Environmental Impact Assessment (EIA) is a process aimed at identifying, predicting, and mitigating the environmental impacts of proposed projects to prevent adverse effects. The document outlines the legal framework and evolution of EIA in India, detailing the steps involved in the EIA process, the types of EIA, and the challenges posed by the draft EIA notification of 2020, which critics argue weakens environmental safeguards and increases government discretion. Key issues identified include reduced public consultation, exemptions for certain projects, and provisions for post facto clearances.

1. Environmental
Impact
Assessment
Sonika Pawar
M.Sc. (Env. Sci.)
190040420007

2. Environmental Impact Assessment (EIA)
Is defined as the documentation of an
environmental analysis which includes
identification, prediction & mitigation of
impacts caused by a proposed actions or
projects.

3. Why EIA?
EIA is intended to prevent or minimize
potentially adverse environmental impacts
and enhance the overall quality of a project.
The main benefits and advantages of EIA are:-
• Lower project costs in the long term
• Increased project acceptance
• Improved project design

4. Statutory Framework
• 1972 - Stockholm Conference followed to NCEPC(National
Committee on Environmental Planning & Coordination) to
plan and coordinate environment programmes and policies
and advice ministries on environmental protection.
• 1980 - The Impact Assessment Division in the newly set up
Department of Environment takes over environmental
appraisal of projects.
• 1985 - Department of Environment becomes Ministry of
Environment & Forest.
• 1986 - After the 1984 Bhopal Gas Tragedy, the Environment
Protection Act is passed to protect the environment and
punish those harming it.

5. • 1994 - The EIA notification of 1994 is first subordinate that makes
environmental clearance mandatory for building,
expanding and modernizing projects. Its rules are
subsequently amended 12 times.
• 2006 - The EIA notification of 1994 is first subordinate legislation
that makes environmental clearance mandatory for
building, expanding and modernizing projects. Its rules are
subsequently amended 12 times.
• 2020 - March,2020. The MoEFCC puts out a draft EIA to replace
the 2006 notification. The government says this is
streamlined notification but environmentalists claim it
further dilutes the process.

6. Types of EIA
1. Rapid EIA
This is carried out for projects that are likely to cause limited
adverse impacts. In Rapid EIA data or information is
collected for only one season (other than monsoon).
Therefore, the time frame for understanding rapid EIA is
much shorter (i.e. 3 months).
2. Comprehensive EIA
This is conducted over a year as it involves collection of data for
3 seasons (other than monsoon). It is usually conducted for
projects that are likely to cause major or a series of adverse
impacts.

7. The MoEFCC notified new EIA
legislation in September, 2006
• The notification makes it mandatory for various projects such
as mining, thermal power plants, river valley, infrastructure(
roads, highway, ports, harbours, airports) and indusries
including very small electroplating or foundary units to get
environment clearance.
• However, unlike the EIA notification of 1994, the new
legislation has put the one of the clearing projects on the
state government depending on the size/ capacity of the
project.

9. Steps of EIA
1. Screening
2. Scoping and consideration of alternatives
3. Baseline data collection
4. Impact prediction
5. Mitigation measures and EIA Report
6. Public Hearing
7. Environmental management plan
8. Decision making
9. Monitoring the clearance conditions

10. The EIA Process
The EIA process is cyclical with interaction between the various
steps.
Screening - The project plan is screened for scale of
investment, location and type of development and if the
project needs statutory clearance.
Scoping – The project’s potential impacts, zone of impacts,
mitigation possibilities and need for monitoring.
Collection of baseline data – Baseline data is the
environmental status of study area.
Impact Prediction – Positive and negative,reversible and
irreversible and temporary and permanent impacts needs to
be predicted which presupposes a good understanding of the
project by the assessment agency.

11. Mitigation measures and EIA Report – The EIA report
should include the actions and steps for preventing,
minimizing or by passing the impacts or else the level of
compensation for possible environmental damage or loss.
Public Hearing – On completion of EIA report, public and
environmental groups living close to project site may be
informed and consulted.
Decision making- Impact Assessment Authority along with
the experts consult the project-in-charge along with
consultant to take the final decision, keeping in mind EIA and
EMP ( Environmental Management Plan).
Monitoring and Implementation of EMP – The various
phases of implementation of the projects are monitored.

12. Assessment of Alternatives, Delineation of mitigation
Measures and EIA Report – For every project, possible
alternatives should be identified and environmental attributes
compared. Alternatives should cover both project location
and process technologies.
Once alternatives have been reviewed, a mitigation plan should
be drawn up for the selected option and is supplemented with
and EMP to guide the proponent towards environmnetal
improvements.
Risk assessment – Inventory analysis and hazard probability
and index also form part of EIA procedures.

13. Stakeholders in EIA Process
• Those who propose the project
• The environmental consultant who prepare
EIA on behalf of project proponent.
• Pollution Control Board (State or National)
• Public has the right to express their opinion
• The Impact Assessment Agency
• Regional Centre of the MoEFCC

14. Salient Features of 2006 Amendments
to EIA Notification
• EIA Notification 2006 has decentralized the environmental
clearance projects by categorizing the developmental projects
in two categories i.e.
Category A (national level appraisal)
Category B (state level appraisal)
• Category A projects are appraised at national level by Impact
Assessment Authority(IAA) and the Expert Appraisal
Committee(EAC) and Category B are appraised at state level.
• State Level Environment Impact Assessment Authority
(SLEIAA) and State Level Expert Appraisal Committee (SEAC)
are constituted to provide clearance to Category B process.

15. • Category A projects:- require mandatory
environmental clearance and thus they do not
undergo the screening process.
• Category B projects:- undergoes screening
process and they are classified into two
types:-
Category B1 Projects (Mandatory require EIA)
Category B2 Projects (Do not require EIA)
Thus, Category A projects and Category B projects
undergo the complete EIA process whereas Category
B2 projects are excluded from complete EIA process.

16. Importance of EIA
• EIA links environment with development for
environmentally safe and sustainable
development.
• EIA provide a cost effective method to eliminate
or minimize the adverse impact of developmental
projects.
• EIA enables the decision makers to analyze the
effects of developmental activities on the
environment well before the developmental plan.
• EIA makes sure that the developmental plan is
environmentally sound and within the limits of
the capacity of assimilation and regeneration of
the ecosystem.

17. EIA Draft, 2020
• 23 March, 2020- The MoEFCC issued the draft EIA
notification, 2020, which will replace the EIA
notification of 2006.
• The government redrafted it again to incorporate
the amendments and relevant court orders
issued since 2006, and to make the EIA “process
more transparent and expedient”.
• Activists claim that far from an improvement, the
2020 draft is regressive departure from the 2006
version it seeks to replace.

18. Issues with the new rules
Increased discretionary powers of Bureaucracy-
• No solution for the political and bureaucratic stronghold on the EIA
process.
• Instead, it proposes to increase the government’s discretionary
power and limiting public engagement in safeguarding the
environment.
• Projects concerning national welfare defence and security are
considered strategic.
• For other projects, the government gets to decide on the “strategic”
tag.
• No information on “such projects shall be places in the public
domain”.
• This opens a window for summary clearance for any project
deemed strategic without having to explain why.

19. Many Exemptions
• 2020 draft exempts a long list of projects from public consultation.
• Roads and pipelines in border areas.
That would cover much of the Northeast, the repository
of the country’s richest biodiversity.
• All inland waterways projects.
• All expansion/ widening of national highways
These include roads that cut through forests and dredging of major
rivers.
Construction
• Earlier buildings of 20,000 sq.m. or above required an
environmental clearance after detailed scrutiny by the state level
expert appraisal committee.
• Now according to the 2020 draft, the limit will be 1,50,000 sq.m.

20. Post Facto Clearance
• A project operating in violation of the EPA can now apply for
clearance.
• Violators will only need 2 plans for remediation and resource
augmentation which is to 1.5-2 times the ecological damage
assessed and economic benefit derived due to violation.
• Penalty per day of late clearance- miniscule.
Public Complaints
• If any violations are taking place, they have to be reported either
by a government authority or the developers themselves.
• There is no scope for any public complaint about violations.
• Instead, the reliance is on the violators to disclose, suo motu, that
they broke the law.