EIA- Environmental clearance- Environmental appraisal committee

1. EIA-Environmental Clearance(EC)-
Environmental Appraisal committee(EAC)
Presented by
Bhukya Bhaskar
FRM dept, FISHERIES-ICAR
Information Sources:
1.) Environment Impact Notification 2006; Gazette of
India, 14th September, 2006
2.) Green Tapism; Environment Support Group; 2007

2. Introduction
• Environmental Impact Assessment (EIA) is a process of identifying,
predicting, evaluating and mitigating the biophysical, social, and other
relevant effects of development proposals prior to major decisions
being taken and commitments made.”
• studies integrate the environmental concerns of developmental
activities into the process of decision-making.
• EIA has emerged as one of the successful policy innovations of the 20th
Century in the process of ensuring sustained development.
• 1. The MoE&F, GOI vide S.O. 1533 dt. 14.09.2006 issued Environmental
Impact Assessment Notification, 2006 (EIA-2006).
• 2. As per the provisions laid under EIA-2006 notification, prior
Environmental Clearance (EC) is required for the following projects.
• * All new projects/activities listed in Schedule
• * Expansion and/or modernization of existing projects/activities
• * Change in product mix if the pollution load is increasing.

3. 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
• 3. The MoE&F, GOI process the environmental clearance
applications related to Category-A projects and the State level
Environment Impact Assessment Authority (SEIAA) process the
environmental clearance applications related to Category-B
projects.
• 4. In the process of prior Environmental Clearance there are 4
stages.
• Stage I: Screening
• Stage II: Scoping
• Stage III: Public Consultation
• Stage IV: Appraisal
Stages in EC process

4. Summary of EIA process and
Rough Timelines
Submission of application (Form 1, prelim reports)
Stage 1: Screening; Decide project A, B1 or B2
Stage 2: Scoping; Come up with Terms of Reference (TOR)
Prepare preliminary EIA report
Stage 3: Public consultation (2 components)
Stage 4: Appraisal
Final Decision
60 days
45 days
60 days
15 days
30 days
Investor
Expert
Committee
Investor
State Pollution
Control Board
Expert
Committee
Regulatory
Authority
Who does it?
Update EIA report (Investor)

5. Roles and Responsibilities of Stakeholders Involved in Prior Environmental Clearance
Stage
MoEF/SEIAA EAC/SEAC Project
Proponent
EIA
Consultant
SPCB/
Public
Agency
Public and
Interest
Group
Screening
Receives
application and
takes advice of
EAC/ SEAC
Advises the
MoEF/
SEIAA
Submits
application
(Form 1) and
provides
necessary
information
Advises and
assists the
proponent by
providing
technical
information
Scoping
Approves the ToR,
communica tes the
same to theproject
proponent and
places the same in
the website
Reviews the
ToR, visits the
proposedsite,
if required,
and
recommends
the ToR to the
MoEF/
SEIAA
Submits the draft
ToR to
MoEF/SEIAA
and facilitates the
visit of the
EAC/SEAC
members to the
project site
Prepares ToR
EIA Report&
Public Hearing
Reviewsand
forwardscopies of
the EIA report to
SPCB
/public agency for
conductingpublic
hearing
Places the
summaryof EIA
Submits detailed
EIAreport as per
the finalizedToR
Facilitates thepublic
hearingby arranging
presentation on the
project,EIA and
EMP
– takes note of
objections and
updates the
EMP
Prepares theEIA
report
Presents and
appraises the likely
impactsand
pollution control
measures proposed
in the public
hearing
Reviews EIA
reportand
conducts public
hearing in the
manner
prescribed
Submits
proceedings and
views ofSPCB, to
theAuthority
and the
project
Participates in
public hearings
andoffers
comments and
observations
.
Comments
can be sent
directly to
SEIAA
through
Internet in
response to

6. 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

7. The applications are to be submitted
to the :
State Level Environmental Impact Assessment
Authority,

8. 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

9. Details of constitution and projects dealt
by EAC at Central Level
S.N
o. Sector
Date of
Constitu
tion
Term of the
EAC up to
Item Numbers of Projects
/
Activities Dealt by EAC
Member
Secretary Email ID
1 Infrastruc
ture-I
13th
July,2020
12th
July,2023
• 7(b) All ship breaking yards
including ship breaking units •
7(c) Industrial estates/ parks/
complexes/ areas, export
processing Zones (EPZs),
Special Economic Zones (SEZs),
Biotech Parks, Leather
Complexes. • 7(e) Ports,
Harbours, break waters,
dredging • 7(f) Highways
Sh.
Amardeep
Raju
ad[dot]raju[at
]nic[dot]in
2 Hydro &
River
Valley
13th
July,2020
12th
July,2023
•1(c)-River Valley projects and
Irrigation Projects
Sh. Yogender
Pal Singh
yogendra78[a
t]nic[dot]in
3 CRZ 13th
July,2020
12th
July,2023
• Projects or activities
proposed in CRZ area
Dr. Harendra
Kharkwal
h[dot]kharkw
al[at]nic[dot]i
n

10. 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

11. • 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
Requirements of prior Environmental Clearance (EC)

12. List of projects
Project activities
1.Mining of
Minerals
8.Induction Electric
Arc Cupola Furnace
16.Chemical
Fertilizer
23.Integrated
paints
30.Common
Hazardous Waste
Treatment
2.Offshore
Onshore
9.Cement Plants 17.Pesticide
Industry
24.Pulp and
Paper
31.Ports & Harbors
3.Thermal Power
Plants
10.Petroleum_Refine
ries
18.Petrochemical
Complexes
25.Sugar Industry 32.Highways33.Aerial
ropeway
4.Nuclear Power
Plants
11.Coke
Oven12.Asbestos
based industries
19.Man-made
Fibre
26.Isolated
Storages
34.CETP
5.Coal washeries 13.Chlor-alkali 20.Petrochemical
Based Processing
27.Airports
manual
35.Common
Municipal Solid Waste
Management
6.Mineral
beneficiation
14.Soda Ash 21.Synthetic
Organic Chemicals
28.Ship Breaking
Yards
36.Building-
construction
7.Metallurgical
Industries
15.Skin hideee
processing n Tannery
22.Distilleries 29.Industrial
Estates
37.Townships and
Area Development

13. PROCEDURE TO OBTAIN ENVIRONMENTAL
CLEARANCE:
• 1. The proponent shall apply in the prescribed application
format i.e. Form- 1 (or Form 1 & 1A in case of construction
projects) along with relevant documents to the concerned
Authority(MoE&F, GOI in case of Category-A
projects OR SEIAA, TS incase of Category-B projects).
• 2. The proponents are invited to the meeting of the State
Level Expert Appraisal Committee (SEAC), an advisory
committee to the State level Environment Impact
Assessment Authority (SEIAA).
• The applications are subjected to screening and scoping.
The SEAC issues Terms of References (TORs) to the project
proponents based on the climatic conditions of the region,
surroundings of the site, manufacturing process, pollution
generated from the proposed project etc.

14. Con…
 3. The proponent has to prepare a draft (EIA) report based on the TORs
issued by the SEAC.
• The proponent approaches concerned State Pollution Control Board to
undergo the process of public consultation.
• The public hearing is conducted under the Chairmanship of District
Magistrate or his /her representative not below the rank of an additional
District Magistrate assisted by the representative of State PCB.
• A paper notification is issued in the local news papers both in Local and
English languages 30 days in advance indicating the date, time and venue
for the public hearing. The public hearing will be conducted on the date
specified in the paper notification.
• The minutes of the public hearing are prepared and sent along with the
representations received from the public to the concerned Authority i.e.
MoE&F, GOI for Category-A projects and SEIAA for Category-B projects.
 4. The proponent prepares the final EIA report incorporating the issues
arouses in the public hearing and submits to the concerned Authority i.e.
MoE&F, GOI for Category-A projects and SEIAA for Category-B projects.

15. Con..
 5. The concerned Authority appraises the final EIA report,
minutes of the public hearing and representations received
from the public and the reply /commitments of the
proponent on the issues arouse in the public hearing.
• A final decision is taken regarding issue of environmental
clearance, conditions to be stipulated in the EC.
Accordingly, environmental clearance is issued.
• If the Authority decides to reject the application of EC, the
decision will be communicated to the proponent along with
reasons for rejection.
 6. As per the provisions laid under EIA-2006 notification,
the maximum time required for the process of an
application for issue of Environmental Clearance is about 10
to 12 months. (i.e. for above mentioned 4 stages).

16. Con..
 7. GENERAL CONDITION (GC):
• Any project or activity specified in Category B will be treated as Category A, if
located in whole or in part within 10 km from the boundary of:
• (i) Protected Areas notified under the Wild Life (Protection) Act, 1972,
• (ii) Critically Polluted areas as notified by the Central Pollution Control Board from
time to time
• (iii) Notified Eco-sensitive areas
• (iv) inter-State boundaries and international boundaries.
 8. SPECIFIC CONDITION (SC):
• If any Industrial Estate/Complex / Export processing Zones /Special Economic
Zones/Biotech Parks / Leather Complex with homogeneous type of industries
such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre defined set
of activities (not necessarily homogeneous, obtains prior environmental
clearance, individual industries including proposed industrial housing within
such estates /complexes will not be required to take prior environmental
clearance, so long as the Terms and Conditions for the industrial estate/complex
are complied with (Such estates/complexes must have a clearly identified
management with the legal responsibility of ensuring adherence to the Terms and
Conditions of prior environmental clearance, who may be held responsible for
violation of the same throughout the life of the complex/estate).

17. 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

18. Decision-making
• The Chairperson reads the sense of the
Committee and finalizes the draft minutes of
the meeting, which are circulated by the
Secretary to all the expert members invited to
the meeting.
• Based on the response from the members, the
minutes are finalized and signed by the
Chairperson.

19. Approval / rejection / reconsideration
• The Authority shall consider the
recommendations of concerned Appraisal
Committee and convey its decision within
45 days of the receipt of
recommendations.
• If the Authority disagrees with the
recommendations of the Appraisal
Committee, then reasons shall be
communicated to concerned Appraisal
Committee and applicant within 45 days
from the receipt of the
recommendations. The Appraisal
Committee concerned shall consider the
observations of the Authority and furnish
its views on the observations within
further period of 60 days.
• The Authority shall take a decision with
in the next 30 days based on the views of
Appraisal Committee.
• For this purpose, the decision of the
Appraisal Committee will be public
document, once the period specified
above for taking the decision by the
Authority is over.
In case of Category B projects, application
shall be received by the MemberＦSecretary
of the SEIAA and clearance shall also be
issued by the same SEIAA.
Deliberate concealment and/or submission
of false or misleading information or data
which is material to screening or scoping or
appraisal or decision on the application shall
make the application liable for rejection, and
cancellation of prior environmental clearance
granted on that basis.
 Rejection of an application or cancellation
of a prior environmental clearance already
granted, on such ground, shall be decided by
the regulatory authority, after giving a
personal hearing to the applicant, and
following the principles of natural justice.

20. If approved
• The MoEF concerned /SEIAA will issue an environmental clearance for the project.
• The project proponent should make sure that the award of environmental clearance is
properly publicized in at least two local newspapers of the district or state where the
proposed project is located.
• For instance, the executive summary of the environmental clearance may be published
in the newspaper along with the information about the location (website/office where it
is displayed for public) where the detailed environmental clearance is made available.
The MoEF and the SEIAA/UTEIAA, as the case may be, shall also place the environmental
clearance in the public domain on Government Portal.
• Further copies of the environmental clearance shall be endorsed to the Heads of local
bodies, Panchayats and Municipal bodies in addition to the relevant offices of the
Government
• The environmental clearance will be valid from the start date to actual commencement
of the production of the developmental activity.
• Usual validity period will be 5 years from the date of issuing environmental clearance,
unless specified by EAC/SEAC.
• A prior environmental clearance issued to a project proponent can be transferred to
another legal person entitled to undertake the project, upon application by the
transferor to the concerned Authority or submission of no-objection of the transferor by
the transferee to the concerned Authority for the concurrence. In this case, EAC/SEAC
concurrence is not required, but approval from the concerned authority is
• required to avail the same project configurations, validity period transferred to the new
legally entitled person to undertake the project.

21. Post Clearance Monitoring Protocol
• The MoEF, Government of India will monitor and
take appropriate action under the EP Act, 1986.

22. Post Clearance Monitoring Protocol
• Category A projects, it shall be mandatory for the
project proponent to make public the
environmental clearance granted for their project
along with the environmental conditions &
safeguards at their cost by advertising it at least in
two local newspapers of the district or State where
the project is located and in addition, this shall also
be displayed in the project proponent’s website
permanently.
• Category B projects, irrespective of its clearance
by MoEF/SEIAA, the project proponent shall
prominently advertise in the newspapers details of
MoEF website where it is displayed.
• The MoEF and the SEIAAs/UTEIAAs, as the case
may be, shall also place the environmental
clearance in the public domain on Government
Portal.
• Copies of the environmental clearance shall be
submitted by the project proponents to the Heads
of the local bodies, Panchayats and Municipal
bodies in addition to the relevant offices of the
Government who in turn have to display the same
for 30 days from the date of receipt.
• The project proponent must
submit half-yearly compliance
reports prior environmental
clearance terms and conditions
in hard and soft copies to the
regulatory authority concerned,
on 1st June and 1st December of
each calendar year.
• The latest such compliance report
shall also be displayed on the
website of the concerned
regulatory authority.
• The SPCB shall incorporate EIA
clearance conditions into consent
conditions in respect of Category
A and Category B projects and in
parallel monitor and enforce the
same.

23. Stage 1: Screening
• Only for Category B projects and activities to determine if they need EIA
• Category A projects compulsorily need EIA
• Scrutiny of an application seeking EC by SEAC for determining whether or not the
project or activity requires further environmental studies
– Form 1
– Form 1A
• Classify projects as B1 (require EIA) and B2 (don’t require EIA)
• For categorization of projects into B1 or B2, the MoEF shall issue appropriate
guidelines from time to time

24. Stage 2: Scoping
• Who does the scoping?
– Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or activities
– State level Expert Appraisal Committee (SEAC) in the case of Category ‘B1’ projects
• Determine comprehensive Terms Of Reference (TOR) addressing all relevant environmental
concerns for preparation of an Environment Impact Assessment (EIA) Report based on
– on the basis of the information furnished by applicant in the prescribed application
Form1/Form 1A including
– proposed by the applicant
– a site visit by a sub- group of EAC or SEAC only if considered necessary
• In the case of Category A Hydroelectric projects TOR shall be conveyed along with the
clearance for pre-construction activities
• If TOR not finalized and conveyed to the applicant within sixty days of the receipt of Form
1, TOR suggested by the applicant shall be deemed as the final TOR approved for the EIA
studies
• Approved TOR shall be displayed on the website of the MoEF or the concerned SEIAA
• Applications for EC may be rejected at this stage itself
– the decision together with reasons for the same shall be communicated to the
applicant

25. Stage 3: Public consultation
• Process by which the concerns of local affected
persons and others who have plausible stake in the
environmental impacts of the project or activity are
ascertained
• All Category ‘A’ and Category B1 projects or activities
shall undertake Public Consultation.

26. • Public hearing shall be conducted by
the State Pollution Control Board
(SPCB)
– forward proceedings to the regulatory
authority concerned within 45 days
– If not appoint another independent
organization to do the same within
another 45 days
• If the public agency nominated reports
that it is not possible to conduct the
public hearing in a manner which will
enable the views of the concerned
local persons to be freely expressed
– It shall report the facts in detail to the
concerned regulatory authority
– After due consideration of the report
shall rule that the public consultation in
the case need not include the public
hearing
Component 1: Public hearing Component 2: Responses from other
concerned persons
• Invite responses from such concerned
persons by placing on their website the
Summary EIA report
• Use media for ensuring wide publicity about
the project
• Within seven days of the receipt of a written
request for arranging the public hearing
• Confidential information including non-
disclosable or legally privileged information
involving Intellectual Property Right shall not
be placed on the website
• Make available on written request from any
concerned person the Draft EIA report for
inspection at a notified place during normal
office hours till the date of the public hearing
• All the responses received as part of this
public consultation process shall be
forwarded to the applicant through the
quickest available means
Stage 3: Public consultation(PC)
PC -shall ordinarily have two components

27. • Public Consultation shall ordinarily have two components
– public hearing at the site or in its close proximity-
district wise, to be carried out in the manner prescribed
in Appendix IV, for ascertaining concerns of local
affected persons
– obtain responses in writing from other concerned
persons having a plausible stake in the environmental
aspects of the project
Stage 3: Public consultation
After public consultation…
• Applicant shall address all environmental concerns
expressed during this process
• Make appropriate changes in the draft EIA
• Final EIA report shall be submitted by the applicant to the

28. Stage 4: Appraisal
• Detailed scrutiny by the EAC or SEAC of
– documents like the Final EIA report
– outcome of the public consultations including public hearing
proceedings
– submitted by the applicant to the regulatory authority
concerned for grant of environmental clearance
• Appraisal of all projects or activities which are not required to undergo public consultation,
or submit an Environment Impact Assessment report (Category B2) shall be carried out on
the basis
• prescribed application Form 1
• Form 1A
• any other relevant information
• EAC or SEAC shall
– shall recommend to the regulatory authority concerned
• either for grant of prior environmental clearance on stipulated terms and conditions
• or rejection of the application for prior environmental clearance, together with reasons for the same.
• Prescribed procedure for appraisal is given in Appendix V

29. Grant or Rejection of EC
• The regulatory authority shall consider the recommendations of the EAC or
SEAC concerned and convey its decision to the applicant
• The regulatory authority shall normally accept the recommendations of the
Expert Committees
• In cases where it disagrees with the recommendations of the Expert
Committee (Central or State), the regulatory authority shall request
reconsideration by the Central or State Expert Appraisal Committee
• After reconsideration, irrespective of views of Expert Committee, decision of
the regulatory authority concerned shall be final

30. • If decision not granted within stipulated time, the applicant may proceed as if
the environment clearance sought for has been granted or denied by the
regulatory authority in terms of the final recommendations of the Expert
Committee concerned
• Deliberate concealment and/or submission of false or misleading information
or data which is material to screening or scoping or appraisal or decision on
the application shall make the application liable for rejection
• Rejection of an application or cancellation of a prior environmental clearance
already granted shall be decided by the regulatory authority, after giving a
personal hearing to the applicant, and following the principles of natural
justice
Grant or Rejection of EC

31. Validity of Environmental Clearance
• Ten years in the case of River Valley projects
• Thirty years for mining projects
• Five years in the case of all other projects and
activities
• Area Development projects and Townships, the
validity period shall be limited only to such
activities as may be the responsibility of the
applicant as a developer

32. Post Environmental Clearance Monitoring
• Mandatory for the project management to
submit half-yearly compliance reports in
respect of the stipulated prior environmental
clearance terms

33. Loopholes and deficiencies
• Stage 1 - Screening
– Based on info (form 1, 1A) supplied by investor
– Pre-feasibility report and conceptual plan - no guidelines or
requirements, thereby no need to address environmental
issues
• Stage 2 - Scoping
– No public participation in scoping process - local knowledge
about what environmental concerns should be investigated is
not given consideration
– Strict timeline – not a continuous process
– Biased in securing favorable Terms of Reference (TOR) for
investors
– Access to TOR limited

34. • Stage 3 – Public consultation
– Unclear wording and definitions
• Can be avoided if regulatory agency
feels it difficult to conduct it owing
to local situation
• local affected persons having
plausible stake in impact of project
• Public consultation shall ordinarily
have two components
• Other concerned persons having
plausible stake shall submit
responses only in writing
• Hearing shall be conducted at the
site or in its close proximity
– No quorum required for holding public
consultation
– Huge list of exemptions for certain types
of projects that cause deep
environmental impact without
justification
• Weak wording that widens the
scope of these exemptions
– Tight timeline: 45 days from the time
requested by the investor
Cont… – Limiting access to information
• Only summary EIA report made
available, not the full EIA with
all TOR from the scoping
process
• Confidential information need
not be disclosed in summary EIA
– Publicity
• Use of internet as the main
means
• No definition on how publicity
should be carried out
– Erosion of constitution of panel
conducting public hearing
• EIA 2006 mentions only District
Magistrate and a representative
of SPCB
• EIA 1994 had District Collector,
representatives of state dealing
with the project, reps from
panchayats, senior citizens from
the area, reps of SPCB

35. • Stage4. Appraisal
– No public participation
– Arguments between regulatory authority and expert
committee made known only to investor and not to
public
– Iron hand given to regulatory authority to make final
decision – Expert committee opinion can be
disregarded
– Deemed Clearance: Incase decision is not given within
the prescribed timelines, applicant may proceed as
though clearance has been granted or denied
Cont…

36. Recent MO; Expert Appraisal Committees to meet twice a
month to fast track environmental clearance
• Experts slam government move, stating it
would short-change the importance of
appraisal and detailed scrutiny in the
environment clearance process.
• All Expert Appraisal Committees (EAC) for
granting Environmental Clearances (ECs)
under the Environment Impact Assessment
(EIA) notification, 2006, have to meet twice
every month now, to fast-track the process
of granting approvals.
• The decision was taken by the Union
Ministry of Environment, Forest and Climate
Change (MoEF&CC) on November 18,
through an Office Memorandum (OM) sent
to all EACs, State Environment Impact
Assessment Authorities and State Expert
Appraisal Committees.
“All EAC meetings shall be held at least twice a
month to cut down the period of EC approval.
There shall not be a gap of more than 15 days
between two EAC meetings,” the OM said.
The OM was a result of the review of the EC
process by the ministry.
“During the review meetings held for
streamlining the EC process, it has come to
notice that the grant of EC is delayed due to
various reasons that could be avoided,” the OM
added.
This deadline was 15 days earlier. Projects that
submit the information sought by the EAC even
two days before the meetings will have to be
appraised.
The OM also said that projects whose
proponents were absent in the meetings would
be considered in absentia by the EAC, with a
clarification sought from the proponent or the
consultant for the absence.