EIA Module 1 2024
EIA Module 1 2024
ENVIRONMENTAL IMPACT
ASSESSMENT MODULE 1
(Open Elective)
CET 415
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SYLLABUS Definition
• Definition, Need for EIA, Evolution of EIA: Global & Indian
scenario – ▪ Environmental impact assessment (EIA) is a process of identifying,
• Environmental Legislations in India- The Water ( Prevention & predicting, evaluating and mitigating the biophysical, social, and
Control of Pollution) Act 1974, The Air ( Prevention & Control of other relevant effects of proposed projects and physical activities prior
Pollution) Act 1981, The Environmental ( Protection ) Act 1986 – to major decisions and commitments being made.
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Need of EIA
Salient features of EIA
▪ When a new project starts in an area, it will disturb the environmental
▪ It identifies the possible positive and negative impacts which may
equilibrium, so that EIA is necessary to know whether the project should be
be short term and long term.
started or not.
▪ It provides a plan which will reduce the negative impacts of a ▪ To maintain quality of environment it is essential to study impacts of project on
project. environment.
▪ This plan may be a project alternative or project modification or ▪ EIA also suggests remedial measures for the pollution caused by the project,
environmental protection measures which reduces negative thereby we can implement pollution control methods (eg. Treatment units)
impacts. along with the project.
▪ It measures the level of plan implementation and the degree of ▪ The opinion of public is considered for conducting EIA, so the decision taken
effectiveness of environmental protection measures. about the commencement of new project will be more environment friendly
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▪ EIA is one of the successful policy innovations of the 20th Century for
Benefits of EIA
environmental conservation.
▪ Reduced cost and time of project implementation.
▪ Today, EIA is a formal process in many countries and is currently practiced in
▪ Cost-saving modifications in project design.
▪ Increased project acceptance. more than 100 countries.
▪ Avoided impacts and violations of laws and regulations
▪ EIA as a mandatory regulatory procedure originated in the early 1970s,
▪ Improved project performance
▪ Avoided treatment/clean up costs. with the implementation of the National Environment Policy Act (NEPA)
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▪ The EIA process really took off after the mid-1980s. ▪ Till 1994, environmental clearance from the Central Government was
an administrative decision and lacked legislative support.
▪ In 1989, the World Bank adopted EIA for major development
▪ On 27 January 1994, the Union Ministry of Environment and Forests,
projects, in which a borrower country had to undertake an EIA under
under the Environmental (Protection) Act 1986, issued an EIA
the Bank's supervision.
notification making Environmental Clearance (EC) mandatory for
expansion or modernization of any activity or for setting up new
projects listed in Schedule 1 of the notification.
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ENVIRONMENT LEGISLATIONS
Environmental legislation is a collection of laws and
regulations related to water quality, air quality, endangered
wildlife, and several other environmental factors.
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1974 The Water (Prevention & Control of Pollution) 1986 The Environment ( Protection ) Rules
Act
1975 The Water (Prevention & Control of Pollution) 1989 The Hazardous Wastes ( Management &
Rules Handling ) Rules as amended in 2000 & 2003
1977 The Water (Prevention & Control of Pollution)
Cess Act 1989 Manufacture,Use,Import of Hazards Chemical
1978 The Water (Prevention & Control of Pollution) Rules ( as amended in 2000 )
Cess Rules 1989 Manufacture,Use,Import, Export and Storage of
1981 The Air (Prevention & Control of Pollution) Act Hazardous Micro Organisms / Genetically
Engineered Micro Organisms or Cells Rules
1982 The Air (Prevention & Control of Pollution)
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FUNCTIONS OF CENTRAL BOARD (SECTION 16) FUNCTIONS OF STATE BOARD (SECTION 17)
1.Advise the Central Government on any matter concerning the prevention 1.To plan a comprehensive program for preventing and controlling the pollution of the
and control of water pollution. wells and streams in the state and to secure its execution.
2.Coordinate the activities of the State Boards and resolve disputes among 2.To advise the State Government on matters relating to prevention and controlling
them. water pollution.
3.provide technical assistance and guidance to the State Boards, carry out and 3.Collaborating with the central board to train persons employed or to be employed in
sponsor investigations and research relating to problems of water pollution preventing, controlling water pollution.
4.To lay down, modify the effluent standards of sewage and trade effluents and for the
and prevention, control or abatement of water pollution.
quality of receiving water resulting from the discharge of effluents and to classify
4.Plan and organize the training of persons engaged or to be engaged in for the
waters of the state.
prevention, control or abatement of water pollution on such terms and
5.To evolve methods of utilizing the sewage and suitable trade effluents in agriculture.
conditions as the Central Board may specify.
6.The state Board has the authority to set up laboratories to enable the board to perform
5.Organize through mass media a comprehensive program regarding the its function efficiently, including collecting samples of water from any stream or sewage
prevention and control of water pollution. 23 or trade effluents. 24
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Prevention and Control of Water Pollution • The state board also has the power to stop any person to enter into any
• According to Section 19 of the Act, the state board has the power to limit the poisonous, noxious or polluting matter determined in accordance with the
territorial jurisdiction of any order passed by it in matters relating to standards laid down in the Act.
prevention and controlling water pollution. • According to Section 25, no person is allowed to set up an industry or start a
• This means that the orders passed by the state board will only apply in the new operation or processor to any treatment of sewage without prior
areas that are affected by water pollution. approval of the state board, the state board may grant him a notice of
• it is up to the state board to determine which area is to be declared water approval and only after that he is entitled to continue or start a new business.
polluted and which is not, this can be done by making reference to a map or • If a person starts a new operation before prior approval of the board, the
making reference to a line of any watershed or the boundary of any district. board may impose any conditions as it may think fit for not obtaining notice
• According to Section 20 of the Act, the state board also has the power to of approval.
inspect any land, conduct surveys or gauge in an area if it thinks fit for • Section 27 of the Act gives power to the state board not to grant any notice
controlling or preventing water pollution. It can also ask any company, for setting up an industry or continuation of an existing operation.
industry to dispose of the information pertaining to the construction, • If the company has been granted permission with some conditions attached,
installation, and operation of its establishment. the state board has the power to review those conditions which it attached
• Section 21 of the Act empowers the state board or any employee on its before giving the notice of approval.
behalf to analyze any stream or well for the purpose of preventing and
controlling water purpose.
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SALIENT FEATURES
• The Air Act consists of 54 sections that aims to define the terms associated
with air pollution and related aspects. FUNCTIONS OF THE STATE BOARD
• Person Whoever contravenes any of the provision of the Act or any order or
direction issued is punishable with imprisonment for a term which may extend The function of any State Board may be specified that are as follows-
to three months or with a fine of Rs. 10,000 or with both, and in case of • To plan a comprehensive programme for the prevention, control or
continuing offence with an additional fine which may extend to Rs 5,000 for abatement of air pollution and to secure the execution thereof.
every day during which such contravention continues after conviction for the • To advise the State Government on any matter concerning the
first contravention. prevention, control or abatement of air pollution.
FUNCTIONS OF THE CENTRAL BOARD • To collect and disseminate information relating to air pollution.
The main functions of the Central Board shall be to improve the quality of air and • To collaborate with the Central Board in organizing the training of
to prevent, control or abate air pollution in the country. These are: persons engaged or to be engaged in programmes relating to prevention,
• To advise the Central Government on any matter concerning the improvement control or abatement of air pollution and to organize mass-education
of the quality of air and the prevention, control or abatement of air pollution. programme relating thereto.
• To plan and cause to be executed a nation-wide programme for the prevention, • To inspect air pollution control areas at such intervals as it may think
control or abatement of air pollution. necessary, assess the quality of air therein and take steps for the
• To co-ordinate the activities of the State and resolve disputes among them. prevention, control or abatement of air pollution in such areas.
• To provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of air pollution and
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prevention, control or abatement of air pollution.
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Umbrella Legislation
There are several Rules laid down under the EP Act. Few of the important Rules are as under-
• Environment Protection Rules, 1986
• Hazardous Waste Rules, 1989 (Now 2016)
• Bio Medical Waste Rules, 1998
• Municipal Solid Waste Rules, 2000
• Noise Pollution Rules, 2000
• Ozone Depleting Substances Rules, 2000
• Battery Waste Rules, 2001
• Plastic Waste Rules, 2011
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• Electronic waste Rules, 2011
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▪ The boards are also expected to test the air in air pollution control areas.
▪ The act provides means for the control and abatement of air pollution.
▪ To empower the central and state pollution boards, the Air Prevention and
▪ The act combats air pollution by prohibiting the use of polluting fuels
control of Pollution Amendment Act 1987 was enacted.
and substances and regulating appliances that give rise to air pollution.
▪ The boards were authorised to take immediate measures and recover the
▪ Establishing or operating any industry plant in the pollution control
expenses incurred by the offenders.
area requires consent from the State Board.
▪ The power to cancel consent for non-fulfilment of the conditions
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• To combat all these and to have a comprehensive ▪ protection of Public Health and welfare
Umbrella legislation which can cover the entire problem ▪ From time to time the central government issues notifications under
of environment, Parliament enacted the Environment
the EPA for the protection of a ecologically sensitive areas or issues
(Protection) Act, 1986
guidelines for the matters under the EPA
• 26 sections divided into four chapters
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protect and improve the quality of the environment and prevent • Under section 19 of Environment Protection
control and abate environmental pollution Act,1986, a citizen may prosecute a polluter by
▪ Sec. 5- Central Government has powers to issue directions which filing complaint to a Judicial Magistrate Court
includes the closure prohibition or regulation of an industry; to stop
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Indian Standard
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THE NOISE POLLUTION (REGULATION AND THE NOISE POLLUTION (REGULATION AND
CONTROL) RULES, 2000 CONTROL) RULES, 2000
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(1) The ambient air quality standards in respect of noise for different areas / (4) All development authorities, local bodies and other concerned
zones shall be such as specified in the Schedule annexed to these rules. authorities while planning developmental activity or carrying out
functions relating to town and country planning shall take into
consideration all aspects of noise pollution as a parameter of quality
(2) The State Government shall categorize the areas into industrial,
of life to avoid noise menace and to achieve the objective of
commercial, residential or silence areas / zones for the purpose of maintaining the ambient air quality standards in respect of noise.
implementation of noise standards for different areas.
(5) An area comprising not less than 100 metres around hospitals,
educational institutions and courts may be declared as silence area /
3)The State Government shall take measures for abatement of noise including zone for the purpose of these rules.
noise emanating from vehicular movements, blowing of horns, bursting of
sound emitting firecrackers, use of loud speakers or public address system and
sound producing instruments and ensure that the existing noise levels do not
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Responsibility as to enforcement of noise pollution control Restrictions on the use of loud speakers / public address
measures.- system and sound producing instruments.-
(1) A loud speaker or a public address system shall not be used except after
(1) The noise levels in any area / zone shall not exceed the ambient air quality obtaining written permission from the authority.
standards in respect of noise as specified in the Schedule. (2) A loud speaker or a public address system or any sound producing instrument
(2) The authority shall be responsible for the enforcement of noise pollution or a musical instrument or a sound amplifier shall not be used at night time
control measures and the due compliance of the ambient air quality standards in except in closed premises for communication within, like auditoria, conference
respect of noise. rooms, community halls, banquet halls or during a public emergency.
(3)The noise level at the boundary of the public place, where loudspeaker or
(3) The respective State Pollution Control Boards or Pollution Control
Committees in consultation with the Central Pollution Control Board shall public address system or any other noise source is being used shall not exceed
collect, compile and publish technical and statistical data relating to noise 10 dB (A) above the ambient noise standards for the area or 75 dB (A)
pollution and measures devised for its effective prevention, control and
whichever is lower
abatement.
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(1) No horn shall be used in silence zones or during night time in residential
areas except during a public emergency.
(2) Sound emitting fire crackers shall not be burst in silence zone or during
night time.
(3) Sound emitting construction equipments shall not be used or operated
during night time in residential areas and silence zones.
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Schedule 1: List of projects requiring environmental clearance from central ▪ Projects & activities broadly categorized in to two categories
government. - Category A and Category B based on
Schedule 2: (Application form) industry should submit application form for ▪ spatial extent of impacts
the environmental clearance to Union Ministry of Environment and Forests. ▪ impacts on natural and man-made resources
Schedule 3: (composition of expert committee for giving environmental ▪ impacts on human health
clearance). Experts from various disciplines including air pollution, risk ▪ Class B projects are further subdivided into Category B1 and
analysis, social service, NGOs, economics, water pollution, etc. constitute
this committee.
Category B2
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Stage 2: Scoping
Stage 1: Screening
Process by which
• Only for Category B projects and activities to determine if they need EIA. • Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or
activities
• Category A projects compulsorily need EIA. • State level Expert Appraisal Committee (SEAC) in the case of Category
‘B1’ projects
• Scrutiny of an application seeking EC by SEAC for determining whether or not Determine comprehensive Terms Of Reference (TOR) addressing all relevant
environmental concerns for preparation of an Environment Impact Assessment
the project or activity requires further environmental studies (EIA) report
Classify projects as B1 (require EIA) and B2 (don’t require EIA) Report based on
• on the basis of the information furnished by applicant in the prescribed
• For categorization of projects into B1 or B2, the MoEF shall issue appropriate application Form1/Form 1A including
• a site visit by a sub- group of EAC or SEAC only if considered necessary
guidelines from time to time.
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•Invite replies from such concerned persons by placing on their website the After public consultation…
Summary of EIA report • Applicant shall address all environmental concerns expressed
• Use other appropriate media for ensuring wide publicity about the project during this process
• Within seven days of the receipt of a written request for arranging the public • Make appropriate changes in the draft EIA
hearing
• Final EIA report shall be submitted by the applicant to the
•Confidential information including non-disclosable or legally privileged
information involving Intellectual Property Right shall not be placed on the concerned regulatory authority for appraisal.
website
•Make available on written request from any concerned person the Draft EIA
report for inspection at a notified place during normal office hours till the date of
the public hearing
• All the responses received as part of this public consultation process shall be
forwarded to the applicant through the quickest available means
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Grant or Rejection of EC
Stage 4: Appraisal • The regulatory authority shall consider the recommendations of the EAC or
Detailed scrutiny by the EAC or SEAC of SEAC concerned and convey its decision to the applicant
• documents like the Final EIA report • In cases where it disagrees with the recommendations of the Expert Committee
• outcome of the public consultations including public hearing proceedings (Central or State), the regulatory authority shall request reconsideration by the
• submitted by the applicant to the regulatory authority concerned for grant Central or State Expert Appraisal Committee After reconsideration, irrespective of
of environmental clearance views of Expert Committee, decision of the regulatory authority concerned shall be
• Appraisal of all projects or activities which are not required to undergo final
public consultation, or submit an Environment Impact Assessment report • If decision not granted within stipulated time, the applicant may proceed as if the
(Category B2) shall be carried out on the basis environment clearance sought for has been granted or denied by the regulatory
prescribed application Form 1 authority in terms of the final recommendations of the Expert Committee
Form 1A concerned
any other relevant information • Careful concealment and/or submission of false or misleading information or data
• EAC or SEAC shall recommend to the regulatory authority concerned which is material to screening or scoping or appraisal or decision on the
either for grant of prior environmental clearance on stipulated terms application shall make the application liable for rejection
and conditions • Rejection of an application or cancellation of a prior environmental clearance
or rejection of the application for prior environmental clearance, already granted shall be decided by the regulatory authority, after giving a personal
together with reasons for the same. hearing to the applicant, and following the principles of natural justice
• Prescribed procedure for appraisal is given in Appendix V
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• Area Development projects and Townships, the validity period shall be limited
developer
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Types of EIA
Environmental assessments could be classified into four types i.e.,
▪ Regional EIA,
▪ Sectoral EIA
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Regional EIA
▪ EIA in the context of regional planning integrates environmental concerns into Regional EIA (contd…)
development planning for a geographic region. ▪ It fulfils the need for macro-level environmental integration, which
▪ A Regional Environmental Impact Assessment (Regional EIA) is a the project-oriented EIA is unable to address effectively.
comprehensive study and evaluation of the potential environmental impacts ▪ Regional EIA addresses the environmental impacts of regional
and consequences of a proposed project or development in a specific
development plans and thus, the context for project-level EIA of the
geographical region.
subsequent projects, within the region.
▪ Such an approach is referred to as the economic-cum environmental (EcE)
development planning. ▪ In addition, if environmental effects are considered at regional level,
then the cumulative environmental effects of all the projects within
▪ This approach facilitates adequate integration of economic development with
management of renewable natural resources within the carrying capacity the region can be accounted
limitation to achieve sustainable development
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regional and sectoral level planning. impacts that it exerts on the receiving environment.
▪ Once sectoral level development plans have the integrated sectoral ▪ Thus, it may not effectively integrate the cumulative effects of the
environmental concerns addressed, the scope of project-level EIA will be development in a region
quite minimal. ▪ From the above discussion, it is clear that the EIA shall be integrated at all
▪ Sectoral EIA will helps in to addressing specific environmental problems levels i.e., strategic, regional, sectoral and project level.
that may be encountered in planning and implementing sectoral ▪ Whereas, the strategic EIA is a structural change in the way the things are
development projects evaluated for decision-making, the regional EIA refers to substantial
information processing and drawing complex inferences.
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