Environmental Impact Assessment

SUSTAINABLE DEVELOPMENT (EIA) is the study of the effects of a proposed developmental project or activity on the environment. It is an important tool that enables decision-makers to make an informed decision after considering all the short-term and long term effects on the environment. EIA as a concept was introduced in the 1960s, and from then on, it has evolved into a comprehensive framework. Currently, in India, EIA process is governed by the notification promulgated by the Government of India under the Environment Protection Act, 1986. The latest notification was issued in 2006. In 2020, a new draft notification was issued, which met with severe criticism from environmental groups and citizens that it dilutes the whole process and removes important safeguards. Since then the notification is assumed to be expired, and the 2006 notification is in force.

During the course of development, there are many projects or activities that are proposed and carried out to fulfill the needs of the population. But such projects or activities may have a minor or major impact on the environment. Hence, it is prudent to assess such impacts on the environment. Till the 1960s, the world progressed without any considerable thought regarding the effects of development projects on the environment. But slowly, environmental consciousness grew around the world, and the United States became the first country to give prominence to EIA through its National Environmental Protection Act of 1969. Many industrialised nations followed suit and introduced some sort of EIA in their country. Subsequently, some developing countries also introduced EIA, with Columbia being the first one to do so in 1974. In 1987, the Brundtland Report advocated the need for EIA for projects, and in 1992, the Rio Earth Summit also highlighted its importance.

In India, EIA was introduced in the 1976-77 period when the Planning Commission asked the Department of Science and Technology to analyse the river valley projects from an environmental point of view. This examination of the projects was extended to other projects that required approval from the Public Investment Board. These assessments lacked any legislative backing and were purely administrative decision-making tools. In 1986, the Environment Protection Act was enacted, which gave sweeping powers to the Central Government to protect the environment. So, the Union Ministry of Environment issued a notification under the act that made EIA mandatory for development projects. Since then, there have been several amendments made to this 1994 EIA notification. The 2006 EIA notification replaced this notification and is currently in force

The processes involved in EIA in many countries share some common features. Following are the process involved in EIA:

• Presentation of project:
• The entity that is interested in developing the project must submit a proposal to the concerned authority.
• In this proposal, there must be all the relevant information about the project, including the potential impacts on the environment and possible mitigation efforts.
• Screening:
• In this stage, the project is analysed and the projects that do not need EIA are cleared. For example, construction of a school likely does not require EIA.
• As for other projects, impacts on the environment are gauged based on the available data. Screening criteria may be based on the scale of development, type of project, location of the project, statutory clearance needed, etc.
• Collection of baseline data
• Site specific primary baseline data is collected which is supplemented with the secondary data
• Scoping:
• This is the most important stage of the EIA process, as it helps in identifying the major impacts on the environment.
• It is carried out by a team of consultants in consultation with the project proponent. It essentially carries forward the preliminary report made in the screening process, identifying the issues that need further deliberation and study.
• Scoping is completed when the Terms Of Reference (TOR) is prepared. TOR is a document that sets out the priorities of EIA, the information that is needed, and the depth of analysis required.
• Impact Analysis and Assessment of Alternative
• In this stage, the likely environmental and social impacts of the proposed project are identified, and its significance is evaluated.
• Alternative should be proposed and its environmental impacts must be compared with the original project.
• Mitigation
• Mitigation plans for the project should be prepared which must include an action plan and steps to minimise the impacts identified above.
• Reporting
• In this stage, decision-makers are presented with all the information regarding the project and its alternatives supplemented with impacts and mitigation plans.
• Public Hearing
• Concerned public must be informed about the proposed project and must be consulted. It includes the local resident, environmental groups, or any other person which may get affected due to the project.
• Decision Making
• After considering the EIA, the decision-making authority in consultation with the experts takes the final decision on the proposed project.Concerned public must be informed about the proposed project and must be consulted. It includes the local resident, environmental groups, or any other person which may get affected due to the project.

• Informed decision-making: The EIA process compiles all the data and information in a simplified manner, which helps the decision-makers to make an informed decision after duly considering all the pros and cons of the proposed project.
• Ensures Sustainable Development: EIA ensures that economic development needs are balanced with environmental and social sustainability. In other words, it helps in achieving sustainable development.
• Minimising negative impact and mitigation: The negative effects of the proposed project are minimised and a mitigation plan is prepared so that the impact on the environment or the community can be managed.
• Efficient utilisation of resources and cost-effectiveness: Since during the EIA, a detailed study of the project is carried out with the help of advanced data analysis, it aids in making the project more cost effective and an effective utilisation of resources is ensured.

The Ministry of Environment and Forest issued the EIA notification in 2006 in exercise of its power under the Environment Protection Act of 1986.

• Objectives:
• Necessary safeguards are to be introduced at the planning stage so that there is minimal impact on the environment.
• There is a transparent and efficient mechanism for clearance of the project.
• Participation of the stakeholders is ensured through public hearings and consultations.
• Categorisation of projects for decentralised mechanism of clearance.
• Salient Features:
• 4 Stages: The notification proposes four stages of EIA namely, Screening, Scoping, Public Hearing and Appraisal.
• International best practices: have been incorporated in the scoping and screening stage to ensure informed decision-making and fast clearance mechanism.
• Public hearings: are conducted on site as well as through correspondence.
• NOC (No Objection Certificate): from regulatory authorities such as State Pollution Control Board is not a prerequisite for consideration of clearance.
• Categories of Projects:
• Category A projects are appraised at the central level & require environmental clearance by the Central Government in the Ministry of Environment Forest on the basis of the recommendations of the Expert Appraisal Committee constituted by the Central Government.
• Category B projects are appraised at the state level. After screening, they are further divided into
• Category B1 project which requires environmental clearance.
• Category B2 project which does not require environmental clearance.
• In the states, State SUSTAINABLE DEVELOPMENT Authority (SEIAA) and State level Expert Appraisal Committee (SEAC) have been constituted from which Category B1 projects take clearance.

• Leads to red tapism: Many project developers have complained that the EIA process is damaging the spirit of liberalisation and leaves the space for rent seeking by the public officials.
• Lack of technical experts: EIA studies are carried out by the people who lack technical knowledge in the field. Hence the report is devoid of some of the impacts of the proposed project.
• Lack of monitoring: There is a lack of administrative capacity to monitor the compliance of all the regulations by the project. If the project is not complying with the measures suggested during the EIA then the whole process becomes meaningless.
• Difficulty in decision-making: The final EIA report that is presented to the decision-maker is very bulky and laden with technical facts and data. This makes the decision-making process more difficult.
• Legitimacy of the report: The EIA report often fails to enumerate the full potential impacts of the project. The consultants that work on the EIA process are not held accountable for any wrongdoing.
• Lack of data: There is a lack of reliable data. Data collected may also lack any consideration about the indigenous traditional knowledge.
• Issues related to Public Hearing: Projects are often proposed in the rural or tribal areas. There the people do not have the know how to understand the EIA process. They may be easily swayed by the prospect of money or jobs. People are informed just a few days before the date of hearing hence time for preparation is inadequate. Also recommendation made by these public hearings is only advisory and may not be considered by the authorities while granting the clearance.

The Ministry of Environment Forest and Climate Change (MoEFCC) issued a draft notification in 2020 which was intended to replace the 2006 notification.
Major issues with the Draft EIA notification:

• Discretionary Powers to the government: It provides sweeping powers to the central government to declare a project as ‘strategic’. For such projects the government is not bound to provide any information to the public. This will reduce transparency.
• Reduces time for public consultation: It reduces the time period for public consultation to 20 days.
• De facto Clearance to projects: Projects that have commenced operation can be granted clearance after payment of a penalty.
• Private consultation: It allows private consultants to contribute to the EIA process. This may lead to overcomplicated representation of the findings making it difficult to understand.
• Extended period of clearance: It has increased the validity of the clearance provided to some of the industry which may increase the risk of environmental damage and cause other social impacts. For example, the validity of clearance for a mining project has been increased from 30 years to 50 years.
• Compliance Report: 2006 notification requires that a compliance report must be submitted every six months. Draft notification increased this period to one year hence diluting the compliance regime.

• Expert committees must be formed: The executive committees should be replaced by an expert committee which consist of various experts from diverse fields such as anthropologists, environmentalists etc. The criterias for selection for such a committee should also be transparent.
• Creation of independent EIA Authority: An independent EIA authority having representation of various stakeholders is required for an independent assessment. Such authority can be headed by a judicial officer. Decisions made by the authority shall be binding on the government.
• Improving the quality of report: The EIA report must be based on reliable data sourced from an authentic source. It must consider all the factors that affect the people such as impact on traditional practices, agricultural biodiversity, local livelihood etc.
• Capacity Building: All the stakeholders must be enabled to build their capacity so that they can fully understand the EIA report and contribute to the public consultation process more effectively.
• Monitoring and Compliance mechanism: A continuous and strong monitoring mechanism should be developed to ensure compliance of regulations. The monitoring authority should be given powers to punish any non compliance. Advanced technology and data analysis can be deployed to make this process more robust.
• Promoting a culture of environmental awareness.

While there is an increased focus on closing the infrastructure gap in the country, it is necessary not to diverge from the path of sustainability. Human well being is interconnected with environmental sustainability. Any type of developmental activity has an impact on the environment. EIA provides an effective tool to anticipate such impacts and minimise the adverse effects. EIA ensures that there is sustainable development and that human needs do not destroy the environment. It is necessary that the developmental projects be expedited to fulfill the needs of people; they must not come at the cost of the environment. Any attempt to dilute this comprehensive framework could have an irreversible effect on the environment. Hence, the government must engage all the stakeholders before making any changes in EIA regulations.