Env Law dissertation

EIA LAW AND PRACTICE
TOWARDS
SUSTAINABLE DEVELOPMENT
Dissertation
PGDMEL
Submitted by
Ms. Lucille Andrade
Reg. No. EL/1369/11
May 2013
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Nagarbhavi, Bangalore 560 072

ii | Dissertation – EL/1369/11
Acknowledgements
I take this opportunity to express my sincere gratitude to Dr. Prasad Modak, Executive
President, Environmental Management Centre (EMC) and Mr. Rahul Datar, Vice
President, EMC for encouraging me to pursue this course on Environmental Law and
accommodating with my absence from work to complete requirements of the course.
At the outset, I thank Dr. Prasad Modak for guiding me in conceptualizing the
dissertation outcome.
A big thank you to my family members for encouraging and supporting me throughout
the duration of the course.
I also thank NLSIU Distance Education Department administration especially Susheela,
Facilitator for patiently replying to all queries; and Arpitha, Assistant Coordinator for
coordinating the dissertation process.

iii | Dissertation – EL/1369/11
Table of Contents
Acknowledgements ............................................................................................................. ii
Table of Contents ............................................................................................................... iii
List of Figures....................................................................................................................... v
List of Tables........................................................................................................................ v
Table of Statutes................................................................................................................. vi
Table of Clearances ........................................................................................................... vii
Abbreviations ...................................................................................................................... x
Executive Summary .............................................................................................................1
Chapter 1: Introduction...................................................................................... 7
1.1 Background.......................................................................................................7
1.2 Need for the Research......................................................................................8
1.3 Research Question ...........................................................................................9
1.4 Aim and Objectives...........................................................................................9
1.5 Scope and Limitations ......................................................................................9
1.6 Research Methodology ..................................................................................10
Chapter 2: Review of EIA Law and Implementation in India............................... 12
2.1 Evolution of EIA in India .................................................................................12
2.2 Environmental Clearance Process in India .....................................................13
2.3 Correlation with Other Regulations ...............................................................16
2.4 Initiatives for Improvement of EIA Practice ...................................................20
Chapter 3: Analysis of EIA with Sustainable Development Indicators................. 26
3.1 Identifying Sustainable Development Indicators...........................................26
3.2 Analysis of EIA Practice with Sustainable Development Indicators...............28

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3.3 Challenges posed in the EIA system...............................................................32
Chapter 4: Review of Good Practices in EIA Law Internationally ........................ 34
4.1 Environmental Assessment Good Practices in Canada..................................34
4.2 Environmental Assessment Good Practices in United States of America......36
4.3 Good Practices in Philippine Environmental Impact Statement (EIS) System38
Chapter 5: Recommendations for Strengthening EIA System in India................. 40
5.1 Key Areas of Strengthening............................................................................40
5.2 Recommendations for Climate Proofing in EIA..............................................40
5.3 Recommendations for Assessment of Cumulative Impacts in EIA.................41
Bibliography.......................................................................................................................43

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List of Figures
Figure 1: Environmental Clearance Process......................................................................16
Figure 2: Process of obtaining Clearances for Projects requiring Environmental and CRZ/
Forest Clearance................................................................................................................17
Figure 2: Forest Clearance Process....................................................................................18
Figure 4: CRZ Clearance Process........................................................................................20
List of Tables
Table 1: Analysis of Environmental Clearance granted to Projects at the Central Level..29

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Table of Statutes
1. Environmental Impact Assessment Notification, 2006
2. Coastal Regulation Zone Notification, 2011
3. Forest Conservation Act, 1980
4. Forest Conservation Rules, 2004
5. National Resettlement and Rehabilitation Policy, 2007
6. Draft Land Acquisition, Resettlement and Rehabilitation Bill, 2011

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Table of Clearances
Reference No. Date
Project
Proponent
Type of Project/ activity
1 & 2: Mining, extraction of natural resources & power generation Primary processing
and Primary Processing
J-11015/134/2007-
IA II(M)
31-10-2007 M/s Mahanadi
Coalfields Ltd.
Expansion in production &
lease area, Kaniha Opencast
project, Angul, Orissa
J-11015/308/2008-
IA II(M)
03-05-2012 M/s Western
Coalfields Ltd.
Expansion in production &
lease area, Dhorwasa
Opencast project, Chandrapur,
Maharashtra
J-11015/106/2008-
IA II(M)
23-03-2010 M/s Sova Ispat
Ltd.
Ardhagram coal mining
project, Raniganj coalfields,
West Bengal
11-16/2008-IA-III 16-06-2008 M/s Reliance
Energy
4000 MW power plant and
captive jetty & ro-ro berth,
Shahpur, Maharashtra
J-11015/1131/2007-
IA II(M)
07-08-2009 Shri Vinay G.
Mehta
Manganese and iron ore mine
in South Goa
J-11015/150/2008-
IA II(M)
10-12-2009 M/s Madras
Cements Ltd.
Budhwada limestone mine,
Krishna District, Andhra
Pradesh
J-11015/17/2009-IA
II(M)
29-06-2011 M/s Grasim
Industries Ltd.
Expansion of captive Pawan-
Jhipan limestone mine, Raipur,
Chhattisgarh
3: Materials Production
J-11011/414/2009-
IA-II (I)
22-06-2011 M/s Kay EII Dee
Metaliks Pvt.
Limited
Steel Ingots and TMT bars,
District Fatehgarh Sahib in
Punjab
J-11011/685/2007-
IA II (I)
05-11-2008 M/s Jaiprakash
Associates Ltd.
Cement Grinding Unit,
Haridwar, Uttarakhand
J-11011/460/2009-
IA II (I)
18-03-2011 M/s Shri
Raghavendra
Steels & Power
(Pvt.) Limited
Sponge Iron, Ingot / Billets,
Rolling Mill, Bellary ,
Karnataka
J-11011/287/2010-
IA-II (I)
31-10-2011 M/s ECO Cement
Limited
Cement Grinding Unit,
Bhabua, Bihar

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Reference No. Date
Project
Proponent
J-11011/494/2007-
IA II (I)
13-07-2009 M/s MSP
Metallics Ltd.
Expansion of Integrated Steel
Plant; Pig Iron, Pellet Plant;
Steel Melting Shop; Captive
Power Plant, Coal Washery
and Coke Oven Battery,
Jharsuguda, Orissa
4: Materials Processing
J-11011/696/2009-
IA II (I)
22-12-2010 M/s Nibhi
Industries (P)
Limited
Asbestos Cement Sheets
manufacturing unit,
Thiruvannamalai, Tamil Nadu
J-11011/949/2008-
IA II (I)
17-03-2009 M/s Ramco
Industries
Limited
Asbestos Cement Sheet
Manufacturing Facility,
Tirunelveli, Tamil Nadu
J-11011/267/2010-
IA-II (I)
13-05-2011 M/s A
Infrastructure
Limited
Asbestos Cement pipes and
sheets manufacturing Unit,
Madhubani in Bihar
J-11011/474/2007-
IA II (I)
22-03-2013 M/s Chennai
Petroleum
Corporation
Limited
Resid Upgradation Project by
adding Delay Coker Unit,
OHCU Revamp Unit, Sulfur
Recovery Unit, Sour Water
Stripper, Amine Regeneration
Unit and LPG-CFC Treating
Unit, Manali Refinery
Complex, District Thiruvallur,
Tamil Nadu
5: Manufacturing /Fabrication
J-11011/30/2010-IA
II(I)
02-04-2012 M/s Indo Phyto
Chemical Pvt. Ltd.
Expansion of bulk drug unit,
Shakhanpur, Uttarakhand
J-11011/12/2009-IA-
II(I)
24-11-2009 M/s Suman
Phosphate &
Chemicals
Limited
Chemical fertilizer unit,
Barwani, Madhya Pradesh
J-11011/988/2008-
IA II (I)
14-09-2011 M/s Parabolic
Drugs Ltd.
Bulk Drug manufacturing
Plant, Mohali, Punjab
J-11011/353/2009 -
IA II (I)
28-02-2011 M/s Modern
Insecticides
Limited
Expansion of Pesticides
Manufacturing Unit, Ludhiana,
Punjab
J-11011/375/2010-
IA II (I)
20-03-2012 M/s NSL Sugar
Ltd (Unit-II)
(Lessee of SSKN)
Expansion of Sugar Plant,
Gulbarga, Karnataka
6: Service Sectors

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Reference No. Date
Project
Proponent
11-76/2011-IA.III 26-07-2012 M/s Indian Oil
Petronas Pvt. Ltd
Pipeline from Ennore Port to
LPG Import Terminal, Tamil
Nadu
11-107/2009-IA-III 11-05-2010 M/s. Indian Oil
Corporation
Limited
cross country underground
pipeline from KPSL Viramgam
to Kandla, Gujarat
11-14/2010-IA-III 18-05-2010 M/s. Udupi
Power
Corporation Ltd.
Pipeline corridor at Yellur,
Udupi District, Karnataka
11-94/2012-IA.III 09-04-2013 M/s. SEPC Power
Pvt. Ltd.,
Pipelines passing across the
Korampallam Canal,
Thoothukudi District, Tamil
Nadu
7: Physical Infrastructure
21-383/2007-IA-III 03-04-2008 Mangalore SEZ
Ltd.
SEZ at Mangalore, Karnataka
21-281/2008-IA.III 10-07-2009 M/s MAS Fabric
Park Pvt. Ltd.
Textile and Apparel Park ,
Nellore, Andhra Pradesh
10-23/2009-IA.III 17-07-2009 M/s Airport
Authority of India
Terminal building at Jolly
Grant airport, Dehradun,
Uttarakhand
10-72/2007-IA-III 04-07-2008 M/s Gujarat Eco-
Textile Park Ltd.
CETP for Eco-textile Park,
Surat, Gujarat
10-10/2009-IA.III 02-06-2009 M/s Orissa Waste
Management
Project
Common Hazardous Waste
TSDF, Jajpur, Orissa

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Abbreviations
CRZ Coastal Regulation Zone
CZMA Coastal Zone Management Authority
EAC Expert Appraisal Committee
EIA Environmental Impact Assessment
EIS Environmental Impact Statement
EMP Environmental Management Plan
GIS Geographical Information System
HTL High Tide Line
MoEF Ministry of Environment and Forests
NABET National Accreditation Board for Education and Training
SEAC State Expert Appraisal Committee
SEIAA State Environmental Impact Assessment Authority

xi | Dissertation – EL/1369/11

1 | Dissertation – EL/1369/11
Executive Summary
Introduction
The Environmental Impact Assessment (EIA) law in India has been implemented for
almost two decades and has undergone a number of amendments along the way.
The latest and significant modification was effected in 2006 that superseded the EIA
Notification of 1994.
In the wake of large scale industrial and infrastructure development in the country, it
is important to assess whether EIA is only a procedural administrative requirement
or serves as a tool for sustainable development through law and practice.
The objectives of the Research are to assess EIA law and practice in India with indicators
of sustainable development; and identify additional measures moving towards
sustainable development.
Review of EIA Law and Implementation in India
The evolution of EIA law in India, its first notification in 1994 and the amendment
subsequently made to improve the system have been described.
The process of obtaining environmental clearance through categorization, screening,
scoping, public consultation and appraisal has been described. The correlation of EIA
with other regulations like forest clearance and coastal regulation zone clearance has
also been elaborated.
The various measures undertaken by the ministry of environment and Forests for
improvement of the EIA system in India have been briefly described. These include:
a) Accreditation of EIA Consultants
b) Preparation of EIA Manuals
c) Corporate Environment Policy
d) Transparency
e) Assessment of Cumulative Impacts – Ongoing Efforts

Analysis of EIA with Sustainable Development Indicators
Sustainable Development Indicators. The approach for sustainability assessment
recommended by Richard Gibson has been referred, to identify indicators for reviewing
where Indian EIA law and practice currently stands in terms of promoting sustainable
development.
The eight criteria recommended by Gibson have been used to further develop indicators
for reviewing the terms of reference and environmental clearances. The indicators used
for review are as follows:
1. Identification of significant impacts on various environmental media (flora,
fauna, air, water, land, socio-economic)
2. Social impact assessment
3. Livelihood restoration plans where project causes involuntary resettlement and
community development programs
4. Resource maintenance and efficiency – energy, waste
5. Public consultation and transparency
6. Labour welfare
7. Preventive measures adopted
8. Assessment of cumulative impacts
9. Climate change adaptation
Review of Environmental Clearances. The livelihood restoration in all project clearances
analyzed, refer to activities carried out by project proponents under Corporate Social
Responsibility. While social impact assessment is conducted only for projects causing
involuntary resettlement due to land acquisition.
The preventive measures undertaken in the mining sector include observing ground
water quantity and quality and stopping work if impact on these is noted; creating buffer
zones around streams and vegetation of native species; and taking measures to prevent
soil erosion. In one project, the proponent was asked to conduct controlled blasting due
to the presence of scheduled fauna. The preventive measures for most industrial sectors
include ‘zero discharge’, recycling of treated effluent and reusing waste generated in the
manufacturing process especially for industries like cement and asbestos.

The reuse of waste also contributes towards resource efficiency. Most industries have
been stipulated to adopt waste minimization techniques.
The environmental clearances granted to Special Economic Zones stipulate conditions on
use of thermal insulated roofing and opaque walls as per the Energy Conservation and
Building Code of India. It also mentions the use of compact fluorescent lamps in the
buildings which consume lesser energy as compared to other conventional lights.
The conditions of displaying the environmental clearance granted to the project on the
website as well as advertising the same in two local news papers is generally stipulated
for all projects whether industrial or infrastructure.
Barring the mining sector, overall review of the clearances shows that cumulative
impacts are not addressed in EIA and also climate change impacts, mitigation and
adaptation are not incorporated in the process.
Review of Terms of Reference. The terms of reference incorporates study of socio-
economic impacts of the project besides involuntary resettlement such as impacts on
livelihood status, impact on cropping patter and productivity within a particular buffer
area, fuel savings, impact on common resources and heritage areas.
The mitigation measures broadly mentioned in the terms of reference include
prevention as well as mitigation measures.
The study of resources that may be cumulatively impacted by a number of similar
projects in the region is not included. The accounting of GHG emissions contribution and
also identification of climate change impacts is not incorporated in the terms of
reference.
Review of Good Practices in EIA Law Internationally
The good practices from the Canadian, American and Philippine EIA system have been
reviewed.
Climate Change Assessment in Canadian EIA. The consideration of climate change in
environmental assessment has two parts:

1. Evaluation of the contribution of a proposed project to greenhouse gas emissions
(GHG) that have been identified as the primary cause for global climate change
a) Preliminary Scoping for GHG Considerations
b) Identify GHG Considerations
c) Assess GHG Considerations
d) GHG Management Plans
e) Monitoring, Follow-Up and Adaptive Management
2. Identification of where climate change may impact a proposed project
a) Preliminary Scope for Impacts Considerations
b) Identify Impacts Considerations
c) Assess Impacts Considerations
d) Impacts Management Plans
e) Monitoring, Follow-Up and Adaptive Management
American Cumulative Impact Assessment. The process for conducting assessment of
cumulative impacts includes the following steps:
1. Identification of Resources which are cumulatively affected
2. Geographical and temporal boundary
3. Past, Present, and Reasonably Foreseeable Future Actions
4. Describing the Condition of the Environment
5. Using Thresholds to Assess Resource Degradation
Philippine Environmental Impact Statement (EIS) System. The EIS system requires
projects that are categorized as ‘Environmentally Critical Projects’ and projects located
in ‘Environmentally Critical Areas’ to obtain an Environmental Compliance Certificate
from the Department of Environment and Natural Resources (DENR).
Among the areas declared as environmentally critical, areas frequently visited and/or
hard-hit by natural calamities such as typhoons, tsunamis, earthquakes, storm surge-
prone areas, flood-prone areas, locations prone to volcanic activities, locations along
fault lines or within fault zones and drought-prone areas are also included. It also
provides sources for obtaining the information and situation under which the natural
calamity should be taken into account.

Recommendations for Strengthening EIA System in India
Climate Proofing in EIA. The sectors that majorly contribute to GHG emissions could be
identified and GHG accounting and mitigation measures for reduction of emissions for
these sectors could be incorporated in the terms of reference for EIA.
The locations that are vulnerable to climate change impacts such as sea level rise, storm
surges, flooding, tsunamis, typhoons, land subsidence, drought, beach erosion and sea
water ingress could be marked to a greater detail with attributes on historic events than
is provided in the Vulnerability Atlas of India1
.
A correlation matrix could be drawn between different sectors and their project
components versus climate change impacts. For projects that are located in climate
change vulnerable areas and include components that are susceptible to the impacts,
further investigation could be conducted and suitable mitigation & adaptation strategies
could be devised. For example ports/ jetties located in areas prone to flooding or storm
surges or sea level rise.
Vulnerable areas which could be further degraded due to location of certain type of
projects should be identified and disallowed for development. For example location of
water intensive industries like sugar, pulp and paper near water courses prone to
droughts.
Assessment of Cumulative Impacts in EIA. Assessment of cumulative impacts would
require all environmental sensitive features, geographical features, administrative data,
environmental quality data and development project details to be available on one map
on which further analysis could be carried out. Such a database could be developed
using Geographical Information System (GIS). A separate GIS Cell could be created for
the purpose such as a ‘National Environmental Data Centre’.
The MoEF could access information on industrial and infrastructure projects from the
State Government, SEIAA and State Pollution Control Boards. The data regarding
environmentally sensitive areas like national parks, wildlife sanctuaries, biosphere
1
The Vulnerability Atlas of India prepared by the Building Materials and Technology Promotion
Council provides State-wise maps for natural hazards such as wind & cyclone, earthquake & fault lines
and floods which have a potential to damage housing stock and related infrastructure.

reserves, critically polluted areas and eco-sensitive zones; and their status would be
available with MoEF.
The project proponents could be provided with a standard format by the State Pollution
Control Boards for submitting data on ambient environmental quality for baseline
studies in EIA and periodic monitoring during construction and operation as well as stack
emissions or treated effluent quality. The GIS based database could be updated on a
quarterly basis for environmental quality data attached as attributes to respective
locations thus replacing the older data.
The database could be developed by MoEF and made available to the project proponent
for a fee. The responsibility of maintenance of the database in terms of updates on
information, hardware and software would lie with MoEF. The project proponent would
require submitting latitude and longitude of the proposed project location or alignment
of the linear project to MoEF or any of their Regional Offices. An analysis around a buffer
defined by MoEF for different sectors could be conducted by the GIS Cell which enables
extraction of data. This data would be provided to the project proponent which could
further be used by their environmental experts for predicting the cumulative impacts
and accordingly building in measures to manage the same.

Chapter 1:Introduction
1.1 Background
The concept of Environmental Impact Assessment (EIA) originated under the National
Environmental Policy Act (NEPA, 1969) of the United States of America requiring
environmental consideration in large-scale projects.
Today, EIA is one of the most accepted decision-making tools for project appraisal across
the world. It enables project decision-makers take environmental issues into
consideration at an early stage of project conception and design. EIA is defined as the
process of identifying, predicting, evaluating, and mitigating the biophysical, social, and
other relevant effects of proposed projects and physical activities prior to major
decisions and commitments being made2
(Sadler Barry 1996).
Supporting the concerns presented by the Brundtland Commission (1987), EIA has been
considered as a central management tool for achieving sustainable development. The
report defines sustainable development as "development, which meets the needs of the
present generation without compromising the ability of future generations to fulfill their
needs."
The process of EIA serves long term and short term goals. The short term goals include
optimizing use of natural resource; identifying appropriate measures for mitigating the
potential negative impacts; and facilitating informed decision making and opportunity
for transparency and participation in the decision process. The long term goals include
safeguarding ecological processes and heritage areas; avoiding irreversible impacts;
protecting human health & community well being; and addressing concerns related to
displacement and disruption of traditional lifestyles. Through these, EIA expresses the
ideals of sustainable development. The scope of assessment has expanded over time
and been responsive to emergent global environmental concerns.
2
Definition sourced from Sadler Barry, ENVIRONMENTAL ASSESSMENT IN A CHANGING WORLD:
Evaluating Practice to Improve Performance (1996) pg. 13, Minister of Supply and Services Canada

Worldwide, the process of EIA is executed through law and in India, the EIA
Notification, 2006 is the implementing regulation. The appraisal process also
establishes linkages with other statutes/ regulations like Forest Conservation Act,
1980 and Coastal Regulation Zone Notification, 2011.
EIA plays a major role in regulating development in India and evaluating the impacts
of projects and activities on various components of the environment and society.
1.2 Need for the Research
India has experienced rapid industrial growth since the enactment of the economic
liberalization policies in 1991. In the period 1987- 2007 there has been a growth of
42.67% in industrial units and a rise in the production capacity and output within
individual manufacturing facilities. India has seen a consistent 8% compounded
annual growth rate of the Index of Industrial Production during the period of the
10th Five Year Plan, 2002 – 2007. This growth has carried forward into the 12th Five
Year Plan despite a reduction in 2008-09 owing to the global financial crisis.3 India
has identified investment in infrastructure sector as the mode of maintaining and
managing the high growth rate (De Prabir, 2008).
The EIA law in India has been implemented for almost two decades and has
undergone a number of amendments along the way. The latest and significant
modification was effected in 2006 that superseded the EIA Notification of 1994.
In the wake of large scale industrial and infrastructure development in the country, it
is important to assess whether EIA is only a procedural administrative requirement
or serves as a tool for sustainable development through law and practice.
Does the EIA process in India reflect the ideals of sustainable development? What
are the steps taken by the regulatory authority in that direction and what is
additionally required? Which are the practices that can be adopted from other
developed and developing nations? The EIA system in India has matured to a level
wherein its effectiveness as a sustainability tool can be assessed.
3
Shri Jaamshyd Godrej and Shri Naushad Forbes, Report of the Working Group on “Effectively
Integrating Industrial Growth and Environment Sustainability”, Twelfth Five Year Plan (2012-2017), Pg
2, Planning Commission, Government of India

1.3 Research Question
How should EIA law and practice be used as a tool for sustainable development?
1.4 Aim and Objectives
Aim:
To develop a mechanism for using EIA through law and practice as a tool for sustainable
development.
Objectives:
1. To assess EIA law and practice in India with indicators of sustainable development.
2. To identify additional measures to make EIA law and practice a tool for sustainable
development.
1.5 Scope and Limitations
Scope:
a) Review of EIA Notification 2006 and its previous amendments.
b) Review of regulations linked with EIA like Forest Conservation Act, 1980 and Coastal
regulation Zone Notification, 2011.
c) Review of EIA law in other developed and developing nations.
d) Develop indicators of sustainable development for assessment of EIA law and
practice in India.
e) Identify gaps in EIA law and practice in India towards becoming a tool for sustainable
development.
f) Develop a mechanism for use of EIA through law and practice as a tool for
Limitations:
1. The dissertation focuses on project level environmental impact assessment
2. The EIA law after the amendment of 2006 will be reviewed.

3. The EIA practices adopted by the regulatory authority between September 2006 and
December 2012 will be reviewed.
4. The environmental clearances and terms of reference issued by MoEF only will be
reviewed due to ease of access.
5. This dissertation does not comment on implementation of environmental
management plan on ground or on the institutional capacity at Centre and State.
1.6 Research Methodology
Objectives Approach Output
1. To assess EIA
law and practice
in India with
indicators of
sustainable
development.
a) Review EIA Notification, 2006
and other linked regulations like
Forest Conservation Act, 1980 and
Coastal regulation Zone
Notification, 2011.
b) Review different mechanisms
implemented for improvement
of EIA practice in India.
c) Review Environmental Clearance
Conditions of large infrastructure
and industrial projects approved
at Central level, composition of
the committees.
d) Review of terms of reference for
conduct of EIA for projects and
activities.
e) Review requirements of EIA for
Identification of good
practices and gaps in EIA
law and practice as a
tool for sustainable
development.
2. To identify
a) Review of EIA law in select
developed and developing nations
Develop mechanisms for
the Indian context to

Objectives Approach Output
additional
measures to
make EIA law
and practice a
tool for
sustainable
development.
to identify good practices.
b) Identify challenges faced in India
to use EIA as a tool for sustainable
development.
elevate EIA through law
and practice as a tool
for sustainable
development.

Chapter 2:Review of EIA Law and Implementation in India
2.1 Evolution of EIA in India
Environmental issues took the centre-stage in India after participation in the Stockholm
Conference in 1972. The National Committee on Environmental Planning and
Coordination (NCEPC) was constituted, under the Department of Science and
Technology (DST). The Planning Commission directed the NCEPC to examine major
projects including river valley projects which required the approval of the Public
Investment Board from an environmental perspective. Thus environmental impact
assessment (EIA) was an administrative requirement and lacked legislative support.
In January 1994, the Ministry of Environment and Forests published the Environmental
Impact Assessment Notification in the Gazette of India, under section 3 of the
Environmental Protection Act, 1986. The projects/ activities listed in Schedule I of the
Notification required mandatory prior Environmental Clearance for expansion or
modernization of any activity or for setting up new projects. There have been a number
of amendments to the notification after 1994.
Some of the significant amendments are given below:
1. The process of public hearing was introduced in the environmental clearance
process in April 1997 to obtain views and concerns of the affected community
and interested parties for the proposed project/ activity.
2. The year 2003 saw a number of amendments to the Notification which further
strengthened the process. The amendment of February, 2003 took into
consideration location-sensitivity and prohibited certain processes and
operations in specified areas of the Aravalli Range.
3. In May 2003 the notification was amended to expand the list of activities
involving risk or hazard like river valley projects including hydel power projects,
major irrigation projects and flood control projects.

4. In August 2003, the location sensitivity aspect was further emphasized. Any
project located in a critically polluted area; within a radius of 15 kilometers of
the boundary of reserved forests, ecologically sensitive areas, including national
parks, wildlife sanctuaries, biosphere reserves; and any State/ International
boundary, had to obtain environmental clearance from the Central Government.
5. Site clearance was made mandatory for green field airport, petrochemical
complexes and refineries by the amendment in September 2003.
6. The amendment in July 2004 made EIA mandatory for construction projects and
industrial estates.
The environmental clearance process was significantly modified to further strengthen
the system by introducing the EIA Notification of 2006 which superseded the 1994
Notification. Some key modifications are listed below:
2.2 Environmental Clearance Process in India
The process for obtaining environmental clearance by the project proponent is outlined
in The EIA Notification 2006. Refer Figure 1 which summarizes the entire process.
The proponent of a project or activity is required to obtain a prior environmental
clearance in accordance to the EIA Notification, 2006. Inorder to obtain the
environmental clearance, an EIA has to be conducted for all new projects / activities,
expansion or modernization of existing projects / activities and for any change in the
product-mix in an existing manufacturing unit; which cross the threshold limits specified
in the Schedule of the Notification. The environmental clearance is granted by the
Ministry of Environment and Forests (MoEF) or the State Environment Impact
Assessment Authority (SEIAA) based on categorization of the project/ activity.
A project/ activity is categorized as Category A or Category B by the Schedule of the
Notification based on spatial extent of potential impacts and impacts on human health
and natural resources using parameters like area, size, capacity and nature of project.
Category A projects receive clearance from MoEF while Category B projects receive
clearance from SEIAA. In addition to the Schedule, the general conditions are applied to
projects/activities to determine categorization.

The general conditions state that any project /activity categorized as Category B by the
Schedule will be elevated to Category A if located whole or part within 10 km of the
boundary of: (i) Protected Areas under Wildlife Protection Action, 1972; (ii) Critically
Polluted Areas as identified by Central Pollution control Board (CPCB); (iii) Notified
Ecosensitive Areas, notified under Section 3 of Environment Protection Act, 1986; and
(iv) interstate and international boundaries.
After categorization as per the Schedule, the project proponent is required to apply for
prior environmental clearance to MoEF or SEIAA for Category A and B projects
respectively along with a project pre-feasibility report and Form I as given in Appendix I
of the notification. For building construction and township projects, Form I-A given in
Appendix II of the Notification has to be additionally submitted.
The Category B projects or activities are further categorized as Category B1 or B2
through a screening process conducted by the State Expert Appraisal Committees.
Category B1 projects would need to conduct an EIA while Category B2 projects are
appraised based on Form I and Form I-A for building construction projects.
For Category A and B1 projects the project proponents would have to propose a Terms
of Reference to the Expert Appraisal Committee at the Central and State level
respectively. The Committee finalizes the terms based on the submissions and a site visit
is conducted by a sub-group of the Committee, if required. This stage is called Scoping in
the Notification.
After receiving the approved terms of reference from the Expert Appraisal Committee,
the project proponent is required to conduct an EIA accordingly. The draft EIA including
the Environmental Management Plan (EMP) have to be presented to the public for
consultation. The process involves taking into account all material concerns of local
affected persons and those who may have a stake in the environmental impacts of the
project or activity. All Category A and B1 projects have to undertake public consultation
except a few projects listed in the Notification. Public consultation comprises of two
components – public hearing and obtaining written responses from concerned persons.
The project proponent is required to make an application to the concerned State
Pollution Control Board for organizing the public hearing. The proceedings of the public
hearing are required to be video recorded and minutes have to be written. The draft EIA

and EMP have to be finalized and accordingly modified by addressing all material
concerns expressed during the public consultation.
The final EIA and EMP along with outcome of the public consultation have to be
submitted to MoEF/ SEIAA as applicable and the same are appraised by the Expert
Appraisal Committee during proceedings where the project proponent is present to
furnish clarifications, where required. In some cases additional details have to be
furnished to the Committee. Once all details are provided by the project proponent and
the Committee scrutinizes the same, recommendations are made to MoEF/ SEIAA for
grant of environmental clearance on stipulated terms and conditions.
Post clearance, compliance reports on the stipulated conditions have to be submitted by
the project proponent to the Regional Office of MoEF on 1st
June and 1st
December
every calendar year.

Categorization by Project Proponent
referring to Schedule in EIANotification
(Category A/B/not included)
CategoryA Category B
Not included in
Schedule of EIA
Notification
Need not approach
RegulatoryAuthority
Screening into
Category B1/B2 by
SEIAA
CategoryB1 CategoryB2
Appraisal based on
Form I submitted
EC process similar to
CategoryA but
conducted at State
level – SEIAA/SEAC
Scoping, finalizing Terms of
Reference for EIA studies by
EAC, MoEF
Prefeasibility, EIAStudies,
Public Hearing
Appraisal by EAC, MoEF
Communicate to Project
Proponent
EC granted/ rejected/
granted with conditions
Post Environmental Clearance
monitoring reports submitted on 1st
June and 1st December every
calendar year
Figure 1: Environmental Clearance Process
2.3 Correlation with Other Regulations
The environmental clearance process has linkages with the process of forest clearance
as well as costal regulation zone (CRZ) clearance, where applicable.
For projects that require environmental clearance and require diversion of forest land,
Stage I forest clearance is to be sought before submission of proposal for obtaining
terms of reference from EAC/SEAC.
For projects that require environmental clearance and are located in the CRZ, project
activities marked on CRZ map have to be incorporated in the scope for EIA studies. The
recommendations from the Coastal Zone Management Authority are incorporated in the

environmental clearance. Refer Figure 2 to see the inter-linkages between the three
clearance processes.
Categorization as per Schedule
of EIA Notification
Screening of Category B
projects by SEIAA
Scoping, Issue of Terms of
Reference
Appraisal by EAC/SEAC
Grant of Environmental
Clearance
Stage I Forest Clearance
Recommendations from CZMA
Post Environmental Clearance
Monitoring
Project activities marked on CRZ
Map
Figure 2: Process of obtaining Clearances for Projects requiring Environmental and
CRZ/ Forest Clearance
The process for obtaining forest clearance and CRZ clearance is briefly outlined in the
following sections for better understanding of Figure 2.
2.3.1 Process for obtaining Forest Clearance
The process and requirements for obtaining forest clearance for a project is given in the
Forest Conservation Act, 1980 and Rules 2004. For projects that require use of forest
land for non-forest purposes, the project proponent has to submit the project proposal
with adequate justification for the diversion of forest land to the Nodal Agency under
the respective State Government. A project proposal with forest land requirement upto
40 hectares is processed by the Chief Conservator of Forests of the Regional Office of
MoEF while a project with forest land requirement above 40 hectares is processed by
MoEF.

The forest clearance is granted in two stages, Stage I clearance is granted wherein the
proposal is agreed to in principle with conditions relating to transfer, mutation and
declaration of a reserve forest/protected forest under the Indian Forest Act, 1927 of
equivalent non-forest land for compensatory afforestation and funds for raising
compensatory afforestation thereof are stipulated. Stage II clearance is granted after
receipt of compliance report on stipulated conditions from the State Government. Refer
Figure 3 for a summary of the forest clearance process.
Proposal in Form ‘A’ to Nodal
Officer under State Government
Diversion of forest land upto 40 hectares
 Proposal forwarded to Chief
Conservator of Forests of respective
Regional Office of MoEF
Diversion forest land of more than 40
hectares
 Proposal forwarded to MoEF
Sent to Forest Advisory
Committee (FAC)/ State Advisory
Group (SAG)
Grant of Stage I Forest
Clearance by MoEF
Compliance report of stipulated
conditions submitted by State
Government to MoEF
FAC/SAG recommends
conditions to be stipulated to
MoEF
Grant of Stage II Forest
Clearance by MoEF
Figure 3: Forest Clearance Process

2.3.2 Process for obtaining CRZ Clearance
The CRZ as defined by the CRZ Notification 2011 issued under sub-section (1) of section
and clause (V) of subsection (2) of section 3 of the Environment (Protection) Act, 1986
comprises of:
1. Land area from high tide line to 500mts on the landward side along the sea front
2. Land area between HTL to 100 mts or width of the creek whichever is less on the
landward side along the tidal influenced water bodies that are connected to the sea
3. Land area between HTL and low tide line - intertidal zone
4. Water and the bed area between the LTL to the territorial water limit (12 nm) in case
of sea
5. Water and the bed area between LTL at the bank to the LTL on the opposite side of
the bank, of tidal influenced water bodies
For projects located in the CRZ, the project proposal is to be submitted to the State
Coastal Zone Management Authority (CZMA) in Form I given in Annexure IV of the
Notification. The recommendations of the State CZMA are forwarded to the National
CZMA. The National CZMA recommendations are sent to SEIAA or MoEF for projects also
requiring environmental clearance. For projects that do not require environmental
Clearance, recommendations from National CZMA are sent to MoEF for grant of
clearance (refer Figure 4).

Application to State Coastal
Zone ManagementAuthority
(SCZMA) in Form-I
Recommendation from SCZMA
sent to National CZMA
Recommendation from NCZMA
to SEIAA/ MoEF for projects that
require Environmental Clearance
Recommendation from NCZMA
to MoEF for project that do not
require Environmental Clearance
Grant of Clearance incorporated
in Environmental Clearance
Grant of Clearance
Post Clearance Monitoring and
Submission of half yearly reports
Figure 4: CRZ Clearance Process
2.4 Initiatives for Improvement of EIA Practice
The various initiatives taken by MoEF for improving the implementation of EIA practice
in India and strengthening the system are briefly described in the following sections.
2.4.1 Accreditation of EIA Consultants
The MoEF found that the EIA reports prepared by the Consultants in India did not meet
the required quality due to a number of reasons such as competence of Consultants;
poor quality of data used; “copy paste” tendency of Consultants; and conflict of interest
as the Consultants are engaged by the project proponents. Therefore, need for an
accreditation scheme was felt that defines the requirements for a Consultant
organization conducting EIA which will eventually contribute towards improving the
quality of EIA in the country.

The accreditation scheme for EIA Consultant organizations was prepared by National
Accreditation Board for Education & Training (NABET), a constituent board of the Quality
Council of India. The scheme was developed with inputs from various stakeholders
including experts in the field, regulatory agencies, Consultants etc and first launched in
August 2007 on a voluntary basis. The scheme was reviewed by MoEF and further
updated which was launched in January 2010. The scheme was made mandatory by the
MoEF through an Office Memorandum No. J/11013/77/2004- lA ll (l), dated 2nd
December, 2009.
The scheme acknowledged that for conduct of EIA, a multidisciplinary team with
specialists that have knowledge of the sector requiring EIA, as well as in functional areas
like land use, air pollution control, air quality modeling, water pollution control, noise
and vibration, ecology and bio-diversity, socio economic aspects, risks and hazard
management etc. are required. The scheme required an organization to have an EIA
Coordinators with overall knowledge of the project and functional areas likely to be
impacted; and Functional Area Experts to assess specific impacts and provide inputs to
the Coordinator for preparation of the EIA report.
The following requirements of the EIA Consultant organization were assessed:
a) Qualification and experience of EIA Coordinators and Functional Area Experts
b) Field investigations and laboratory arrangement to ensure the quality of the
baseline data
c) Quality management systems followed
d) Office facilities and other enabling factors to be provided by an organization
Since 30th
September, 2011, only accredited EIA Consultant organizations are allowed to
make presentation before the Expert Appraisal Committees at the Centre and State. As
on 5th
April, 2013 the number of accredited EIA Consultant organizations is 151 and the
list can be accessed at http://qcin.org/nabet/EIA/document2012/Annexure7.pdf. The
accreditation has been granted by NABET to EIA Consultant organizations specific to
sectors and category of projects based on their capacity as assessed. The accreditation is
valid for a period of three years, after which the Consultant organizations have to apply
for re-accreditation. An accredited Consultant is required to strictly comply with the
conditions of accreditation. Any non-compliance of conditions could result in withdrawal
of the accreditation.

2.4.2 EIA Manuals
Inorder to provide technical guidance to various stakeholders involved in the
environmental clearance process, the MoEF undertook the preparation of EIA Manuals
on major sectors of developmental projects which are listed in the Schedule to the EIA
Notification, 2006. The Manuals will assist in preparation of EIA/EMP Reports thus
improving their quality. In addition the Manuals will serve as guidance to Expert
Appraisal committees at the Centre and State for screening, scoping and appraisal of
projects of various sectors for grant of environmental clearance.
A total of 37 sector manuals listed below were prepared and have been made available
on MoEF’s website http://envfor.nic.in/modules/others/?f=eia-manuals:
1. Mining
2. Mineral Beneficiation
3. Airports
4. Asbestos
5. Ports & Harbours
6. Building Construction and
Townships
7. Highways
8. Coal Washery
9. Aerial Ropeways
10. Nuclear Power
11. Thermal Power
12. Cement
13. Chemical Fertilizers
14. Sugar
15. Distilleries
16. Leather/Skin/Hide Processing
Industry
17. Pulp & Paper
18. Offshore and On-shore Oil & Gas
Exploration, Development &
production
19. Induction/Arc and Cupola Furnaces
20. Metallurgical Industries
21. Oil & Gas Transportation pipe-line
22. Oil Refineries
23. Petrochemical Plants
24. Pesticides and Pesticide
Intermediates
25. Chlor Alkali Industry
26. Synthetic Organic Industry
27. Petrol-chemical based production
28. Coke Oven Plants
29. Soda Ash
30. Integrated Paints
31. Man-made Fibre
32. Isolated Storages and handling of
hazardous chemicals
33. Common Municipal Solid Wastes
34. Common Effluent Treatment Plants
(CETPs)
35. Industrial Estates
36. Ship Breaking Yards

37. Common Hazardous Waste Disposal, Storage and Treatment Facilities
The Manual for each sector includes procedure of obtaining environmental clearance,
related regulations, model terms of reference, technological options, processes for
cleaner production, waste minimization and specifics for monitoring of environmental
quality. The Manuals will be periodically updated to keep pace with changes such as
technology, regulatory etc.
The use of the sector- specific model terms of reference given in the EIA Manuals has
been mandated by MoEF through a circular no. J-11013/41/2006-IA. II(I), dated 4th
December, 2012.
2.4.3 Corporate Environment Policy
In accordance to the Office Memorandum issued by MoEF No. J-11013/41/2006-IA.II(I),
dated 26th
April, 2011, all central public sector units and major projects are required to
adopt a Corporate Environment Policy.
The major projects that should adopt such policy are:
a) Coal based thermal power plants with capacity of 500 MW and above
b) Integrated steel plants with capacity of 1 MTPA and above
c) Cement plant with capacity of 3 MTPA and above
d) Petroleum refining industries
The Policy should ensure that the Company strictly adheres to the environmental and
forest clearances granted to them. Any violations of the clearances, if identified by MoEF
or other public authorities should be duly reported to the Board of Directors. The
Company is required to designate responsible person(s) to ensure compliance to
environmental laws and regulations.
As per the memorandum, the requirement of Corporate Environment Policy is to be
included in the terms of reference by the Expert Appraisal Committees. The EMP
prepared for the project should include details of the Policy and its implementation.

Further to assist the Companies in institutionalizing the Corporate Environmental
Responsibility, a draft concept paper has been prepared and issued by MoEF outlining
elements of the Corporate Environment Policy.
2.4.4 Transparency
An important aspect to improvement of the EIA system is the transparency introduced
at various levels.
For all Category A projects, the approved terms of reference, public hearing proceedings
as well as environmental clearance granted to the project can be accessed from MoEF
website at http://environmentclearance.nic.in/. A copy of the clearance is also required
to be displayed on Company websites in accordance to general conditions of the
environmental clearance granted to the Company.
The post environmental clearance compliance report as well as environmental
statement, where required are also required to be displayed on the Company website in
accordance to general conditions of the environmental clearance granted to the
Company.
The list of accredited EIA Consultant organizations can also be accessed from the above
link including the application form for prior environmental clearance.
To discourage project proponents from initiating work at site and then applying for
environmental clearance, the MoEF has issued an Office Memorandum no. J-
11013/41/2006-IA.II(I), dated 12th
December, 2012 outlining actions to be taken for such
violations of the EIA Notification, 2006.
The course of actions, on realization of the violation, by MoEF or the Expert Appraisal
Committee are as follows:
1. The project proponent will have to be put the matter relating to the violation before
the Board of Directors
2. Submit a written commitment to MoEF to ensure that violations will not be repeated
3. The concerned State Government will have to take legal action against the Company
for the period of the violation

4. The details of the project proponent and a copy of the commitment will be put on
the website of MoEF for information of all stakeholders.
2.4.5 Assessment of Cumulative Impacts – Ongoing Efforts
The EIA Notification of 2006 does not mandate the project proponent to conduct
cumulative impact assessment. However in the last two years public action through
public interest litigation (PIL) or the MoEF has been directing thermal power projects to
conduct cumulative impact assessment.
For example the construction of thermal power plant at Cuddalore by IL&FS Tamil Nadu
Power Company Ltd. was stalled during due to a PIL filed at the National Green Tribunal
(NGT) against the environmental clearance granted to the project. The power company
was directed to carry out a cumulative impact assessment study and the MoEF was
directed by NGT to review the study and stipulate additional conditions. The NGT also
directed MoEF to conduct a study of the carrying capacity of the region around
Cuddalore Industrial Area.
The MoEF has also been conducting cumulative impact assessment of other sectors that
have a high dependency on use of natural resources. For example, the National River
Conservation Directorate, MoEF conducted an assessment of cumulative impacts of
hydro power projects in Alaknanda-Bhagirathi basins through Alternate Hydro Energy
Centre, IIT Roorkee. Similarly a study is underway by MoEF to assess the cumulative
impacts of mining of iron ore and manganese in Goa.

Chapter 3:Analysis of EIA with Sustainable Development
Indicators
3.1 Identifying Sustainable Development Indicators
The approach for sustainability assessment recommended by Richard Gibson has been
referred, to identify indicators for reviewing where Indian EIA law and practice currently
stands in terms of promoting sustainable development.
The ‘core generic criteria for sustainability assessments’4
given by Richard Gibson are as
follows:
1. Socio-ecological system integrity - Build human–ecological relations to establish
and maintain the long-term integrity of socio-biophysical systems and protect
the irreplaceable life support functions upon which human and ecological well-
being depends.
2. Livelihood sufficiency and opportunity - Ensure that everyone and every
community has enough for a decent life and that everyone has opportunities to
seek improvements in ways that do not compromise future generations’
possibilities for sufficiency and opportunity.
3. Intragenerational equity - Ensure that sufficiency and effective choices for all
are pursued in ways that reduce dangerous gaps in sufficiency and opportunity
(and health, security, social recognition, political influence, and so on) between
the rich and the poor.
4. Intergenerational equity - Favour present options and actions that are most
likely to preserve or enhance the opportunities and capabilities of future
generations to live sustainably.
5. Resource maintenance and efficiency - Provide a larger base for ensuring
sustainable livelihoods for all, while reducing threats to the long-term integrity
4
Robert B. Gibson (2006): Sustainability assessment: basic components of a practical approach,
Impact Assessment and Project Appraisal, 24:3, 174

of socio-ecological systems by reducing extractive damage, avoiding waste and
cutting overall material and energy use per unit of benefit.
6. Socio-ecological civility and democratic governance - Build the capacity,
motivation and habitual inclination of individuals, communities and other
collective decision-making bodies to apply sustainability requirements through
more open and better informed deliberations, greater attention to fostering
reciprocal awareness and collective responsibility, and more integrated use of
administrative, market, customary and personal decision-making practices.
7. Precaution and adaptation - Respect uncertainty, avoid even poorly understood
risks of serious or irreversible damage to the foundations for sustainability, plan
to learn, design for surprise, and manage for adaptation.
8. Immediate and long term integration - Apply all principles of sustainability at
once, seeking mutually supportive benefits and multiple gains.
The above eight criteria reproduced from the cited article have been used to develop
indicators for reviewing the terms of reference and environmental clearances. The
indicators used for review are as follows:
1. Identification of significant impacts on various environmental media (flora,
fauna, air, water, land, socio-economic)
2. Social impact assessment
3. Livelihood restoration plans where project causes involuntary resettlement and
community development programs
4. Resource maintenance and efficiency – energy, waste
5. Public consultation and transparency
6. Labour welfare
7. Preventive measures adopted
8. Assessment of cumulative impacts
9. Climate change adaptation

3.2 Analysis of EIA Practice with Sustainable Development
Indicators
3.2.1 Methodology of Review
The review of EIA practice has been carried out by assessing the standard terms of
reference provided in the EIA Manuals and the environmental clearances granted to the
projects with sustainable development indicators outlined in Section 3.1 of this Chapter.
For the purpose of analysis, about four to seven environmental clearances granted to
projects after the year 2006 across each of the eight categories as given in the Schedule
of EIA Notification have been reviewed.
The eight categories of projects as defined in the EIA Notification are:
1. Mining, extraction of natural resources & power generation
2. Primary Processing
3. Materials production
4. Materials processing
5. Manufacturing /Fabrication
6. Service Sectors
7. Physical infrastructure
8. Building / Construction/ Area development/ townships
During the analysis, category 1 and 2 i.e. mining and primary processing have been
merged as these projects are not developed in isolation and mostly include components
which fall under both categories. Also projects under category 8 have been scoped out
from analysis as they are Category B projects and are processed at the State Level.
The specific and general conditions stipulated in the clearance documents have been
reviewed to assess whether they include actions required to meet sustainable
development.
The project/ activities that were granted environmental clearance by Ministry of
Environment and Forests have been accessed from http://environmentclearance.nic.in/

3.2.2 Review of Environmental Clearances
A total of 30 environmental clearances granted to projects have been reviewed and the results are presented in Table 1.
Table 1: Analysis of Environmental Clearance granted to Projects at the Central Level
# Sectors
Sustainability Indicators
1 & 2 3 4 5 6 7
Mining, extraction of
natural resources &
power generation &
Primary Processing
Materials
production
Materials
processing
Manufacturing
/Fabrication
Service
Sectors
Physical
infrastructure
1. Impacts on environmental
media
7 5 4 5 4 5
2. Social Impact Assessment 4 0 0 0 0 3
3. Livelihood restoration and
community development
plans
4 2 1 2 1 0
4. Resource maintenance and
efficiency – energy, waste
0 1 4 2 0 2
5. Public consultation and
transparency
7 5 4 5 4 5
6. Labour welfare 1 4 4 5 2 2
7. Preventive measures adopted 7 4 4 5 3 0
8. Assessment of cumulative
impacts
1 0 0 0 0 0
9. Climate change adaptation 0 0 0 0 0 0

The livelihood restoration in all project clearances analyzed, refer to activities carried
out by project proponents under Corporate Social Responsibility. While social impact
assessment is conducted only for projects causing involuntary resettlement due to land
acquisition.
The preventive measures undertaken in the mining sector include observing ground
water quantity and quality and stopping work if impact on these is noted; creating buffer
zones around streams and vegetation of native species; and taking measures to prevent
soil erosion. In one project, the proponent was asked to conduct controlled blasting due
to the presence of scheduled fauna. The preventive measures for most industrial sectors
include ‘zero discharge’, recycling of treated effluent and reusing waste generated in the
manufacturing process especially for industries like cement and asbestos.
The reuse of waste also contributes towards resource efficiency. Most industries have
been stipulated to adopt waste minimization techniques such as:
a) Metering and control of quantities of active ingredients
b) Reuse of by-products from the process as raw materials or as raw material
substitutes in other processes
c) Use of automated filling to minimize spillage
d) Use of Close Feed system into batch reactors
e) Venting equipment through vapour recovery system
f) Use of high pressure hoses for equipment clearing to reduce wastewater
generation
The environmental clearances granted to Special Economic Zones stipulate conditions on
use of thermal insulated roofing and opaque walls as per the Energy Conservation and
Building Code of India. It also mentions the use of compact fluorescent lamps in the
buildings which consume lesser energy as compared to other conventional lights.
The conditions of displaying the environmental clearance granted to the project on the
website as well as advertising the same in two local news papers is generally stipulated
for all projects whether industrial or infrastructure.

Barring the mining sector, overall review of the clearances shows that cumulative
impacts are not addressed in EIA and also climate change impacts, mitigation and
adaptation are not incorporated in the process.
3.2.3 Review of Terms of Reference
The terms of reference for EIA provided in the EIA Manuals specify the components of
the projects that should be described; the environmental components present in the
project area that should be elaborated; details for baseline environmental data that
should be obtained, primary or secondary; baseline study on social impacts of the
project; the anticipated environmental impacts on different environmental media and
mitigation measures for the same; additional studies that may be required such as public
consultation, risk assessment, disaster management plan etc; and an environmental
management plan with an institutional structure and monitoring plan.
The terms of reference incorporates study of socio-economic impacts of the project
besides involuntary resettlement such as impacts on livelihood status, impact on
cropping patter and productivity within a particular buffer area, fuel savings, impact on
common resources and heritage areas.
The mitigation measures broadly mentioned in the terms of reference include
prevention as well as mitigation measures.
The study of resources that may be cumulatively impacted by a number of similar
projects in the region is not included. The accounting of GHG emissions contribution and
also identification of climate change impacts is not incorporated in the terms of
reference.
3.2.4 Summary of Findings
The review of environmental clearances granted to projects as well as the terms of
reference developed as a standard list for different sectors shows that cumulative
impact assessment and climate change effects assessment is not incorporated in the EIA
system. While social impact assessment is included in the study, specific conditions with
respect to the identified impacts are not stipulated in the environmental clearances
granted.

3.3 Challenges posed in the EIA system
The lack of assessment of cumulative impacts, climate change risks and social impacts of
development projects have been identified as the key weaknesses in the EIA system in
India. The challenges posed for conduct of these assessments is elaborated in this
section.
3.3.1 Cumulative Impact Assessment
In Section 2.4.5 of this report we have seen that efforts are being made towards
assessing cumulative impacts of large projects especially those heavily dependent on
natural resources like water, minerals etc. There is a dichotomy as to who is responsible
for assessing cumulative impacts, MoEF or the project proponent?
The project proponent is posed with a number of challenges in conducting cumulative
impact assessment as listed below:
1. Limited knowledge of other development projects proposed in the vicinity
2. Constraints in access to other project details for assessing cumulative impacts
3. Constraints in access to baseline monitoring data of other projects
4. Easy access to environmental quality monitoring data of existing projects
5. Deciding the boundary in area and time for assessing cumulative impacts
6. Non- availability of data in standard formats
7. Absence of clear siting guidelines for large scale infrastructure and industrial projects
8. Different pieces of information available with different institutions – MoEF, State
Pollution Control Boards, Regional Office of MoEF, State EIA Authority
3.3.2 Climate Change Risks
The Indian Network for Climate Change Assessment was launched in October 2009 for
developing decision support systems and building capacity towards management of
climate change related risks and opportunities among other objectives. Climate change
projections on observed climate for four key sectors expected to be impacted such as
the agriculture, water, natural ecosystem, biodiversity and health in four major regions
of India, namely, Himalayan region, the North-Eastern region, the Western Ghats and
the Coastal Region has been conducted by the Network.

The tools for assessing climate change are the global circulation models (spatial
resolution of 250-300 km) and regional circulation models. However high resolution
models for computation of climate change impacts for the project area using local
terrain data is expensive and still under development.
The EIA regulation or sector specific manuals do not give guidelines on climate proofing
of projects. The accuracy of data for climate change projection is another challenge
faced in India.
3.3.3 Social Impact Assessment
In India the conduct of social impact assessment is seen in the perspective of whether
the project requires land acquisition by invoking the Land Acquisition Act 1894. Indirect
socio-economic impacts such as economic loss to agricultural workers due to willful sale
of land by owner or loss of grazing land due to transfer of land from one government
department to another do not get accounted.
The Act recognizes only titleholders wherein compensation is awarded for loss of land
and structure thus constituting physical loss and displacement. Under the Act a Land
acquisition Plan is prepared which records social data along with records on loss
categories and quantity. A social impact assessment per se is not required.
In addition to the Land Acquisition Act we also have the National Resettlement and
Rehabilitation Policy, 2007 which has been further adopted by some States. Under the
Policy, if the project causes displacement of 400 or more families en masse in plain areas
and 200 or more families en masse in hilly areas, a social impact assessment study is
required. The policy specifies entitlements for physical and economic loss for
titleholders as well as non-titleholders. However in most States, the project proponent
adheres to the provisions of the Land Acquisition Act unless otherwise directed.
In the absence of an Act on resettlement and rehabilitation, how do regulatory bodies
ensure adherence to the national policy? The Land Acquisition and Resettlement and
Rehabilitation Bill, 2011 which is under discussion will bridge this gap.

Chapter 4:Review of Good Practices in EIA Law
Internationally
4.1 Environmental Assessment Good Practices in Canada
The Environmental Assessment Act 2012 of Canada outlines the process for
identification, analysis and evaluation of environmental effects of proposed projects to
ensure that these are factored into project decision making. In addition to other
environmental considerations in the process, climate change parameters are also to be
considered. Though climate change parameters are not explicitly mentioned in the Act, a
guidance document5
for practitioners has been prepared by the regulatory authority.
The consideration of climate change in environmental assessment has two parts:
3. Evaluation of the contribution of a proposed project to greenhouse gas emissions
(GHG) that have been identified as the primary cause for global climate change
4. Identification of where climate change may impact a proposed project
The guidance document recognizes that the contribution of an individual project to
climate change cannot be measured. However prediction of GHG emissions of an
individual proposed project could be evaluated in the regional context and other related
policy objectives. In the course of environmental assessment it is important to identify
and consult respective authorities on relevant climate change policies, knowledge and
practice.
Similarly, the guidance document recognizes that consideration of climate change
impacts on individual projects is a challenge due to the unavailability of detailed
information on local climate change factors. However, scenarios based on climate model
5
Incorporating Climate Change Considerations in Environmental Assessment: General Guidance for
Practitioners (November 2003), The Federal-Provincial-Territorial Committee on Climate Change and
Environmental Assessment

projections, existing climate data, local experiences and traditional ecological knowledge
could contribute to the identification of climate change risks.
4.1.1 GHG Considerations
The procedure for assessing GHG considerations as per the guidance document is as
follows:
1. Preliminary Scoping for GHG Considerations with readily available information to
identify likely GHG considerations associated with the project that needs further
attention.
2. Identify GHG Considerations like jurisdictional policies, plans and programs; collect
industry and project-specific information; clarify the magnitude, intensity and timing
of project emissions; and compare project specifics with industry profile,
provincial/territorial and national inventories.
3. Assess GHG Considerations in greater detail if project is likely to have medium or
high emissions, or diverges from industry or jurisdictional profile; describe direct and
indirect GHG emissions and related effects, including large-scale impacts on carbon
sinks, possible consequences of accidents or malfunctions.
4. GHG Management Plans to be prepared if the project is likely to result in medium or
high emissions, or depart from industry or jurisdictional profiles. The management
plan should clarify how project design takes GHG considerations into account;
provide monitoring, follow-up and adaptive management plans; link GHG
management plans with parallel pollution reduction opportunities; and confirm
consistency with jurisdictional requirements and initiatives.
5. Monitoring, Follow-Up and Adaptive Management to verify GHG emissions
forecasts; determine effectiveness of GHG reduction or offset measures; implement
remedial action; incorporate “lessons learned” into normal procedures; and address
evolving project and climate change knowledge, technology, policy and legislation.
4.1.2 Impact Considerations
The procedure for assessing impact considerations as per the guidance document is as
follows:

1. Preliminary Scope for Impacts Considerations with readily available information to
identify likely impacts considerations associated with the project that needs further
attention.
2. Identify Impacts Considerations through project sensitivity to possible changing
climatic parameters; detailed collection of regional climate change and project-
specific information; and obtaining clarity on changing climatic parameters
(magnitude, distribution and rate of changes).
3. Assess Impacts Considerations with range of possible changes to climatic
parameters; determine the range and extent of possible impacts on the project;
assess the potential risks to the public or environment; based upon the risks to the
public or environment resulting from the effects of climate change on the project,
determine whether impact management is required.
4. Impacts Management Plans to include mitigation measures to reduce project
vulnerability; adaptive management plan to reduce risks associated with climate
change; ongoing information gathering and risk assessment; and distinction to be
made between public and private sector risks and responsibilities.
5. Monitoring, Follow-Up and Adaptive Management to include monitoring status of
project and effectiveness of mitigation measures; implement remedial action;
incorporate “lessons learned” into normal procedures; and address evolving project
and climate change knowledge, technology, policy and legislation.
4.2 Environmental Assessment Good Practices in United States of
America
The EIA process of United States of America (USA) includes assessment of cumulative
impacts. A guidance document6
has been prepared by US Environment Protection
Agency to assist EIA reviewers in evaluating the adequacy of assessment of cumulative
impacts of projects during the review.
6
Consideration Of Cumulative Impacts In EPA Review of NEPA Documents, U.S. Environmental
Protection Agency, Office of Federal Activities (2252A), EPA 315-R-99-002/May 1999

The EPA does not require cumulative impact assessments for every project. However the
project proponent should consider whether cumulative impacts are a significant issue
that needs further study.
A summary of the process for conducting assessment of cumulative impacts from the
guidance document is given in the following paragraphs.
1. Identification of Resources which are cumulatively affected
The resources which are cumulatively affected can be identified by answering the
following question:
a) Is the resource vulnerable to incremental effects?
b) Is the proposed action one of several similar actions in the same geographic
area?
c) Do other activities in the area have similar effects on the resource?
d) Have these effects been historically significant for this resource?
e) Have other analyses in the area identified a cumulative effects concern?
The analysis for cumulative impacts should be expanded only for those resources
that are significantly affected.
2. Geographical and temporal boundary
For conduct of the assessment the geographical and temporal boundary should be
set based on natural boundaries of resources of concern and the period of time that
the proposed projects impacts will persist, even beyond the project life.
3. Past, Present, and Reasonably Foreseeable Future Actions
The adequacy of cumulative impact analysis depends on how well the analysis
considers impacts occurring due to past, present and reasonably foreseeable actions
i.e. whether the environment has been degraded and its extent; whether ongoing
activities in the area are causing the impacts; and the trends for activities and
impacts in the area.
To assess cumulative impacts, a broad range of activities and patterns on
environmental degradation occurring in the vicinity of the project area should be

taken into consideration such as proximity of projects geographically or temporally;
probability of actions affecting the same environmental system; likelihood that the
project will lead to a number of associated projects; and whether effects of other
projects are similar to the proposed project.
Scenarios should be developed for predicting future development in the area as a
result of the proposed project.
4. Describing the Condition of the Environment
To identify the significance of added impacts due to the proposed project, it is
critical to understand the environmental condition of the area i.e. whether the
resource is healthy, declining, near collapse, or completely devastated.
The description of environment should include: the natural function of the
environment and whether it has been degraded; the specific characteristics of the
environment and the extent of change; and description of the natural condition or
ecologically sustainable condition to serve as a benchmark.
5. Using Thresholds to Assess Resource Degradation
Qualitative and quantitative thresholds can be used to indicate whether a
resource(s) of concern has been degraded and whether the combination of the
projects impacts with other impacts will result in a serious deterioration of
environmental functions.
4.3 Good Practices in Philippine Environmental Impact Statement
(EIS) System
The Philippine Environmental Impact Statement (EIS) system requires projects that are
categorized as ‘Environmentally Critical Projects’ and projects located in
‘Environmentally Critical Areas’ to obtain an Environmental Compliance Certificate from
the Department of Environment and Natural Resources (DENR).
Among the areas declared as environmentally critical, areas frequently visited and/or
hard-hit by natural calamities such as typhoons, tsunamis, earthquakes, storm surge-
prone areas, flood-prone areas, locations prone to volcanic activities, locations along

fault lines or within fault zones and drought-prone areas are also included. It also
provides sources for obtaining the information and situation under which the natural
calamity should be taken into account.

Chapter 5: Recommendations for Strengthening EIA System
in India
5.1 Key Areas of Strengthening
The process for identification and managing cumulative impacts and climate change
effects has to be incorporated into the EIA system. The management of adverse social
impacts of a project besides resettlement and rehabilitation in the case of involuntary
resettlement should also be incorporated.
The introduction of the Land Acquisition and Resettlement and Rehabilitation Bill tabled
in the Parliament and which is currently under consideration will regulate the
management of social impacts. Hence no specific recommendations to this effect have
been made.
There are very few countries in the world that have incorporated cumulative impact
assessment and climate change analysis in the EIA system. These studies are mostly
conducted on a need basis and for certain specific type of projects.
The good practices of EIA system in two of the leading countries viz Canada and USA
have been studied in the previous Chapter. The recommendation proposed in the
following sections are attempt to customize the good practices for the Indian scenario.
5.2 Recommendations for Climate Proofing in EIA
The Canadian environmental assessment system provides the procedure for assessing
contribution of GHG emissions by the project and impact of climate change on the
project. The EIS system of Philippines provides a list of vulnerable areas impacted due to
climate change.
The sectors that majorly contribute to GHG emissions could be identified and GHG
accounting and mitigation measures for reduction of emissions for these sectors could
be incorporated in the terms of reference for EIA.

The locations that are vulnerable to climate change impacts such as sea level rise, storm
surges, flooding, tsunamis, typhoons, land subsidence, drought, beach erosion and sea
water ingress could be marked to a greater detail with attributes on historic events than
is provided in the Vulnerability Atlas of India7
.
A correlation matrix could be drawn between different sectors and their project
components versus climate change impacts. For projects that are located in climate
change vulnerable areas and include components that are susceptible to the impacts,
further investigation could be conducted and suitable mitigation & adaptation strategies
could be devised. For example ports/ jetties located in areas prone to flooding or storm
surges or sea level rise.
Vulnerable areas which could be further degraded due to location of certain type of
projects should be identified and disallowed for development. For example location of
water intensive industries like sugar, pulp and paper near water courses prone to
droughts.
5.3 Recommendations for Assessment of Cumulative Impacts in EIA
The key challenges regarding assessment of cumulative impacts during EIA are access to
data and dual views on responsibility of conducting the study.
Assessment of cumulative impacts would require all environmental sensitive features,
geographical features, administrative data, environmental quality data and development
project details to be available on one map on which further analysis could be carried
out. Such a database could be developed using Geographical Information System (GIS). A
separate GIS Cell could be created for the purpose such as a ‘National Environmental
Data Centre’.
The MoEF could access information on industrial and infrastructure projects from the
State Government, SEIAA and State Pollution Control Boards. The data regarding
environmentally sensitive areas like national parks, wildlife sanctuaries, biosphere
7
The Vulnerability Atlas of India prepared by the Building Materials and Technology Promotion
Council provides State-wise maps for natural hazards such as wind & cyclone, earthquake & fault lines
and floods which have a potential to damage housing stock and related infrastructure.

reserves, critically polluted areas and eco-sensitive zones; and their status would be
available with MoEF.
The project proponents could be provided with a standard format by the State Pollution
Control Boards for submitting data on ambient environmental quality for baseline
studies in EIA and periodic monitoring during construction and operation as well as stack
emissions or treated effluent quality. The GIS based database could be updated on a
quarterly basis for environmental quality data attached as attributes to respective
locations thus replacing the older data.
The database could be developed by MoEF and made available to the project proponent
for a fee. The responsibility of maintenance of the database in terms of updates on
information, hardware and software would lie with MoEF. The project proponent would
require submitting latitude and longitude of the proposed project location or alignment
of the linear project to MoEF or any of their Regional Offices. An analysis around a buffer
defined by MoEF for different sectors could be conducted by the GIS Cell which enables
extraction of data. This data would be provided to the project proponent which could
further be used by their environmental experts for predicting the cumulative impacts
and accordingly building in measures to manage the same.

Bibliography
Sadler Barry, Environmental Assessment in a Changing World: Evaluating Practice to
Improve Performance (1996) pg. 13, Minister of Supply and Services Canada
Shri Jaamshyd Godrej and Shri Naushad Forbes, Report of the Working Group on
“Effectively Integrating Industrial Growth and Environment Sustainability”, Twelfth Five
Year Plan (2012-2017), Pg 2, Planning Commission, Government of India
Incorporating Climate Change Considerations in Environmental Assessment: General
Guidance for Practitioners (November 2003), The Federal-Provincial-Territorial
Committee on Climate Change and Environmental Assessment
Considering Cumulative Effects Under the National Environmental Policy Act (January
1997), Council on Environmental Quality, Executive Office of the President
Consideration Of Cumulative Impacts In EPA Review of NEPA Documents, U.S.
Environmental Protection Agency, Office of Federal Activities (2252A), EPA 315-R-99-
002/May 1999
Climate Change and India: A 4x4 Assessment, A Sectoral And Regional Analysis For 2030s
(November 2010), INCCA: Indian Network for Climate Change Assessment
Scheme for Accreditation of EIA Consultant Organizations, National Accreditation Board
for Education and Training, Quality Council of India
Assessment of Cumulative Impacts of Hydroelectric Projects in Alaknanda – Bhagirathi
Basins (2011), AHEC – IITR
EIA Manuals accessed from the Ministry of Environment and Forests website
http://envfor.nic.in/modules/others/?f=eia-manuals, accessed throughout the year in
2012 and 2013
Environmental Clearances accessed from the Ministry of Environment and Forests
website http://environmentclearance.nic.in/, accessed throughout the year in 2012 and
2013
The Philippine Environmental Impact Statement System referred from
http://geocities.ws/denrcaraga/EISsys.html, accessed in January, 2013.

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