Introduction:-
Environmental Impact Assessment (EIA) evaluates potential impacts—environmental, socio-economic, and health—of a proposed project. It anticipates effects early, suggesting ways to mitigate negatives, tailor projects to local conditions, and presents options to decision-makers. In India, EIA is supported by the Environment Protection Act, 1986, outlining methods and processes.
History of EIA in India
Environmental Impact Assessment (EIA) in India commenced more than two decades ago, initially in 1976-77 when the Planning Commission tasked the Department of Science and Technology with appraising river-valley projects through an environmental lens. Before 1994, obtaining environmental clearance from the Central Government was an administrative decision without legal backing.
However, on January 27, 1994, the Union Ministry of Environment and Forests, acting under the Environmental (Protection) Act of 1986, introduced an EIA notification. This notification mandated Environmental Clearance (EC) for the expansion, modernization, or establishment of new projects listed in Schedule 1.
Later, the Ministry of Environment, Forests, and Climate Change (MoEFCC) introduced updated EIA legislation in September 2006.The notification mandates environmental clearance for diverse projects like mining, thermal power plants, river valley initiatives, and various infrastructural developments such as roads, highways, ports, harbors, airports, and industries including small electroplating or foundry units. Unlike the 1994 EIA Notification, the updated legislation shifts the responsibility for project clearance to state governments based on the project’s size or capacity.
The EIA Process
- Screening:
- Assess project scale, location, type, and statutory clearance necessity.
- Scoping:
- Identify potential impacts, mitigation options, and monitoring needs.
- Baseline Data Collection:
- Gather environmental status of the study area.
- Impact Prediction:
- Forecast positive/negative, reversible/irreversible, temporary/permanent impacts based on a comprehensive understanding of the project.
- Mitigation Measures and EIA Report:
- Detail actions to prevent, minimize, or compensate for environmental damage in the EIA report.
- Public Hearing:
- Engage with nearby communities and environmental groups after completing the EIA report.
- Decision Making:
- Experts and Impact Assessment Authority consult project leaders and consultants for final decisions, considering EIA and EMP.
- Monitoring and Environmental Management Plan Implementation:
- Monitor project phases for environmental compliance.
- Assessment of Alternatives, Mitigation Measures, and EIA Report:
- Identify project alternatives, compare environmental attributes, and develop a mitigation plan.
- Risk Assessment:
- Conduct inventory analysis and hazard probability assessment as part of EIA procedures.
Stakeholders in the EIA Process
Stakeholders in the EIA Process:
- Project proponents: Those proposing the project.
- Government authorities: Responsible for regulatory approvals.
- Environmental experts: Assess impacts and mitigation.
- Local communities: Involved in public hearings and consultations.
- NGOs and environmental groups: Engaged in the process.
- Assessment agencies: Conduct the EIA studies.
- Decision-making bodies: Review and approve EIA reports.
- Monitoring agencies: Oversee project implementation.
Environment Impact (EIA) Notification, 2006
The EIA Notification of 2006 is the key regulation for approving industry establishment or expansion based on environmental impact. It has undergone multiple revisions since its inception in 1994.
Rating system for state Environment impact assessment authority (SEIAA):
The Indian government implemented a star-rating system for State Environment Impact Assessment Authorities (SEIAAs) to enhance their effectiveness and responsibility. However, this system appears to penalize them for adhering to the guidelines outlined in the 2006 EIA notification that governs project clearances.
The faulty compliance module
The MoEFCC issued a notification on June 14, 2022, unveiling a compliance module for projects approved under the 2006 EIA notification. This module streamlines compliance and monitoring, aiming to avoid report submission delays to regulatory bodies. Yet, it remains uncertain if these reports and associated documents will be accessible to the public. Project proponents upload information via the Parivesh portal using unique credentials, which might not be publicly accessible.
Disrupting or devaluing the public hearing process
The public hearing process involves consulting the community and considering their input on the draft EIA report. However, an October 2021 memorandum from the Ministry of Environment, Forest, and Climate Change allows a 20% production increase in minor mineral mining solely through public consultation, sidelining the public hearing process.
Moreover, legacy mining cases approved under the 1994 EIA notification now only require public consultation, omitting the full public hearing process. This consultation doesn’t mandate informing stakeholders through popular media about the project’s details or modifications.
Extra details sought viewed as a burden
As per the 2006 EIA notification, authorities overseeing project clearances can request further information from project proponents as needed. However, a June 2021 memorandum from the MoEFCC instructed authorities to avoid seeking Extra Details Sought (EDS) and Additional Details Sought (ADS) that aren’t pertinent to project assessment. This directive undermines the credibility of ministry-nominated experts involved in project appraisal.
Violation cases get recognition under the 2006 EIA notification
In December 2017, an amendment to the 2006 EIA notification allowed granting “post-facto” clearance to projects violating regulations. This legitimization of past violations risks heightened environmental damage. Recent changes in India’s clearance process prioritize speed over diligence and public involvement. It’s crucial for the government to balance economic growth and environmental safeguarding, ensuring transparency, accountability, and public participation.
conclusion
The strength of Environmental Impact Assessment (EIA) lies in its pivotal role as a guardian of our environmental heritage. By meticulously evaluating proposed projects, EIA safeguards against irreversible ecological harm while fostering sustainable development. Its power extends beyond a mere regulatory process; it embodies our commitment to preserving nature’s balance, ensuring informed decisions, and nurturing a world where progress harmonizes with environmental stewardship. As we embrace the future, fortifying EIA stands as an unwavering commitment to safeguarding our planet for generations to come.
