based on this

assessment. Environmental clearance conditions and recommendations of IAA

are made available to the public on request through SPCB and through web

site at http://envfor.nic.in. During the implementation and operation of the

project, the IAA will also be responsible for the environmental monitoring

process.

60

2.4.6 Summary of the responsibilities of different agencies during EIA Process

Project proponent

IAAEnvironment Consultant

Reviewer Public

Administrative Body (Govt., CPCB. SPCB, BIS, MOEF)

Screening

Decides the type of project

and also about

requirement of Environmental

Clearance

Guides the proponent in

the initial screening

stage.

Determines if the initial project

description submitted

is adequate.

Scoping Provide TOR

Guidance is provided to

the proponent, if

needed

Establish if an EIA study is required and if so,

finalize the scope of the

study.

EIA Report

Prepares detailed

project report and provide

information in logical and transparent

manner

Examines if procedures have been followed as per MoEF

notifications, assesses the

report.

Has to go throughthe EIA

Report very carefully.

After the completion

of EIA report, the

law requires that the public

must be informed

and consulted.

Baseline Conditions

/Adhere to the attributes,

recommended by the BIS, CPCB, and

MoEF.

Should be conversant

with the existing legal

and procedural

requirements for the project.

Responsible for assessing the

compatibility of the proposed development

with prescribed standards.

Public Hearing

Approach the SPCB for

holding the

SPCB forward the details of

Public

SPCB's hold the public

hearing as per

61

public hearing.

Obliged to respond to

issues raised during the

hearing

hearing to IAA.

the provisions of EIA

Notification and forward the

details to IAA.

Decision Making

IAA assists administrative authority in the decision

making process

Justify the findings in

the EIA during

meetings with the expert

group.

Makes decision along with IAA

Monitoring clearance conditions

Should be done in the

construction and operation

phase.

Plays a role in the

monitoring process by examining reports and

taking further action

2.5 PROJECTS SUBJECT TO EIA

The projects can be classified into three categories based on whether EIA is

required or not and who is responsible for the clearance?

2.5.1 Category1 Projects where EIA is mandatory and requires clearance

from Central government as of now, EIA clearance is required for 32

categories of industries from the central government which can be broadly

categorized under sectors of industries, mining, thermal power plants, river

valley, ports, harbours and airports, communication, atomic energy, transport

(rail, road, highway), tourism (including hotels, beach resorts)

2.5.2 Category 2 Projects where EIA is mandatory and requires clearance

from State Governments (full EIA may not be required) The Central

Government has notified (dated 10 April 1997, No. S. O.319. E) that certain

category of thermal power plants namely all capacity cogeneration plants,

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captive coal and gas/naphtha based power plants up to 250 MW, coal based

power plants up to 250 MW using conventional technologies, coal based

plants up to 500 MW using fluidized bed technology and gas/naphtha based

plants up to 500 MW require environmental clearance from the state

government. In case of pithead thermal power plants, the applicant shall

intimate the location of the project site to the state government while initiating

any investigation and surveys. Proposals where forestland is a part of the

project site need prior forestry clearance before forwarding to MoEF for

environmental clearance. In the environmental clearance process, the

documents to be submitted to MoEF are project report, public hearing report,

site clearance for site specific projects, no objection certificate from State

Pollution Control Board (SPCB), environmental appraisal questionnaire,

EIA/EMP report, risk analysis for projects involving hazardous substance and

rehabilitation plans, if more than 1000 people are likely to be displaced.

2.5.3 Category 3 For these projects EIA is not necessary: Some of the

projects that come under this category include defense related road

construction projects in border areas, production of bulk drugs based on

genetically engineered organisms: (a)Construction activities related to the

projects of Department of Atomic Energy (b) laying of pipelines, conveying

systems including transmission lines; (c) facilities that are essential for

activities permissible under (Coastal Regulation Zone)CRZ-I; Exploration and

extraction of oil and natural gas is also permitted between Low Tide Line (LTL)

and High Tide Line (HTL) areas, which are not ecologically sensitive, pipeline

projects; Facilities for receipt and storage of Liquefied Natural Gas (LNG) and

facilities for its re-gasification

2.6 EFFECTIVENESS OF PUBLIC PARTICIPATION IN INDIA

The purpose of EIA should not be just to assess impacts and complete an

environmental impact statement (EIS); it is to improve the quality of decisions.

Through informing the public the project proponent can make

environmentally sensitive decision by being aware of a project's potential

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adverse impacts on the environment. Another purpose of EIA is to inform the

public of the proposed project and its impacts. In this context public

participation provides crucial information. Through their participation the

project proponent will be able to take advantage of the information that

citizens contribute concerning values, impacts, innovative solutions and

alternatives. There are other reasons why public should be involved in EIA.

The literature puts forth four basic positions 56. First, public participation is

regarded as proper, fair conduct of democratic government in public decision-

making activities 57-58. Second, public participation is widely accepted as a

way to ensure that projects meet citizens' needs and are suitable to the

affected public 59. Third, the project carries more legitimacy, and less hostility,

if potentially affected parties can influence the decision-making process 60.

Finally, the final decision is `better' when local knowledge and values are

included and when expert knowledge is publicly examined 61.

Some argue that it is better not to include the public in EIA as it will be

quicker and most cost-effective to exclude the public in EIA. Project

proponents eager to implement their project may fear that citizen involvement

will delay their schedule or force them to revise the project. Public

participation may be regarded as unnecessary because citizens lack project-

specific expertise and it is just necessary to educate citizens about the merits

of the project 62. To the project proponent, it may look more prudent to push

the project through quietly rather than run the risk of a public process.

However, excluding the public does not ensure expediency either. Alienated

citizens tend to delay the implementation of the project though time

consuming legal action if they feel that their rights are curbed through project

implementation (example see the case studies on Silent Valley, Tehri Dam,

Dahanu in this section). Therefore, the project proponent needs to consider

not only the risks of including versus avoiding citizen input, but also the

potential benefits of establishing a long term co-operative relationship with

citizens.

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2.6.1 Scope for public participation in India The role of different actors in

different stages of EIA. It can be seen from Table given above that public

participation in India occurs too late in the decision-making process and at

this stage it is not possible to influence any of the characteristics of the

project (like type, size or location). Though the public is involved at the

hearing stage, here it is merely a formality as by this time the project

proponent more or less has decided to go ahead with the project. The objective

of public involvement at this stage may be just to defend a decision that has

already been made. So far, citizen involvement in India has been limited to

public hearing stage, legal action to halt the project or to force the inclusion of

mitigation measures (see the case studies). The public participation occurs in

the EIA process, the higher the risk that public comments will only minimally

influence the final decision. Secondly, public participation is extremely limited

and takes place before project implementation. But the project planning and

implementation requires continuous involvement of the public during various

stages 63. Several studies have revealed serious deficiencies in the hearing

process too 64. To add to this problem, information available on the EIA

process could assist people in understanding the purpose and objectives of

EIA is scant and not user friendly because the summary documents are

written in technical language without providing a glossary of key terms.

Even for projects that have already received their no objection certificates the

public does not have access to EIA project reports and environmental

management plans In regard to the hearings themselves, there is no

indication prior to the hearings of what procedure was going to be followed or

how the hearing panel was chosen. Assistance for members of the public on

how to participate, e.g., how to prepare a brief report or how to make a

presentation is also not made available. There is no background information

too provided on what an environmental impact study should contain or how

to critique such a document. Obtaining expert assistance was not promoted in

any way and funding is also not available to public participants. Members of

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the public have to cover their own "traveling and incidental costs" Finally,

there is no indication of how public input provided at the hearings is going to

be used in the decision making process.

2.7 CLASSIFICATION OF ENVIRONMENTAL IMPACTS

The term impact and effect are frequently used synonymously in EIA

literature, although some researchers have advocated differentiating between

natural and man-induced changes, in the biogeophysical environment, effects,

from the consequences of these changes, i.e. impacts. An impact has both

spatial and temporal components and can be descried as the change in an

environmental parameter over a specified period and within a defined area

resulting from a particular activity.

Impacts can be classified as 65-67.

Adverse or beneficial;

Cause or Induced;

Primary/secondary/Tertiary;

Short term/ Long term;

Reversible/ Irreversible and

Site specific / Project specific

In view of the spatial and temporal distribution of the environmental impacts

of industrial projects, the impact of industrial development should be

analyzed in terms of host, proximate, significantly affected, moderately

effected, and slightly effected /unaffected area. Further described the

indicative geographical limits and nature of impacts 68. Table – 2.2

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Table 2.2 Impact Zone of Industrial Projects

CATEGORY GEOGRAPHICAL LIMITS

NATURE AND MAGNITUDE OF IMPACTS

Land Area

Stream Stretch

General Air Quality Degradation

Water Quality

Host Major industry: one km/all around the battery limits. Medium Industry/indul Estate: 0.5 km all around periphery

1.0Km U/S of outfall to 5.0 Km D/S of outfall in case of lake/sea1.0 Km radius outfall.

Noise, odour dust disruption of sociocultural life; grave immediate and all time risk from accidents such asdamage to life, health, flora, fauna and property etc.

Servers at many times: e.g. cement plants SPM: 800-1500 µg/m3

thermal power and refineries NH3: 2-5 PPM SO2 :

150-300 µg/m3

Severs when dilution is low: ecology affected: fish kills may occur periodically

Proximity Major Industry: down wind 3 km. others 2 km. medium /indul estate dominant down wind: 2kms others 1 km

From 3kms U/S up to 20kms D/S or where dilution available becomes 20 times or more also 3 kms U/S on all tribury steams joining in this reach

Risk and damage when translent/accidental release accompany adverse meteorological conditions, leaf injury in plants, and life loss in humans/animals etc.

Server at some times: SPM: 500-800 µg/m3

SO2: 100-150 µg/m3

NH3 : 1-2 PPM

As above dissolved oxygen may touch 2.0 or lower at times ecology may get severely affected.

Significantly affected

Major industry: dominant down wind: 5 kms others: 3 kms medium indul

Up to 40 kms D/S or where dilution becomes 50 times or more

Nuisance on several occasions: effect on yield and growth of sensitive plants and health of sensitive humans and

Moderate occasionally SPM: 300-500 µg/m3

SO2: 30-100 µg/m3

NH3 : 0.01-

Dissolved oxygen recovers but ecology still may be severely affected

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estate dominant down wind 3 kms others : 2 kms

animals. 0.5 PPM

Moderately affected

Major industry: dominant and down wind 8 kms others: 4 kms. Medium.indul estate DW 5 kms others: 3 kms

Up to 80 kms D/S or where dilution becomes 100 times or more

Some nuisance occasions some risk, some effects on flora and fauna of sensitive species and individuals

Some timesSPM: 200-300 µg/m3

SO2: 20-30 µg/m3

NH3 : 0.02-0.1 PPM

Ecology slowly recovering

Slightlyaffected unaffected

Beyond (d) Beyond (d) Imperceptible SPM: <200 µg/m3

SO2 : 10-20 µg/m3

Almost normal

2.8 ENVIRONMENTAL IMPACT ASSESSMENT PROCESS AND PROCEDURE

As recommended by the Ministry Of Environment and Forest, Government of

India. The EIA process in India is made up of the following phases

2.8.1 Screening Screening is done to see whether a project requires

environmental clearance as per the statutory notifications

2.8.2 Scoping and consideration of alternatives Scoping is a process of

detailing the terms of reference of EIA. It has to be done by the consultant

with the project proponent and guidance, if need be, from Impact Assessment

Agency.

2.8.3 Base line data collection Base line data describes the existing

environmental status of the identified study area. The site-specific primary

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data should be monitored for the identified parameters and supplemented by

secondary data if available.

2.8.4 Impact prediction Impact prediction is a way of ‘mapping’ the

environmental consequences of the significant aspects of the project and its

alternatives.

2.8.5 Assessment of alternatives, delineations of mitigation measures

and environmental impact statement For every project, possible

alternatives should be identified and environmental attributes compared.

Alternatives should cover both project location and process technologies.

Alternatives should consider ‘no project’ option also. Alternatives should then

be ranked for selection of the best environmental optimum economic benefits

to the community at large.

2.8.6 Public hearing After the completion of EIA report the law requires that

the public must be informed and consulted on a proposed development after

the completion of EIA report.

2.8.7 Decision-making Decision making process involve consultation

between the project proponent and the impact assessment authority.

2.8.8 Monitoring the clearance conditions Monitoring should be done

during both construction and operation phases of a project. This is not only to

ensure that the commitments made are complied with but also to observe

whether the predictions made in the EIA reports were correct or not.

2.9 METHODOLOGY FOR SITE SELECTION

The magnitude of environmental impacts of industrial projects is, in most of

the cases, site specific. Hence, the selection of site should form an integral

part of EIA of industrial projects. However, there are no explicit methodologies

documented in literature for site selection. The World Bank has advised its

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task managers to specifically consider project locations in the categorization of

the projects for further environmental assessment.

In India, The Ministry of Environment & Forests stipulated that the industrial

area should maintain the following distances from the areas listed below;

Ecologically and/or otherwise sensitive areas: at least 25 kms, the

requisite distance may be increased depending upon the geo-climatic

conditions.

Coastal areas: at least ½ km from high tide line.

Flood plains of the riverine systems: at least ½ km from the flood plain

or modified flood plain affected by dam in the upstream or by flood

control system.

Transport/communication system : at least ½ km from highways and

railways

Major settlements (more than 300000 populations): distance from

settlements is difficult to maintain because of urban sprawl, At the

time of sitting of the industry if any notified limit of any major

settlement is within 50 km, the spatial direction of growth of the

settlement for at least a decade must be assessed and the industry

shall be sited at least 25 km from the proposed growth boundary of the

settlement.

The MoEF has further stipulated that the following factors must be recognized

in siting:

No forest land shall be converted into non-forest activity for the industry

(Forest conservation Act, 1980)

No prime agriculture land shall be converted into industrial site.

Within the acquired land the industry must locate itself at lowest

location to remain obscured from general sight.

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Land acquired should be sufficiently large to provide space for

appropriate treatment of wastewater after maximum possible in-house

recycle and reuse. Treated water shall be used for raising green belt

and, if possible, for aquaculture.

The green belt between two adjoining large scale industries shall be one

kilometer.

Enough space shall be provided for storage of solid waste.

Layout and form of the industry must confirm to the landscape of the

area without affecting the scenic features at the locations.

Associated township of the industry must be created at a space having

phytographic barrier between the industry and the township.

Ideally, the site for an industrial project should be selected based on the

regional carrying capacity which is defined as the maximum rate of resource

consumption and waste discharge that can be sustained indefinitely in a

defined planning region without progressively impairing bio-productivity and

ecologically integrity.

2.10 EIA METHODOLOGIES

The identification and assessment of environmental impacts of developmental

activities are complex because of the diversity of impacts caused by human

interference to the environmental and social systems.

Although there is a large number of EIA methodologies which have been

developed and used in EIA, the variety is more apparent than real. Nearly all

methods are variants of general types which have specific organizing

principles in common; these are checklist, matrices, networks, overlays and

models. In case of checklists and matrices there are many versions whereas

there are fewer examples of networks and models available. All these

methodologies are generic in nature and are adapted to specific type of project

assessment such as industrial, water resources, mining, etc.

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2.10.1 Checklists The term checklist covers a variety of methods having

widely varying characteristics and degree of complexity. The four basic

categories of checklists are; simple checklist, Descriptive Checklists,

questionnaire checklists and scaling-weighing checklists.

2.10.1.1 Simple Checklists: Simple checklists consist of a list of

environmental, economic and social factors which may be affected by specific

project actions. These are useful for impact identification.

2.10.1.2 Descriptive Checklists: A comprehensive checklists accompanied

by specific guidance on the data requirements, source of information, and

predictive techniques. The guidance allows these checklists to be utilized for

impact identification, measurement, and presentation of results.

2.10.1.3 Questionnaire Checklists: Another type of checklists is the

questionnaire which presents a series of questions relating to the impacts of

the project.

2.10.1.4 Scaling-Weighing Checklists: Scaling-Weighing Checklists have

been devised to enable all adverse/beneficial impacts for a single project, or

more usefully, alternative projects to be compared in the form of quantitative

indices.

2.10.2 Matrices Matrix methods are two dimensional checklists in which

possible project activities are established along one axis, with potentially

impacted environmental characteristics or conditions along the other. Thus

the cause effect relationship between specific activities and impacts are

identified in matrix methods. Leopold 69 was the first to suggest the use of a

matrix method for Environmental impact assessment.

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2.10.3 Networks The first EIA network was developed by Sorenson in 1971 to

aid planners reconcile conflicting land-use in a section of Californian coastal

zone.

Network approaches expand the concepts of a matrix by introducing a cause

condition effect relation that allows identification of cumulative or indirect

effects not adequately explained through simple cause effects sequences

represented by matrices. Networks, thus, recognize that a project action may

trigger a series of impacts. Network methods are not useful in impact

prediction or assessment, and rely heavily on the expertise and local

knowledge of persons involved in EIA. Further, for a complex project such as

industrial development, the cause condition effect network can be unwieldy

visual display.

2.10.4 Overlays Overlay mappings have a long history of use in

environmental planning being ideally suited for the consideration of spatial

aspects. Their use in impact analysis pre dates. The technique relies on a set

of maps of environmental characteristics (physical, biological, socioeconomic

etc) of a project area. These maps are overlaid to produce a composite

characterization of the regional environment. Impacts are identified by noting

the impacted environmental characteristics within the project boundaries.

2.11 COMPUTER AIDED ENVIRONMENTAL IMPACT ASSESSMENT

Use of computer in EIA, with a few exceptions, has been restricted to

development of software for storage and retrieval of environmental data, and

software for predictive modeling.

Urban et.al. 70 developed a computer aided assessment system using matrix

approach to identify potential environmental impacts associated with army

activities in the area of training, research and development, construction,

real- estate acquisition, and industrial activities.

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Krauskopf and Bunde 71 developed a computer modeling process employing

overlay techniques via computer mapping for highway route alternatives. Data

on environmental characteristics are collected and stored in the computer on

a grid system of 1 km square cells. The programme identifies the route of least

impact.

Luhar and Khanna 72 developed a computer methodology for computer aided

rapid EIA.

The research in computer aided EIA, so far, lacks the use of comprehensive

methodology for identification of impacts, identification and use of appropriate

prediction models, and evaluation of impacts using predictors relevant to the

type of project.

2.12 MATHEMATICAL MODELS FOR EIA

Mathematical models can be classified as:

2.12.1 Steady state models where the systems does not vary with time. The

inputs to the models are fixed and consequently the system eventually

reaches some equilibrium condition. Steady state models are simplistic and

have small data requirement 73.

2.12.2 Dynamic Models Where the system varies with the time due to

changing conditions or due to changing inputs. Dynamic models are more

difficult to formulate and require larger amount of data. They also require

larger computing time.

2.12.3 Deterministic models Where there is a fixed relationship between the

input and output. All the relationships in such a model are rigidly determined

and the input and output are similarly assumed to be error free.

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2.12.4 Stochastic models Which allow for random fluctuations in the

systems due to variations in the input parameters, variations in the state of

the system coefficients, or error in output measurement. The variations are

introduced by fixing the mean value of a parameter or coefficient together with

the standard deviation. Data requirement for such a model are obviously

greater than the equivalent deterministic model.

Ministry of Environment and Forests in India suggests the different models for

mathematical modeling. (www.envfor.nic.in)

2.13 SYNOPSIS OF ENVIRONMENTAL REVIEW PROCEDURE IN INDIA

The first step to take on the way to obtaining environmental clearance is to get

an EIA report prepared by an independent consultant. The chances of getting

environmental clearance expeditiously depend largely on the content and

quality of EIA report. It is important that the EIA report should have data,

which are adequate for identification, prediction and evaluation of impact.

In the course of EIA process, environmental consultant plays a crucial role

because the project developer entrusts the job of preparing EIA report to the

consultant. The consultant is expected to be conversant with the entire EIA

process including policy matters, monitoring and analysis procedures, impact

prediction techniques and fully equipped with instruments and infrastructure

for conducting the EIA study.

Any person who desires to undertake an activity listed in Schedule I of EIA

notification approaches the concerned State pollution control Board (SPCB)

along with project report, application form and executive summary of

Environmental Appraisal for arrangement of public hearing at the site. SPCB

advertise the intent of public hearing in newspapers, conduct the hearing and

prepares the proceeding of public hearing. Thereafter it issues No Objection

Certificate (NOC) or consent to establish the project.

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The project proponent submits an application (Schedule II) along with filled –

up project specific questionnaire to MoEF. The application is accompanied by

project report, EIA report prepared in accordance with the prescribed

guidelines, proceedings of the public hearing and NOC/ Consent to establish

the project and other approvals mentioned in the explanatory notes of the EIA

notification.

In case of site specific projects like mining, pit head thermal power plants,

hydro-power, major irrigation projects and/or their combination including

flood control, ports and harbors (excluding minor ports), prospecting and

exploration of major minerals in areas above 500 hectares, prior site clearance

is required from MoEF before preparation of EIA and applying for

environmental clearance.

The EIA reports are evaluated and assessed by the Impact Assessment Agency

(IAA is MoEF), and if deemed necessary it may consult a committee of experts,

having a composition as specified in Schedule III of EIA notification. The IAA

prepares a set of recommendations based on technical assessment of the

documents and data furnished by the project authorities and interaction with

affected population and environmental groups, if necessary. The assessment

is completed within ninety days from receipt of complete documents and data

from the project authorities, and decision conveyed thirty days thereafter. In

order to enable the IAA to monitor effectively the implementation of the

recommendations and conditions subject to which the environmental

clearance has been given, the project authorities submits a half yearly report

to the IAA. Subject to the public interest, the IAA makes compliance report

publicly available.

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2.14 APPLICATION OF VARIOUS EQUIPMENT FOR EIA-ADVANTAGE OF SODAR?

In any EIA application, the site specific meteorology and the vertical mixing

height have to be obtained on real time basis. Classically, a 10m mast

mounted with meteorological sensors had been the only method to get the

above data. But, by this technique, lot of extrapolation was required to

compute the vertical mixing and stability classes and the errors involved at

times unacceptable, particularly during the presence of elevated layers.

All these limitations can be overcome by installing an acoustic sounder, which

maps the atmospheric characteristics right from surface up to an altitude of 1

km on round-the-clock basis. It is this unique advantage that has made

acoustic sounder as the most important instrument in EIA studies 74.

After understanding the applications of EIA and its utility, the Chapter-3A

presents the MoEF approved models and the actual measurements that have

been carried out as part of the work carried out in the thesis.

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CHAPTER 2

This chapter offers the literature review pertaining to EIA modeling at

the global and in the Indian context. The Indian experience with

Environmental Impact Assessment began over 20 years back. It started

in 1976-77 when the Planning Commission asked the Department of

Science and Technology to examine the river-valley projects from an

environmental angle. This was subsequently extended to cover those

projects, which required the approval of the Public Investment Board.

Till 1994, environmental clearance from the Central Government was an

administrative decision and lacked legislative support.

On 27 January 1994, the Union Ministry of Environment and Forests

(MoEF), Government of India, under the Environmental (Protection) Act

1986, promulgated an EIA notification making Environmental Clearance

(EC) mandatory for expansion or modernization of any activity or for

setting up new projects listed in Schedule 1 of the notification. Since

then there have been 12 amendments made in the EIA notification of

1994. The MoEF recently notified new EIA legislation in September

2006. The notification makes it mandatory for various projects such as

mining, thermal power plants, river valley, infrastructure (road,

highway, ports, harbors and airports) and industries including very

small electroplating or foundry units to get environment clearance.

However, unlike the EIA Notification of 1994, the new legislation has put

the onus of clearing projects on the State government depending on the

size/capacity of the project.

Certain activities permissible under the Coastal Regulation Zone Act,

1991 also require similar clearance. Additionally, donor agencies

operating in India like the World Bank and the ADB have a different set

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of requirements for giving environmental clearance to projects that are

funded by them.

United States of America was the first country to assign mandatory

status to Environmental Impact Assessment (EIA) vides its National

Environmental Policy Act (NEPA) of 1969.

The efforts have been made to highlight the history of EIA and SODAR.

Further, attempts have been made to highlight the various steps in EIA

in India and the world over.