ENVIRONMENTAL IMPACT ASSESSMENT

1.

Introduction

The International Association for Impact Assessment (IAIA) defines environmental

impact assessment (EIA) as "the process of identifying, predicting, evaluating and
mitigating the biophysical, social, and other relevant effects of development proposals
prior to major decisions being taken and commitments made. EIA is a systematic
process for identification and evaluation of potential impacts of proposed projects,
plans and programmes relative to the environment. - ENVIS, INDIA

The EIA involves determining the current status of the baseline environment and
identifying impact of proposed activities on it. Based on this an Environmental
Management Plan (EMP) is drawn to ensure mitigation planning and impact
monitoring.

Historically EIA is associated with industrial projects. However in the last decade due
to significant development of infrastructure projects including construction projects as
large residential colonies, entertainment complexes, the scope of EIA has therefore
been extended to include such projects also.

1.1 EIA AND SUSTAINABLE DEVELOPMENT

Environmental Impact Assessment is a techno-managerial process that is based on the

precautionary principle. In the EIA process the impacts of the development process are
predicted before the finalization of project proposal. The project is envisaged on the
basis of magnitude, nature and extent of these impacts.

Sustainable development seeks to minimize the negative environmental impacts of

buildings by proficiency and moderation in the use of materials, energy and
development space. Sustainable development is a scientific fitment of alternatives to
energy and ecological conservation in the design of the built environment. The focus of
sustainable building development is on enhancing the efficiency of resource use such as
energy, water and materials - while decreasing building impacts on human health and
the environment during the buildings lifecycle, by better siting, design, construction,
operation, maintenance and removal.

The idea of sustainability, or ecological development, is to ensure that our actions and
decisions today do not take toll on the prospects of future generations.

Energy efficiency over the entire life cycle of a building is the single most significant
goal of sustainable development. Designers use many varied techniques to reduce the
energy requirements of the buildings and increase their ability to capture or produce
their own energy.

At present it is presumed that, Environmental impact assessment is an effective and

significant tool to ensure environmentally sustainable development. It is the process in
which environmental factors are integrated into project planning and policymaking so
as to achieve ecologically sustainable development.

1.2 Objectives of EIA

Immediate objectives of EIA are to:

improve the environmental design of the proposed activity;

safeguard that resources are used appropriately and efficiently;

identify suitable measures for mitigating the significant impacts of the proposed
activity; and

enable informed decision making, including setting the environmental terms and
conditions for implementing the proposed activity.

Long term objectives of EIA are to:

safeguard human health and safety;

avoid irreparable changes and severe damage to the environment;

maintain valued resources, natural areas and ecosystem constituents; and improve the
social aspects of the proposed activity.

2.

Environmental Impact Assessment (EIA) in India

2.1

Historical Background

The environmental protection and environmental management are given due

consideration in all projects and developments in India and this practice tries to keep

pace of development in perfect harmony with nature and bio-diversity system.

Changing life styles, increasing pace of urbanization, industrialization and
infrastructure development have caused environmental pollution and degradation. The
degradation of the natural environment has further been accelerated by the large
number of developmental projects most of which are setup at considerable
environmental costs. Thus, rules, laws and policies on environmental protection had to
be introduced. The foremost purpose of EIA is to ensure that the development options
under consideration are sustainable.

The beginning of the environmental action in India is attributed to the participation of

late Smt. Indira Gandhi, than Prime minister of India in the UN Conference on Human
Environment in Stockholm in 1972. The foundation of EIA in India was laid in 197677. The Planning Commission asked the then Department of Science and Technology to
examine the river-valley projects from environmental angle. This was subsequently
extended to cover those projects, which required approval of the Public Investment
Board. However, these were administrative decisions, and lacked the legislative
support. To fill this gap, the Government of India enacted the Environment (Protection)
Act on 23rd May 1986. To achieve the objectives of the Act, one of the decisions that
were taken was to make EIA statutory. On 27 th January 1994, the Ministry of
Environment and Forests (MoEF), Government of India, under the Environmental
(Protection) Act 1986, promulgated an notification S.O.60(E), dated 27/01/1994
making Environmental Clearance (EC) mandatory for expansion or modernization of
any activity or for setting up new projects listed in the notification. A total of 30
projects were covered.

A major amendment in EIA notification of 1994 was done vide S.O.801(E), dated 7 th
July, 2004 when environmental clearance was made mandatory for infrastructure
projects as- (1) any construction project including new townships, industrial townships,
settlement colonies, commercial complexes, hotel complexes, hospitals and office
complexes with a population of greater than 1,000 (one thousand) persons or
discharging sewage of 50,000 (fifty thousand) litres per day or more or with an
investment of Rs.50,00,00,000/- (Rupees fifty crores) or more and (2) any industrial

estate accommodating industrial units in an area of 50 hectares or more but including

the industrial estates irrespective of area if their pollution potential is high.

The EIA notification of 1994 in spite of amendments done in it from time to time has
drawn flak on two key accounts (1) The applicants were approaching for environmental
clearance after obtaining clearances from a large number of authorities including
pollution control boards and thus their rejection was a contentious issue (2) The entire
process was centralized at the level of the Central Government and for a country as
diverse as India, it was very difficult for the public including NGOs to do proper
representation on the issues to the authorities.

The EIA notification of 1994 was thus withdrawn and replaced with a new notification
in September, 2006 (SO 1533E 14.9.2006). The EIA notification of September, 2006
made it clear that application for environmental clearance can be made just on
identification of prospective sites with a copy of the pre-feasibility project report or
conceptual plan. This was a major shift from notification in 1994 as no other clearance
is required while applying for environmental clearance. Thus if a project is rejected in
consideration stage itself, the project proponents cant pressurize for clearance on the
account that they had already gone for a large number of clearances from other
authorities. The September 2006 notification further delegated powers to state
governments to grant environmental clearance and accordingly categorized the projects
into Category A and Category B. The Category B projects are to be cleared at the
level of state governments whereas the Category A projects will be cleared at the level
of central government.

Taking into consideration the changes in paradigm of development whereby rapid

urbanization is taking precedence over industrial development, the September, 2006
notification further covers a large number of infrastructure projects namely airports,
ports and harbours, highways, ropeways, construction projects and township and area
development projects.

2.2 Environmental Impact Assessment Notification, 2006

As per EIA Notification 2006, the construction of new projects or activities or the
expansion or modernization of existing projects or activities listed in the Schedule to
the notification involving capacity addition with change in process and or technology
shall not be undertaken in any part of India without the prior environmental clearance
from the Central Government or by the State Level Environment Impact Assessment
Authority, duly constituted by the Central Government as the case may be, under subsection (3) of section 3 of the Act, in accordance with the procedure specified.

A) Requirements of prior Environmental Clearance (EC)

The projects or activities listed in the Schedule of notification shall require prior
environmental clearance from the concerned regulatory authority, the Central
Government in the Ministry of Environment, Forest and Climate Change for matters
covered under Category A in the Schedule and at the State level State Environment
Impact Assessment Authority (SEIAA) for projects falling under Category B in the
Schedule. The prior environmental clearance shall be required before the start of any
construction work or preparation of land by the project organization except for securing
the land. The following is the scope of the Projects or Activities covered for
environmental clearance:

i.

All new activities or projects listed in the Schedule to the notification.

ii.

Expansion and modernization of existing activities or projects listed in the

Schedule to the notification with accumulation of capacity beyond the limits
specified for the concerned sector i.e. activities or projects which after expansion
or modernization cross the threshold limits given in the Schedule.

iii.

Any alteration in product - mix in an existing manufacturing unit included in

Schedule beyond the specified range.

B) State Level Environment Impact Assessment Authority

The EIA Notification made provision for the constitution of a State Level Environment
Impact Assessment Authority (SEIAA) for any state or UT by the Central Government
under sub-section (3) of section-3 of the Environment (Protection) Act, 1986
constituted of three Members with a Chairman and a Member - Secretary to be
nominated by the concerned State Government or the Union territory Administration.
The Member-Secretary shall be an officer of the concerned State Government or Union
territory administration conversant with environmental laws. The other two Members
shall either be a professional or expert meeting the eligibility criteria given in Appendix
VI to the notification. One of the stated Members above who is an expert in the
Environmental Impact Assessment (EIA) process shall be the Chairman of the SEIAA.
The Chairman and non-official Member shall have fixed term of three years (from the
publication date of the notification by the Central Government constituting the
authority). All the decisions of SEIAA shall be unanimous and taken in a meeting.

Environmental Clearance Process

As per the Ministry of Environment, Forest and Climate Change EIA (Environmental
Impact Assessment) rules, the projects and activities are largely grouped into two
categories i.e. Category A and B based on the prospective impacts on human health,
and on human made and natural resources. Category A and Category B includes
industry, mining and big infrastructure projects as listed in the schedule of the EIA
notification and include construction projects.

A) Project Categorization

All projects and activities are broadly categorized into two categories - Category A
and Category B, depending on the extent of potential impacts on human health and
natural and manmade resources.

i) Category A: All projects or activities included as Category A in the Schedule,

including expansion and modernization of existing activities or projects and change in
product mix. All Category A projects require prior environmental clearance from the
Central Government in the Ministry of Environment, Forest and Climate Change
(MoEF&CC) on the recommendations of Expert Appraisal Committee (EAC) to be
constituted by the Central Government for the purposes of this notification.

ii) Category B: All projects or activities included as Category B in the Schedule,

including expansion and modernization of existing projects or activities as specified in
the Notification shall require prior environmental clearance from State Environmental
Impact Assessment Authority at the respective State level.

The State Environmental Impact Assessment Authority (SEIAA) shall base its decision
on the endorsements of the concerned State or Union territory level Expert Appraisal
Committee (SEAC) constituted for this purpose. If there is no duly constituted SEIAA
or SEAC, a Category B project shall be treated as a Category A project.

However, all those Category B projects which fulfil the General Conditions (GC)
stipulated in the Schedule have to obtain prior environmental clearance from the Expert

Appraisal Committee (EAC) in Ministry of Environment, Forest and Climate Change.

The General Condition (GC) is that any activity or project mentioned in Category B
will be treated as Category A, if the project or activity is located in whole or in part
within 10 km from the boundary of:

i. Notified Protected areas under the Wild Life (Protection) Act, 1972.
ii. Notified Critically Polluted areas by the Central Pollution Control Board (CPCB)
from time to time.
iii. Notified Eco-sensitive areas (Zones).
iv. Inter-State boundaries and International boundaries.

Provided that the stipulations regarding the Distance of 10 km of the interstate can be
reduced or completely done away by an mutual agreement between the respective
states or U.Ts Sharing the common boundary in case the activity does not fall within
10 km of the area mentioned at item (i), (ii) & (iii) above.

No screening is required for Category A projects. Category B projects are to be

further screened at the State level for categorization into either B1 or B2. To carry
out such categorization, Specific guidelines have to be evolved by MoEF&CC as per
the Notification.

B) Environmental Clearance (EC) Stages

Any company/ individual seeking prior environmental clearance in all cases has to fill
and submit the prescribed Form-1 and Supplementary Form-1A (if applicable) as given

in Appendix II of the EIA Notification (2006). This has to be done after the
identification of probable site(s) for the project and/or activities, before beginning of
any construction activity or preparation of land at the site by the applicant. The
applicant also has to furnish a copy of the pre-feasibility project report along with the
application. In case of construction activities or projects (given in item 8 of the EIA
Notification, 2006 Schedule) in addition to Form-1 and the Supplementary Form-1A,
copy of the conceptual plan has to be provided instead of the pre-feasibility report.

If a project falls in Category B, the project goes to state government for clearance
which further categorise it either B1 or B2 project. B2 projects not require
preparation of EIA reports. Obviously, the EC process for new projects is different (and
more detailed) than for existing projects. The environmental clearance (EC) process for
new projects comprises a maximum of four stages, all of which may not apply to a
particular case. The four stages in sequential order are:

Screening
Scoping
Public Consultation

Appraisal

Stage 1: Screening

The screening of the activity or the project is primarily to differentiate between projects
belonging to Category B which are to be cleared by the State Level Environmental
Impact Assessment Authority (SEIAA). This stage needs the scrutiny of the application
made in Form-1, for seeking prior environmental clearance, by the concerned State
level Expert Appraisal Committee (SEAC) for determining that whether or not the
activity or project requires further environmental investigation for preparation of an

Environmental Impact Assessment (EIA) report for its appraisal prior to the grant of
environmental clearance based on the nature and location specificity of the project. The
projects requiring an Environmental Impact Assessment report are termed as Category
B1 projects and remaining projects are termed as Category B2 which do not require
an Environmental Impact Assessment report. Regarding categorization of projects into
B1 or B2, the Ministry of Environment, Forest and Climate Change (MoEF&CC) is
mandated to issue appropriate procedures from time to time.
Stage 2: Scoping
Scoping is the stage in which the Expert Appraisal Committee (EAC) in the case of
Category A projects, and State level Expert Appraisal Committee (SEAC) in the case
of Category B1 projects determine detailed and comprehensive Terms of References
(TORs) covering all the relevant environmental concerns for the preparation of the EIA
report. In this step various aspects are determined that need to be studied in the EIA
report. The concerned EAC or SEAC determines the TORs on the basis of the
following:

information provided in the prescribed application Form-1/Form-1A including

TORs suggested by the applicant,

a site visit by a sub-group of concerned EAC or SEAC if considered necessary

by the concerned EAC or SEAC and

other information that may be available with the concerned EAC or SEAC.

However, construction/commercial complexes/townships/housing projects that fall

under Item 8 Category B of the schedule are exempted from the requirement of EIAs
and to be cleared merely on the basis of information in Form-1/Form-1A and the
conceptual plan.
The TORs are to be conveyed to the applicant within sixty days of the receipt of
Form-1. Clearance for pre-construction activities has also to be sent along with in case
of Category A Hydro-electric projects. If the finalized TORs are not conveyed to the

applicant within sixty days of the receipt of Form-1, the TORs submitted by the
applicant shall be deemed as the final TORs approved for the EIA studies. The final
approved TORs have to be made public as well. Furthermore, there is a provision to
reject prior environmental clearance applications at this stage itself by the concerned
regulatory authority. In case of rejection, the decision along with reasons for the same
has to be communicated to the applicant in written form within sixty days of the receipt
of the application.
Stage 3: Public Consultation
In Public Consultation stage the concerns of local affected persons and others who have
convincing stake in the environmental impacts of the activity or project are ascertained.
This stage of the EIA process is to consist of two aspects:

The public hearing process in which local affected people only, can participate.

The procedure for obtaining written comments of other concerned citizens.

All Category A and Category B1 projects or activities are to undergo Public Hearing.
The six projects or activities which have been exempted from this important stage of
Public Hearing are as under:

Modernization of irrigation projects

All activities or projects located within industrial estates or parks approved by

the concerned authorities which are not disallowed in such approvals.

Expansion of Highways and Roads which do not involve further acquisition of

land.
All Building /Construction projects / Townships and Area Development

projects.
All Category B2 activities and projects.
All activities or projects concerning national defence and security or involving
other strategic considerations as determined by the Central Government.

The procedure of public hearing has been well designed in the EIA Notification, 2006.
The prescribed limit for completing the public hearing process is fixed as a period of 45
days from date of receipt of the request letter from the Applicant. If the concerned State

Pollution Control Board (SPCB) or the Union Territory Pollution Control Committee
(UTPCC) fails to hold the public hearing within the specified 45 days then the Central
Government in Ministry of Environment, Forest and Climate Change (MoEF&CC) for
Category A projects and the State Government or Union Territory Administration for
Category B projects at the request of the SEIAA, will have to engage any other
agency or authority to complete the public hearing process, as per the procedure laid
down in the EIA Notification.
Stage 4: Appraisal
In the Appraisal stage the Expert Appraisal Committee or State Level Expert Appraisal
Committee undertake the detailed scrutiny of the application and other documents
submitted by the applicant for granting environmental clearance (EC). The projects or
activities which are exempted from EIA and public consultation are appraised only on
the consideration of the information in the application form and optional site visits.

Figure Various stages in EIA process

[Source: http://www.iied.org/docs/spa/dir_impassess.pdf]

2.3 Key Amendments in the EIA 2006 Notification

The Ministry of Environment, Forest and Climate Change from time to time has made
need based amendments to the EIA act 2006. The key amendments notified by the
MoEF&CC are as given below:i) Amendment dated 1st December, 2009 (MoEF&CC Notification S.O. 3067 dated
01.12.2009) : MoEF&CC notified that for Category B Projects irrespective of its
clearance by MoEF&CC or SEIAA, it was stipulated that the project proponent shall
prominently advertise in Newspapers indicating that the project has been accorded the
Environmental Clearance and the details of MoEF&CC website where it is displayed.
The MoEF&CC or SEIAA, as the case may be, shall also place the environmental

clearance in public domain on Government portal. The copies of the Environmental

Clearance shall be submitted by the project proponents to the Heads of the Local
Bodies, Panchayats and Municipal Bodies in addition to the relevant offices of the
Government who in turn has to display the same for 30 days from the date of receipt.
ii) Amendment dated 2nd December, 2009 (MoEF&CC O.M. dated 02.12.2009) :
MoEF&CC notified that all the Consultants/Public Sector Undertaking (PSUs) working

in the area of Environmental Impact Assessment (EIA) would have to get themselves
registered under the scheme of Accreditation and Registration of the National
Accreditation Board for Education & Training (NABET) a constituent of Quality
Council of India (QCI). Further mentioned that Consultant would be allowed the
consultancy only in the accredited sectors and parameters for bringing in more
specificity in the EIA document.
iii) Amendment dated 22nd March, 2010 (MoEF&CC O.M. dated 22.03.2010) : The
MoEF&CC vide notification dated 22 nd March, 2010 has decided that from 01.04.2010,
the prescribed TORs would be valid for two years for submission of the EIA/EMP
Reports, after public consultation where so required. This period will be extended to the
3rd year, based on proper justification and approval of the EAC/SEAC, as the case may
be. Further in case of TORs granted prior to issue of this notification, the EIA/EMP
reports should be submitted, after public consultation where so required, no later than
four years from the date of grant of TORs, with primary data not older than three years.
iv) Amendment dated 22nd August, 2014 (MoEF&CC O.M. dated 22.08.2014) :
The MoEF&CC vide notification dated 22nd August, 2014 has decided that:

The TORs prescribed for a project or activity will be valid for a period of two years
for submission of EIA and EMP report, except for River Valley and HEP projects
for which the validity of TORs will be for three years. The TORs will specifically
mention the date of expiry of validity and state that TORs will lapse after that date.

This period of validity can be extended by the Regulatory Authority concerned by a

maximum period of one year provided an application is made by the applicant to
the Regulatory Authority atleast three months prior the expiry of validity period,
together with an updated Form-I, based on proper reasoning and also
recommendation of the EAC/SEAC.

Some cases have come to the notice of Ministry of Environment, Forest and
Climate Change where application for extending the validity of TORs, as stated at
(a) above, was submitted by the project proponent and instead the project proponent
submitted complete proposal with EIA/EMP reports within the period for which it
could have obtained extension of TORs as stated at (b) above, for grant of

environment clearance. Strictly speaking, all such proposals, not being in line with
the existing instructions, should not be considered by the Regulatory Authority.
However, requests have been received for considering such proposals citing the
reasons that EIA / EMP reports have been submitted within the prescribed outer
time limit for validity of TORs, efforts put-in for preparing these reports, etc. It has
been decided that while such proposals received till the date of issuance of this O.M
may be considered by the Regulatory Authority, any such proposal after the
issuance of this O.M shall not be considered by the Regulatory Authority. The State
Pollution Control Boards (SPCBs) shall ensure that Public Hearing is held within
the timeline of 45 days as prescribed in the EIA Notification, 2006. The SPCBs
shall also ensure that Public Hearing is held within the validity period of the TORs,
and that no Public Hearing is held after the validity period of TORs is over. The
Public Hearing conducted after the expiry of the TORs shall not be accepted by the
Regulatory Authority for appraisal. The Public Hearing should be held well before
the expiry of validity of TORs so that EIA / EMP reports are submitted by
proponent within the validity period of TORs.

Extension of validity of TORs beyond the outer limit of three years for all activities
or projects and four years for River Valley and Hydro Electric Power projects shall
not be considered by the Regulatory Authority. In those cases, the project proponent
will have to start the process de novo and obtain fresh TORs in case the proponent
is still interested in obtaining the environmental clearance for the project. Re-use of
old base line data (provided it is not more than three years old) for the purpose of
preparation of fresh EIA and EMP (Environment Management Plan) report will be
considered subject to due diligence by the EAC/SEAC which may make suitable
recommendations including the need for revalidation. Base line data older than
three years will not be used for preparation of EIA / EMP report. In any case the
Public Hearing shall have to be conducted afresh in such cases.

Some instances have also come to the notice of the Ministry of Environment, Forest
and Climate Change wherein, though the EIA / EMP report is submitted by the
proponent within the validity period of TORs, the case remains pending for want of
submission of additional information from the proponent, State Government, etc.,
as wanted by the EAC / Ministry. This Ministry has already decided vide O.M. No.

J-11013/5/2009-IA-II (Part) dated 30.10.2012 that these cases will be delisted in

case the information is not received within six months. In certain cases the
proponents have been requesting for re-listing of their projects after the requisite
information has been submitted after considerable gap of time. For these cases, it
has been decided that they could be taken up provided the date of public hearing is
not more than three years old and the data used in preparation of EIA / EMP report
is not more than three years old. If these conditions are not met, the proponent will
have to start the process de novo after obtaining fresh TORs.

v) Amendment dated 7th October, 2014 (MoEF&CC O.M. dated 07.10.2014) : The
MoEF&CC vide notification dated 7th October, 2014 decided that the EACs/SEACs
should consider the proposal comprehensively at the scoping stage itself and the
requisite information/studies should be sought from the proponent in one go while
prescribing the TORs. While appraising the project, the concerned EAC/SEAC may
satisfy itself that the TORs have been appropriately addressed in the EIA/EMP reports
and ensure that no fresh issues are raised unless it turns out that the information
provided by the Project Proponent at the time of scoping was wrong and misleading.
vi) Amendment dated 7th October, 2014 (MoEF&CC O.M. dated 07.10.2014) : The
MoEF&CC vide notification dated 7th October, 2014 has categorised the EC conditions
and decided that the conditions under both General and Specific and both for
category A and B projects would be categorised as under:

Conditions for Pre Construction phase.

Conditions for Construction phase.
Conditions for Post Construction/operation phase.
Conditions for entire life of the project.
vii) Amendment dated 5th December, 2014 (MoEF&CC O.M. dated 05.12.2014 for
use of ENVIS Website) : The MoEF&CC vide notification dated 5th December, 2014
has requested all concerned to make use of ENVIS Website for appraisal of projects for
environment clearance, forest clearance, wildlife clearance and other areas of work.

2.4 Environmental Impact Assessment Notification, 2006 in reference to

Construction Projects
The construction projects in the EIA notification are listed as Activity at S. No. 8 and
categorized as below:
Table - Listing of Construction Projects in EIA, 2006 Notification
Project or
Activity

Category with threshold limit

A

Conditions if any

8(a)

Building and
Construction
projects

Building /Construction projects/Area Development projects &

Townships
20000 sq. m. and *(built up area for covered construction; in
<1,50,000 sq. m. of the case of facilities open to the sky, it will
built-up area*
be the activity area)

8(b)

Townships
and Area
Developmen
t
projects

Covering an area
50
ha and or built up
area
1,50,000 sq.m **

**All projects under Item 8(b) shall be

appraised as Category B1

The general conditions (GC) are not applicable for construction projects.
A) Amendments in EIA Notification 2006 in relation to Activity 8 i.e.
Construction Projects
The Ministry of Environment, Forest and Climate Change from time to time has made
need based amendments to the EIA act 2006. The key amendments notified by the
MOEF&CC as concerned with Building Construction and Township projects are as
given below:i) Amendment dated 15th May, 2007 (F.No. J-12011/13/2005-IA (CIE) part dated
15.05.2007) : The MoEF&CC notified Manuals for Environmental Clearance of
Large Construction Projects as Technical guidelines to assist the project proponent/
stakeholders/ consultants for preparation of Environmental Clearance. All
construction projects to be appraised by EAC or SEAC on the basis of Manuals.
Further given the pointing criteria for Environmental Grading of projects as

Platinum (90-100 points), Gold (80-89 points), Silver (60-79 points) and
Bronze (40-59 points). The State Pollution Control Boards shall verify the
compliance of Environmental Management Plans & observance the criteria of
gradation by the Project Proponents.
ii) Amendment dated 4th April, 2011 (MoEF&CC Notification S.O. 695 dated
04.04.2011) : It was notified that the built up area for the purpose of 14 th September,
2006 notification would be the built up or covered area on all the floors put together
including the basement(s) and other service areas which are proposed in the
building/ construction projects.
iii) Amendment dated 10th May, 2011 & 27th June, 2011 (MoEF&CC O.M. dated
10.05.2011 & 27.06.2011): It was decided that proposals for obtaining
Environmental Clearance in respect of Building and Construction projects which
have obtained Green Building rating (Pre-Certification or Provisional Certification)
under the rating programmes of GRIHA, IGBC including LEED India etc. shall get
priority for their consideration, out of turn, by the EAC/ SEAC.
iv) Amendment dated 7th February, 2012 (MoEF&CC O.M. on High Rise Buildings
dated 07.02.2012): The MoEF&CC vide notification dated 07th February, 2012
prescribed requirements for High Rise Buildings. For buildings more than 15m
height all necessary fire fighting equipment shall be in place before the occupancy
of the building. Minimum width of the road (right of way) and location of fire
station was prescribed for various heights of buildings as under:a) Minimum width of the road (right of way)
Table - 2.2: Minimum width of road (right of way) for various heights of buildings
S. No.

Height of Building

a)
b)
c)
d)

between 15 m 30 m
between 30 m 45 m
between 45 m 60 m
above 60 m

Width of the road (right of way)

Minimum
Desirable
15 m
18 m
24 m
30 m

18 m
24 m
30 m
45

b) Location of Fire Station

Table - 2.3: Location of fire station for various heights of buildings
S.

Height of Building

No.
a)
b)
c)

between 30 m 45 m
between 45 m 60 m
above 60 m

Location of Fire Station

Minimum
Desirable
Within 10 Km
Within 05 Km
Within 02 Km

Within 05 Km
Within 02 Km
Within 10 minutes driving distance

Mandatory Mock-up drills, requirement for NOC from fire Department & National/
State Disaster Management Authority were prescribed. It was further notified that
SEIAA may decide to have the provision of more stringent than the prescribed
guidelines for projects, if the local circumstances so warrant.
v) Amendment dated 04th December, 2012 (MoEF&CC Notification dated
04.12.2012) : The MoEF&CC notified Sector Specific Model TORs to assist the
project proponent/ stakeholders/ consultants.
vi) Amendment dated 19th June, 2013 (MoEF&CC O.M. dated 19.06.2013) : The
MoEF&CC vide notification dated 19th June, 2013 decided as under:
a) Timelines stipulated in the EIA Notification, 2006 shall be strictly adhered to by
SEIAA and SEAC while processing the proposals for TOR/EC for the building
and construction projects and township and area development projects.
b) SEIAA/SEAC may only focus on the thrust areas of environmental
sustainability while appraising the Building and Construction and Township
and Area Development projects i.e. Brief Description of the Project,
Environmental Impacts on Project Land, Water, Waste Water Treatment, natural

slope and drainage pattern, Ground water, Solid Waste Management, Air
Quality and Noise Levels, Energy requirements, Traffic Circulation, Green
Belt/Green cover, Disaster/Risk Assessment and Management Plan, Socio Economic
Impacts, EMP during construction and operational phases, Any other related

parameter of the project which may have any other specific impact on
environmental sustainability and ecology.
The SEIAA/SEAC need not focus on the other issues which are normally looked
after by the concerned local bodies/ State Government Departments/SPCBs.

vii)Amendment dated 22nd August, 2013 (MoEF&CC S.O. 2559 (E), dated
22.08.2013): The MoEF&CC vide notification dated 22 nd August, 2013 decided
that all projects and activities listed as Category B in item 8 of the Schedule
(Construction or Township or Commercial Complexes or Housing) shall not require
scoping. These projects and activities shall be appraised on the basis of Form-I or
Form-IA and the conceptual plan.
viii) Amendment dated 22nd December, 2014 (MoEF&CC S.O. 3252 (E), dated
22.12.2014) : The MoEF&CC vide notification dated 22nd December, 2014 has
amended

the

Schedule,

under

Column

(1),

for

item

relating

to

Building/Construction Projects/Area Development Projects and Townships and subitems 8 (a) and 8 (b) and the entries relating thereto as under:Table - Amended Schedule in EIA, 2006 notification for Building/Construction
Projects/Area Development Projects and Townships and sub-items 8 (a)
and 8 (b)
Project

Category with threshold

or

limit

Activity
8
8(a)

Conditions if any

B
Building /Construction projects/Area Development projects &

Building &

Townships
>20000

The term built up area for the purpose of this

Construction

sq.m.

notification is the built up or covered area on all

projects

and <

floors put together, including its basement and

1,50,000

other service areas, which are proposed in the

sq. m. of

building or construction projects.

built up area

Note 1: The projects or activities shall not include

industrial

shed,

school,

college,

hostel

for

educational institution but such buildings shall

ensure sustainable environmental management,
solid and liquid waste management, rain water
harvesting and may use recycled materials such as
fly ash bricks.
8(b)

Townships

Covering an

Note 2: General Conditions (GC) shall not apply.

The project of Township & Area Development

Project

Category with threshold

or

limit
A

Activity

Conditions if any

& Area

area of >

Projects covered under this item shall require an

Developmen

50 ha and or

Environment Assessment report and be appraised

built up area

as Category B1 Project.

projects.

> 1,50,000

Note: General Conditions (GC) shall not apply.

sq. m.

ix) Clarification dated 5th March, 2015 (MoEF&CC Clarification for S.O. 3252
(E), dated 05.03.2015) : The MoEF&CC vide notification dated 5th March, 2015
has clarified that The word 'Industrial Shed' implies building (whether RCC or
otherwise) which is being used for housing plant and Machinery of industrial units
and shall include Godowns and buildings connected with production related and
other associated activities of the unit in the same premises.
Ministry of Environment, Forest and Climate Change in April, 2015 has published
Standard Terms of Reference (TOR) for EIA/EMP Report for Projects / Activities
requiring environment clearance under EIA Notification 2006. The standard terms of
reference has been prepared for guiding the Project Proponent on preparation of EIA /
EMP Report and expediting the process of Environmental Clearance without
compromising environmental norms and the rigor of environment impact assessment.
2.5 PARTICIPANTS IN AN EIA

The EIA would involve the participation of people with various intents and expertise.
In case of EIA studies, these persons are grouped into the categories as under:
i.

Proponent A project proponent or proponent is a person who needs the

environmental clearance who is interested to start any of the projects requiring
EIA. They are also mentioned as developers.

ii.

Stakeholder The persons having chances to be possibly affected by the

particular project are called stakeholders. The general public in that particular
area is included in the stakeholders of any project.

iii.

Assessor The technical personnel/ agency that carries out EIA scrutiny and
prepares EIA report for the project proponent is referred to as assessors.

iv.

Reviewer The Government official /technical person or agency, who reviews

the Environmental Impact Statement (EIS) for the Government is called
reviewer.

v.

Decision Makers The Government Organization that provides environmental

clearance after studying the Environmental Impact Statement (EIS) are called
decision makers.

vi.

Special Interest Groups Local NGOs, Associations and technical agencies that
have interest in the development of the project are special interest groups.

vii.

Experts For any problem in a specific environment, the assessor would need to
seek the assistance of experts in that particular subject. They are also a vital part
of EIA.

2.6 IMPACT ANALYSIS

Impact analysis is the heart of EIA which is done to predict the impacts of the project or
activity, assess their significance and establish measures to avoid, reduce or compensate
for the impacts. The impacts on the following environmental factors are predicted and
evaluated (1) Air Environment (2) Land Environment (3) Ground Water Environment
(4) Surface Water Environment (5) Noise Environment (6) Biological Environment (7)
Cultural Environment (8) Socio-Economic Environment and (9) Visual Environment.
The impact analysis process is done through six steps:

Identification

of Potential Impacts: This process is an extension of scoping, where the

main impacts are forecasted depending on baseline data. This is done normally by
Checklist Method, Adhoc method and Matrix methods.
Description

of Existing Environment: Involves the collection of all pertinent

environmental data pertaining to the project site for all seasons. The noticeable

methodologies for this step are Literature Review and conducting practical studies,
where necessary.
Procurement

of Relevant Byelaws: Involves collection of relevant standards,

regulations and bye-laws and understanding the level and quantity of impact that
may be permissible.
Prediction

of Impacts: In prediction, a methodical characterization of impacts, causes

and effects and their secondary, synergetic significances for the environment and
local community is done. Prediction is done by the Matrix methods, Checklist
methods, Network Methods, Literature Review and proficient judgments.

Assessment of Significant Impacts: If an activity or project is found to cause an

impact, then mitigation methods should be adopted. However, not all foreseen
impacts may really cause an impact. This step evaluates the predicted adverse
impacts to decide whether they are significant enough to warrant mitigation. This is
done by a blend of methodologies like adept consultation, mathematical modelling,
comparison with byelaws etc.

Incorporation of Mitigation Measures: For the impacts found to be really significant,

alternative action or mitigation measures becomes a necessity to avoid the impact. It
will generally include a blend of legally-mandated criteria, technical/scientific
criteria, and social acceptability criteria. Alternate design process and sites should be
critically inspected to maximize the positive environmental impacts, socio-economic
benefits and profitability, and minimize the temporary adverse impacts. The
methodology for this step includes cost benefit analysis, consultation with
stakeholders and decision makers etc. At this stage, an action plan should be
prepared for impacts and mitigation called Environmental Management Plan (EMP).
EMP may include technical control measures, monitoring, integrated monitoring
scheme, emergency and contingency schedules etc.

2.7 PREPARATION OF EIA REPORT (EIS)

The report submitted after carrying out environmental impact assessment is called
Environmental Impact Statement (EIS). This step aims to provide the decision makers
with necessary and correct information to aid their process. The assessor should
produce an EIA report which should be made available to the public for giving inputs
and later revised thoroughly to frame the final Environmental Impact Statement. An
Environmental Impact Assessment report typically contains (a) An exclusive summary
of EIA outcomes (b) An explanation of the project and no project scenario (c) Major
environmental and natural issues requiring clarification (d) The impacts of the project
or activity on the environment and data pertaining to how they were identified and
expected (e) Discussion of various mitigation options and rationale behind choosing a
particular one (f) An overview of gaps and uncertainties & finally (g) overview of EIA
for the general public. All the above should be presented in a very concise, easy to read
document with cross references to background information. Most importantly, many
visual aids should be incorporated to make the information lucid and understandable.
2.8 REVIEW OF EIA

This step in EIA process is to check that if the EIA has been done properly and that EIS
(EIA report) is adequate. This process is generally done by a reviewer (in few cases the
decision maker may himself verify and function as a reviewer). The reviewer would
verify the EIA report for sufficiency and relevance of assessment. The process involves
selection of reviewers, setting review/verification criteria, proportioning and scaling of
reviews and recommend suitable action etc. The reviewing is generally done by various
approaches like checklists, public review, expert opinion, assessment with TOR etc.
While reviewing, reviewer sets a scale of reviewing and gives the project a final grade
between A to F, with A well performed and F unsatisfactory and from B to E from
satisfactory to insufficient. Apart from the rating, the reviewer would add the following
(1) A brief overview of the strengths and weaknesses of report (2) Any needs for further
investigation (3) any terms/conditions that should be applied if proposal is granted.

2.9 DECISION MAKING

The most critical and the penultimate step in EIA process is decision making. The
decision makers although affiliated with the Government are persons who were not
closely involved in that particular EIA study. It is alike to our Lab Examinations, where
our examiner is not associated with our activities, but yet a proven expert in that field.
The decision makers examine the EIA report and the review of the EIA report
statement, consider the practical realities, put in their experience and knowledge and
decide for the course of action. However, well rated reviews get the nod of the decision
makers, it is not mandatory for the decision maker to grant clearance based on review.
At the end of this stage, the proposal either gets the environmental clearance or is asked
to revise the proposal in some areas or asked to rewind based on the nature, level and
magnitude of impacts. The Environment Management Plan (EMP) is the most crucial
document and once the proponent gets environment clearance, he has to follow the
EMP. After the issue of environmental clearance, the project proponent can start the
project.

2.10 VALIDITY OF EC

The Validity of Environmental Clearance indicates the period from which a prior
environmental clearance is granted by the regulatory authority, or may be assumed by
the applicant to have been granted as per the Notification (2006), to the start of
manufacturing operations by the activity or project, or completion of all construction
activities in case of construction projects (item 8 of the Schedule) for which project the
application for prior environmental clearance was made. Following is the validity time
period for various projects/activities:-

Maximum 30 years for mining projects.

10 years for River valley projects.

 5 years for all other projects.

Limited period for Area development projects till the developer is responsible.

The Validity may be extended to another 5 years by submitting an application in

updated Form-1 and supplementary Form-1A by project proponent within the validity
period.

2.11 POST EC MONITORING

The EIA Notification made it mandatory for the project management/organisation to

submit half-yearly compliance reports in respect of the specified prior environmental
clearance terms and conditions. The compliance reports, both in hard and soft copies
have to be submitted to the concerned regulatory authority, on the 1 st of June and 1st of
December of each calendar year. All the compliance reports submitted by project
management/organisation shall be public documents, the copies of the same can be
obtained by any individual from the concerned regulatory authority by due procedure.
The most recent such compliance report shall also be displayed on the web site of the
concerned regulatory authority.