EIA: Chapter - 2 sem - 7

EIA Notification September 2006 and amendments :

The Environmental Impact Assessment (EIA) Notification 2006 is a set of regulations issued by the Government of India under the Environment (Protection) Act, 1986. The notification requires that all projects or activities that are likely to have a significant impact on the environment must undergo an EIA process before they can be approved.

The EIA process involves the preparation of an EIA report, which assesses the potential environmental impacts of the project. The report is then reviewed by an Expert Appraisal Committee (EAC), which makes recommendations to the Ministry of Environment, Forest and Climate Change (MoEFCC) on whether or not to grant environmental clearance.

The EIA Notification 2006 has been amended several times since it was first issued. The most recent amendment, which was issued in 2022, made changes to the EIA process for building and construction projects.

The following are some of the key provisions of the EIA Notification 2006:

• All projects or activities that are listed in the EIA Schedule must undergo an EIA process.
• The EIA report must be prepared by a qualified environmental consultant.
• The EAC must review the EIA report and make recommendations to the MoEFCC.
• The MoEFCC will grant or deny environmental clearance based on the recommendations of the EAC.

The EIA Notification 2006 is an important tool for ensuring that the environmental impacts of projects are properly assessed before they are approved. The notification has been successful in reducing the number of projects that have a significant impact on the environment. However, there are still some challenges that need to be addressed, such as the lack of capacity in some states to implement the EIA process effectively.

Here are some of the amendments to the EIA Notification 2006:

• In 2014, the notification was amended to include new projects and activities that are required to undergo an EIA process.
• In 2015, the notification was amended to clarify the process for seeking exemption from environmental clearance.
• In 2022, the notification was amended to make changes to the EIA process for building and construction projects.

The EIA Notification 2006 is a dynamic document that is constantly being updated to reflect the changing needs of the country. The amendments to the notification are designed to improve the effectiveness of the EIA process and to ensure that the environmental impacts of projects are properly assessed.

Under the EIA (Environmental Impact Assessment) Notification issued in September 2006 in India, projects are categorized based on their potential environmental impact into three categories:

• Category A: Projects that are likely to have a significant adverse environmental impact. These projects require environmental clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC).
• Category B: Projects that are likely to have some environmental impact but not as significant as Category A projects. These projects require environmental clearance from the State Environment Impact Assessment Authority (SEIAA).
• Category C: Projects that are unlikely to have any significant environmental impact. These projects do not require environmental clearance.

The categorization of projects is based on a number of factors, including the nature of the project, the size of the project, and the location of the project. The categorization of a project is important because it determines the level of environmental scrutiny that the project will be subject to.

Here is a table that summarizes the categorization of projects under the EIA Notification 2006:

Category	Description	Environmental Clearance
A	Likely to have a significant adverse environmental impact	Required from MoEFCC
B	Likely to have some environmental impact but not as significant as Category A projects	Required from SEIAA
C	Unlikely to have any significant environmental impact	Not required

The EIA Notification 2006 is a dynamic document that is constantly being updated to reflect the changing needs of the country. The categorization of projects is one of the key aspects of the EIA process, and it is important to understand the different categories of projects in order to comply with the notification.

The procedure for obtaining environmental clearance in India involves several steps and is governed by the EIA (Environmental Impact Assessment) Notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC). 

Here is a general overview of the process:

1. Screening: The first step is to determine under which category (A or B) the project falls. This is done through a screening process based on the nature, size, and potential environmental impact of the project.

2. Scoping: Once the project is categorized, a detailed Scoping process is undertaken to identify the potential environmental and social impacts that need to be assessed in the Environmental Impact Assessment (EIA) report. This involves consultations with relevant stakeholders and experts.

3. Preparation of EIA report: The project proponent is required to prepare an Environmental Impact Assessment (EIA) report that assesses the potential environmental impacts of the project and proposes appropriate mitigation measures.

4. Public Consultation: For Category A projects and certain Category B projects, a public consultation is mandatory. This involves holding public hearings to gather the views and concerns of the affected communities and stakeholders regarding the project's environmental impact.

5. Submission of the EIA report: The project proponent submits the EIA report along with other required documents to the concerned State or Union Territory Pollution Control Board (PCB) or the MoEFCC, depending on the category of the project.

6. Appraisal: An Expert Appraisal Committee (EAC) or State-level Expert Appraisal Committee (SEAC) reviews the EIA report and other documents. They evaluate the potential environmental impact and the effectiveness of proposed mitigation measures.

7. Decision: Based on the appraisal, the EAC or SEAC makes recommendations for environmental clearance. The final decision is taken by the MoEFCC or the State Environmental Impact Assessment Authority (SEIAA) for Category A and Category B projects, respectively.

8. Issuance of Environmental Clearance: If approved, the project is granted Environmental Clearance (EC) along with specific conditions and mitigation measures that the project proponent must adhere to during the project's implementation.

It is essential to note that the process may vary slightly for different types of projects and may be subject to further amendments or changes based on regulatory updates. The project proponent must comply with all the requirements and guidelines set forth in the EIA Notification and other relevant regulations during the environmental clearance process.

Here is a general overview of the environmental clearance process in India:

1. Project categorization: The first step is to categorize the project based on its potential environmental impact. Projects are categorized into three categories: A, B, and C.
2. Preparation of EIA report: If the project is categorized as A or B, the project proponent must prepare an EIA report. The EIA report is a document that assesses the potential environmental impacts of the project.
3. Public hearing: If the project is categorized as A, a public hearing must be held. The public hearing is an opportunity for the public to voice their concerns about the project.
4. Submission of EIA report: The EIA report and the public hearing report must be submitted to the MoEFCC or the SEIAA, depending on the category of the project.
5. Review Of EIA Report: The EIA report will be reviewed by an Expert Appraisal Committee (EAC). The EAC is a group of experts who will assess the environmental impacts of the project.
6. Decision On Environmental Clearance: The MoEFCC or the SEIAA will make a decision on whether or not to grant environmental clearance.

The environmental clearance process can be complex and time-consuming. However, it is an important process that helps to ensure that projects are environmentally sound.

Here are some additional details about the steps in the environmental clearance process:

• Project categorization: The project categorization is done by the MoEFCC or the SEIAA. The categorization is based on a number of factors, including the nature of the project, the size of the project, and the location of the project.
• Preparation of EIA report: The EIA report must be prepared by a qualified environmental consultant. The EIA report should include a description of the project, an assessment of the potential environmental impacts, and mitigation measures.
• Public Hearing: The public hearing is an opportunity for the public to voice their concerns about the project. The public hearing is typically held in the area where the project is proposed to be located.
• Submission Of EIA Report: The EIA report and the public hearing report must be submitted to the MoEFCC or the SEIAA within a specified time period.
• Review of EIA Report: The EIA report will be reviewed by an EAC. The EAC is a group of experts who will assess the environmental impacts of the project. The EAC will make recommendations to the MoEFCC or the SEIAA on whether or not to grant environmental clearance.
• Decision On Environmental Clearance: The MoEFCC or the SEIAA will make a decision on whether or not to grant environmental clearance. The decision will be based on the recommendations of the EAC and other factors.

The environmental clearance process is a complex and time-consuming process. However, it is an important process that helps to ensure that projects are environmentally sound.

Public participation is a crucial aspect of the environmental decision-making process, ensuring that the concerns and perspectives of the affected communities and stakeholders are taken into account. 

Here are some key points on public participation in the environmental decision-making process:

1. Public Consultation: The process often includes holding public consultations and hearings, where members of the public, local communities, non-governmental organizations (NGOs), and other stakeholders have the opportunity to express their views, opinions, and concerns about proposed projects or policies that may have environmental impacts.

2. Access to Information: Providing access to relevant information about the proposed projects or policies is essential for meaningful public participation. Accessible and comprehensive information empowers the public to understand the potential environmental implications and engage in informed discussions.

3. Transparency and Accountability: Decision-making processes should be transparent, allowing the public to see how decisions are made and what factors are considered. This transparency fosters trust and ensures that decisions are accountable to the public interest.

4. Early Involvement: Public participation should occur early in the decision-making process, ideally during project planning and policy development stages. Early involvement enables stakeholders to influence the project design and identify potential issues before decisions are finalized.

5. Feedback Mechanisms: Establishing mechanisms for receiving and considering public feedback is vital. Authorities should consider the input received during public consultations and take it into account when making decisions.

6. Inclusivity: The process should be inclusive, taking into account the voices of vulnerable and marginalized communities, whose livelihoods and environments may be disproportionately affected by certain projects or policies.

7. Empowerment and Capacity Building: Providing opportunities for capacity building and raising awareness about environmental issues allows the public to engage more effectively in the decision-making process.

8. Redress Mechanisms: Establishing mechanisms for addressing grievances and resolving conflicts is essential, ensuring that concerns raised during public consultations are appropriately addressed.

Public participation not only strengthens the quality of decision-making but also helps build public support for environmentally sustainable initiatives. By involving the public in environmental decisions, authorities can foster a sense of ownership and shared responsibility for protecting the environment and promoting sustainable development.

Public participation is a crucial aspect of the environmental decision-making process. It ensures that the concerns and perspectives of the affected communities and stakeholders are taken into account. This can help to ensure that projects are environmentally sound and that the needs of the affected communities are met.

There are many different ways to involve the public in environmental decision-making. Some common methods include:

• Public hearings: Public hearings are a forum where the public can voice their concerns about a project. They are typically held in the area where the project is proposed to be located.
• Consultation: Consultation is a process where the public is invited to provide input on a project. This can be done through surveys, workshops, or other methods.
• Citizen Juries: Citizen juries are a group of randomly selected citizens who are asked to review a project and make recommendations.
• Online Engagement: Online engagement is a way for the public to participate in environmental decision-making through the internet. This can include things like online surveys, forums, and social media.

Public participation is an important part of environmental decision-making. It helps to ensure that projects are environmentally sound and that the needs of the affected communities are met. There are many different ways to involve the public in environmental decision-making, and the best method will vary depending on the specific project.

Here are some of the benefits of public participation in environmental decision-making:

• Increased Transparency: Public participation can help to increase transparency in the environmental decision-making process. This can help to build trust between the public and decision-makers.
• Improved decision-making: Public participation can help to improve decision-making by providing decision-makers with a better understanding of the concerns of the affected communities.
• Increased compliance: Public participation can help to increase compliance with environmental regulations. This is because it can help to ensure that the concerns of the affected communities are addressed.

There are also some challenges associated with public participation in environmental decision-making:

• Cost: Public participation can be expensive. This is because it can involve things like holding public hearings, conducting surveys, and developing educational materials.
• Time: Public participation can take time. This is because it can involve things like planning and organizing public meetings, and responding to public comments.
• Complexity: Public participation can be complex. This is because it can involve dealing with a variety of different stakeholders with different interests.

Despite the challenges, public participation is an important part of environmental decision-making. It helps to ensure that projects are environmentally sound and that the needs of the affected communities are met.