MODULE 2

E I A L E G I S L AT I O N : C R I T E R I A A N D S TA N D A R D S F O R
A S S E S S I N G S I G N I F I C A N T I M PA C T
E N F O R C E M E N T S O F E N V I R O N M E N TA L A C T S , R U L E S A N D
R E G U L AT I O N S
RISK ASSESSMENT
P U B L I C PA R T I C I PAT I O N A N D I N V O LV E M E N T.
 EIA POLICY AND LEGISLATION
• According to European Union EIA directive, the key provisions include:
– Broad definition of the effects to be considered
– Mandatory application for specified projects
– Requirement to submit an EIA report: EIS
– Types of information to be provided by developer: Baseline Information
– Outline of alternatives studied and reasons
– Submission to be made available for public comment
– Results of consultations and information must be taken into consideration in
decision-making
– Content and reasons for decisions made public
– Detailed arrangements for public consultation to be drawn up by Member States
EIA LEGISLATIONS
 Underlying basis, spirit and preamble
 Protect environment and control pollution

 Environment Protection Act 1986 (May 1986)

complimentary

 Environment Protection Rules 1986 (Nov 1986)

 Section 5 Environment Protection Rules 1986: Prohibitions and restrictions on the

location of industries; carrying on of processes and operations in different areas

 EIA 1994
 Environment Protection Act 1986

 Discharge internationally agreed obligations under Rio Declaration (1992)

 EIA 2006 is supersession of EIA 1994, except in respect of things done or omitted to be
done before such supersession
 EIA 2006 - Preamble
 Copies of the said notification were made available to the public on 15 th September 2005

 Objections and suggestions received in response to the above-mentioned draft notification

have been duly considered by the Central Government

 Central Government hereby directs that on and from the date of its publication (14th
September 2006)
 the required construction of new projects or activities or the expansion or

modernization of existing projects or activities listed in the Schedule to this notification

entailing capacity addition with change in process and or technology shall be
undertaken in any part of India only after the prior environmental clearance from
the Central Government or as the case may be, by the State Level Environment
Impact Assessment Authority, duly constituted by the Central Government under sub-
section (3) of section 3 of the said Act, in accordance with the procedure specified
hereinafter in this notification.
 Categorization of projects and activities

 All projects and activities are broadly categorized in to two categories

- Category A and Category B
 spatial extent of impacts

 Magnitude of impacts on natural and anthropogenic resources

 Magnitude of impacts on human health

Requirements of prior Environmental Clearance (EC)

 Which projects require EC?

 Projects listed in the schedule to notification (as

Category A and B projects)

 All new projects or activities listed in the Schedule to

this notification
 Expansion and modernization of existing projects or

activities listed in the Schedule to this notification

 Any change in product - mix in an existing

manufacturing unit included in Schedule

 Requirements of prior Environmental Clearance (EC)
 Who is responsible to grant the EC?

 Category A projects: Central Government in the Ministry of Environment

Forests and climate change (MoEFCC)
 Base decisions on the recommendation by Expert Appraisal Committee

(EAC)
 Category B projects: At state level the State Environment Impact Assessment
Authority (SEIAA)

 The SEIAA shall base its decision on the recommendations of a State or Union
territory level Expert Appraisal Committee (SEAC) as to be constituted for in
this notification

 In the absence of a duly constituted SEIAA or SEAC, a Category ‘B’ project shall be
treated as a Category ‘A’ project
 State Level Environment Impact Assessment Authority
(SEIAA)

 an authority constituted by the Central Government under

sub-section (3) of section 3 of the Environment (Protection) Act,
1986;
 comprising of three Members

 Chairman and a member–secretary to be nominated by the State

Government or the Union territory Administration

 All decisions of the SEIAA shall be unanimous and taken in a

meeting
 Expert Committees for Screening, Scoping and
Appraisal (EAC and SEAC)
 Expert Committees
 Expert Appraisal Committees (EACs) at the Central Government
 State Expert Appraisal Committees (SEAC) at the State or the Union territory (selected by
Central ministry and SEIAA)

 Responsible for screening, scoping and appraising projects

 Procedure for selection and maintenance of EAC and SEAC is given in

notification
 Stages in EC process
 Stage 1: Screening (Only for Category ‘B’ projects and activities)
 Stage 2: Scoping
 Stage 3: Public Consultation
 Stage 4: Appraisal

 Sequential order
 all of which may not apply to particular cases as set forth in this notification
 Stage 1: Screening
 Only for Category B projects and activities to determine if they need EIA

 Category A projects compulsorily need EIA

 Scrutiny of an application seeking EC by SEAC for determining whether the project or activity
requires further environmental studies
 Form 1
 Form 1A

 Classify projects as B1 (require EIA) and B2 (don’t require EIA)

 For categorization of projects into B1 or B2, the MoEFCC shall issue appropriate guidelines
from time to time
 Stage 2: Scoping
 Who does the scoping?
 Expert Appraisal Committee (EAC) in the case of Category ‘A’ projects or

activities
 State level Expert Appraisal Committee (SEAC) in the case of Category ‘B1’

projects

 Determine comprehensive Terms Of Reference (TOR) addressing all relevant

environmental concerns for preparation of an Environment Impact Assessment
(EIA) Report based on
 on the basis of the information furnished by applicant in the prescribed

application Form1/Form 1A including the baseline studies proposed by the

applicant
 a site visit by a sub- group of EAC or SEAC only if considered necessary
 Stage 2: Scoping

 If TOR not finalized and conveyed to the applicant within sixty days of
the receipt of Form 1, TOR suggested by the applicant shall be deemed
as the final TOR approved for the EIA studies

 Approved TOR shall be displayed on the website of the MoEFCC or the

concerned SEIAA

 Applications for EC may be rejected at this stage itself

 the decision together with reasons for the same shall be

communicated to the applicant

 Prepare EIA draft report

 Stage 3: Public consultation
 Process by which the concerns of local affected persons and
others who have plausible stake in the environmental impacts of
the project or activity are ascertained

 All Category ‘A’ and Category B1 projects or activities shall

undertake Public Consultation
 Public Involvement
 Need:
 Inform the stakeholders about the proposal

and its likely effects

 Canvass their inputs, views and concerns

 Take account of the information and views of

the public in the EIA and decision making.

 Key objectives
 Obtain local and traditional knowledge that may be useful for decision-
making;
 Facilitate consideration of alternatives, mitigation measures and
tradeoffs;
 Ensure that important impacts are not overlooked and benefits are
maximised;
 Reduce conflict through the early identification of contentious issues;
 Provide an opportunity for the public to influence project design in a
positive manner (thereby creating a sense of ownership of the proposal);
 Improve transparency and accountability of decision-making; and
 Increase public confidence in the EIA process.
 Examples of the contribution of public involvement to project design
Project Example
Adapted from The World Bank (1995)

This project seeks to improve natural resource management. Public

consultations drove the entire project design process from the very beginning.
Ghana Investments under the village-level land and water resource management
Environmental component were entirely designed by the local communities, which diagnosed
Resource problems, developed action plans and are now responsible for implementation.
Management A coastal wetlands component was also largely designed through local consultation.
Project Affected communities and user groups participated in the demarcation of ecologically
sensitive areas and in determining the levels of resource use and conservation in
coastal wetlands.

The original design would have had a negative impact on two communities. By
Brasil Espirito Santo including these communities in the EIA process through information disclosure and
Water Project consultation, satisfactory mitigation measures were achieved that counterbalanced
the impacts and improved local living conditions.
 Levels and forms of public involvement

Level Form of involvement

Informing One way flow of information from the proponent to the public

Two way flow of information between the proponent and the public with
Consulting
opportunities for the public to express views on the proposal

Interactive exchange between the proponent and the public

Participating encompassing shared analysis and agenda setting and the development
of understood and agreed positions on the proposal and its impacts

Face to face discussion between the proponent and key stakeholders to

Negotiating build consensus and reach a mutually acceptable resolution of issues, for
example on a package of impact mitigation and compensation measures
 Stage 3: Public consultation
 Public Consultation shall ordinarily have two components

 public hearing at the site or in its close proximity- district

wise, to be carried out in the manner prescribed in Appendix IV,
for ascertaining concerns of local affected persons

 obtain responses in writing from other concerned persons

having a plausible stake in the environmental aspects of the
project
 Component 1: Public hearing
 Public hearing shall be conducted by the State Pollution Control Board (SPCB)
 forward proceedings to the regulatory authority concerned within 45 days

 If not appoint another independent organization to do the same within another

45 days

 If the public agency nominated reports that it is not possible to conduct the public
hearing in a manner which will enable the views of the concerned local persons to
be freely expressed
 It shall report the facts in detail to the concerned regulatory authority

 After due consideration of the report shall rule that the public consultation in

the case need not include the public hearing

 Component 2: Responses from other concerned persons

 Invite responses from such concerned persons by placing on their website the Summary
EIA report

 Use other appropriate media for ensuring wide publicity about the project

 Within seven days of the receipt of a written request for arranging the public hearing

 Confidential information including non-disclosable or legally privileged information involving

Intellectual Property Right shall not be placed on the 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
 After public consultation…
 Applicant shall address all environmental concerns expressed during this
process

 Make appropriate changes in the draft EIA

 Final EIA report shall be submitted by the applicant to the concerned

regulatory authority for appraisal
 Stage 4: Appraisal
 Detailed scrutiny by the EAC or SEAC of
 documents like the Final EIA report
 outcome of the public consultations including public hearing proceedings
 submitted by the applicant to the regulatory authority concerned for grant of
environmental clearance

 Appraisal of all projects or activities which are not required to undergo public consultation, or
submit an Environment Impact Assessment report (Category B2) shall be carried out on the
basis
 prescribed application Form 1

 Form 1A

 any other relevant information

 Stage 4: Appraisal

 EAC or SEAC shall

 shall recommend to the regulatory authority concerned
 either for grant of prior environmental clearance on stipulated terms and conditions
 or rejection of the application for prior environmental clearance, together with reasons for the same.

 Prescribed procedure for appraisal is given in Appendix V

 Grant or Rejection of EC
 The regulatory authority shall consider the recommendations of the EAC or SEAC concerned
and convey its decision to the applicant

 The regulatory authority shall normally accept the recommendations of the Expert Committees

 In cases where it disagrees with the recommendations of the Expert Committee (Central or
State), the regulatory authority shall request reconsideration by the Central or State Expert
Appraisal Committee

 After reconsideration, irrespective of views of Expert Committee, decision of the regulatory

authority concerned shall be final
 Grant or Rejection of EC
 If decision not granted within stipulated time, the applicant may proceed as if the
environment clearance sought for has been granted or denied by the regulatory authority in
terms of the final recommendations of the Expert Committee concerned

 Deliberate concealment and/or submission of false or misleading information or data which is

material to screening or scoping or appraisal or decision on the application shall make the
application liable for rejection

 Rejection of an application or cancellation of a prior environmental clearance already granted

shall be decided by the regulatory authority, after giving a personal hearing to the applicant,
and following the principles of natural justice
 Validity of Environmental Clearance
 Ten years in the case of River Valley projects

 Thirty years for mining projects

 Five years in the case of all other projects and activities

 Area Development projects and Townships, the validity period shall be limited
only to such activities as may be the responsibility of the applicant as a
developer
 Post Environmental Clearance Monitoring

 Mandatory for the project management to submit half-yearly

compliance reports in respect of the stipulated prior environmental
clearance terms
 Summary of EIA process
and Rough Timelines Who does it?

Submission of application (Form 1, prelim reports) Investor

Stage 1: Screening; Decide project A, B1 or B2

Expert
60 days
Committee
Stage 2: Scoping; Come up with Terms of Reference (TOR)

Prepare preliminary EIA report Investor

State Pollution
45 days Stage 3: Public consultation (2 components) Control Board
Update EIA report (Investor)
Expert
60 days Stage 4: Appraisal
Committee
15 days
Regulatory
30 days Final Decision
Authority
 Loopholes and deficiencies
 Stage 1 - Screening
 Based on info (form 1, 1A) supplied by investor

 Pre-feasibility report and conceptual plan - no guidelines or requirements,

thereby no need to address environmental issues

 Stage 2 - Scoping
 No public participation in scoping process - local knowledge about what

environmental concerns should be investigated is not given consideration

 Strict timeline – not a continuous process

 Biased in securing favorable Terms of Reference (TOR) for investors

 Access to TOR limited

 Loopholes and deficiencies
 Stage 3 – Public consultation
 Unclear wording and definitions

 Can be avoided if regulatory agency feels it difficult to conduct it owing to local

situation
 Public consultation shall ordinarily have two components

 Other concerned persons having plausible stake shall submit responses only in

writing
 Hearing shall be conducted at the site or in its close proximity

 No quorum required for holding public consultation

 Huge list of exemptions for certain types of projects that cause deep environmental
impact without justification
 Weak wording that widens the scope of these exemptions

 Tight timeline: 45 days from the time requested by the investor

 Loopholes and deficiencies
 Limiting access to information
 Only summary EIA report made available, not the full EIA with all TOR from

the scoping process

 Confidential information need not be disclosed in summary EIA

 Publicity
 Use of internet as the main means

 No definition on how publicity should be carried out

 Erosion of constitution of panel conducting public hearing

 EIA 2006 mentions only District Magistrate and a representative of SPCB

 EIA 1994 had District Collector, representatives of state dealing with the

project, reps from panchayats, senior citizens from the area, reps of SPCB
 Loopholes and deficiencies
 Appraisal
 No public participation

 Arguments between regulatory authority and expert committee made

known only to investor and not to public

 Iron hand given to regulatory authority to make final decision – Expert

committee opinion can be disregarded

 Deemed Clearance: Incase decision is not given within the prescribed

timelines, applicant may proceed as though clearance has been granted
or denied
 Summary of EIA process
and Rough Timelines Who does it?

Submission of application (Form 1, prelim reports, ToR) Investor

Stage 1: Screening; Decide project A, B1 or B2

Expert
60 days
Committee
Stage 2: Scoping; Come up with comprehensive Terms of Reference (TOR)

Prepare preliminary EIA report Investor

State Pollution
45 days Stage 3: Public consultation Control Board
Update EIA report (Investor)
Expert
60 days Stage 4: Appraisal
Committee
15 days
Regulatory
30 days Final Decision
Authority
 Critical Analysis of draft EIA 2020
 EIA is a process by which any new infrastructural development project for
example, the construction of a highway or dam etc. needs to get
Environmental Clearance (EC) from the concerned regulatory authority.

 The process affords an opportunity to the authority to assess the adverse

impacts that the proposed new project would be having on our environment.

 EC is then either given or rejected based on doing a cost benefit analysis and
weighing the benefits of the project against the requirement for sustainable
development. This allows the State to maintain a harmonious balance between
the two.
 Salient features of new draft notification
 Replacement of the incumbent 4-Stage Process by a 6-Stage process
 Effective Increase in the Number of Categories of Projects
 A projects (require prior EC from the Ministry),
 B1 projects fulfilling General Conditions mentioned in Clause 30 (require prior
EC from the Ministry),
 B1 projects not fulfilling General Conditions mentioned in Clause 30 (require
prior EC from SEIAA or UTEIAA),
 B2 projects which are required to be placed before Appraisal Committee
(require prior EC from SEIAA or UTEIAA), and
 B2 projects not required to be placed before the Appraisal Committee (require
prior EP from SEIAA or UTEIAA).

 Environmental Permission
 Parivesh
 PARIVESH is a web based, role based workflow application which
has been developed for online submission and monitoring of the
proposals submitted by the proponents for seeking Environment,
Forest, Wildlife and CRZ Clearances from Central, State and
district level authorities.

 It automates the entire tracking of proposals which includes

online submission of a new proposal, editing/updating the details
of proposals and displays status of the proposals at each stage of
the workflow.
 RISK
ASSESSMENTS
H O W A N D W H AT
 RISK ASSESSMENT

“A systematic evaluation of the work place and/or

other activities which identifies the hazards
present and gives an estimate of the extent of the
risks involved”
 HAZARD

Anything that may cause harm

The property of a substance or situation

with the potential for creating damage
 RISK
The probability of harm occurring
Chance of exposure to the hazard
X Consequences (severity)
Risk: the likelihood of a specific effect within a
specified period
complex function of probability, consequences and
vulnerability
 RISK ASSESSMENT

Risk assessment is a term used to describe the overall process or method where
you:
Identify hazards and risk factors that have the potential to cause harm (hazard
identification).
Analyze and evaluate the risk associated with that hazard (risk analysis, and
risk evaluation).
Determine appropriate ways to eliminate the hazard, or control the risk
when the hazard cannot be eliminated (risk control)
RISK ASSESSMENT

Risk analysis is teamwork

Ideally risk analysis should be done by bringing together experts
with different backgrounds:
– chemicals
– human error
– process equipment

Risk assessment is a continuous process!

 TERMINOLOGIES USED
• The Canadian Standards Association (CSA) Z1002 Standard "Occupational health and safety has put forth
certain terms:
Risk assessment - the overall process of hazard identification, risk analysis, and risk evaluation.
Hazard identification - the process of finding, listing, and characterizing hazards.
Risk analysis - a process for comprehending the nature of hazards and determining the level of risk
(1) Risk analysis provides a basis for risk evaluation and decisions about risk control.
(2) Information can include current and historical data, theoretical analysis, informed opinions, and the concerns
of stakeholders.
(3) Risk analysis includes risk estimation.
Risk evaluation - the process of comparing an estimated risk against given risk criteria to determine the
significance of the risk.
Risk control - actions implementing risk evaluation decisions.
• Note: Risk control can involve monitoring, re-evaluation, and compliance with decisions.
 IMPORTANCE OF RISK ASSESSMENT
• Risk assessments are very important as they form an integral part of an occupational health and safety
management plan.
• Create awareness of hazards and risk.
• Identify who may be at risk (e.g., employees, cleaners, visitors, contractors, the public, etc.).
• Determine whether a control program is required for a particular hazard.
• Determine if existing control measures are adequate or if more should be done.
• Prevent injuries or illnesses, especially when done at the design or planning stage.
• Prioritize hazards and control measures.
• Meet legal requirements where applicable.
 AIM OF RISK ASSESSMENT

To understand
• What can happen and under what circumstances?
• What are the possible consequences?
• How likely are the possible consequences to occur?
• Is the risk controlled effectively, or is further action
required?
WHEN SHOULD A RISK ASSESSMENT BE DONE?

• There may be many reasons a risk assessment is needed,

including:
• before new processes or activities are introduced,
• before changes are introduced to existing processes or
activities, including when products, machinery, tools, equipment
change or new information concerning harm becomes available,
or
• when hazards are identified.
RISK ASSESSMENT
System definition

Hazard identification
• Scheme for qualitative and
Analysis of accident scenarios quantitative assessments
• At all steps, risk reducing
Estimation of accident frequencies
measures need to be considered
Consequence analysis and modelling

Risk estimation
RISK ANALYSIS – MAIN STEPS
Risk Analysis

Hazard Identification • Checklists

• HAZOP
• Task analysis
Hazard & Scenario Analysis
• Index (Dow, Mond)

Likelihood Consequences

Risk
RISK ANALYSIS – MAIN STEPS
Risk Analysis

Hazard Identification

Hazard & Scenario Analysis • Fault tree analysis

• Event tree analysis
Likelihood Consequences
• Bowties
• Barrier diagrams
• Reliability data
• Human reliability
Risk • Consequence models
RISK ANALYSIS – MAIN STEPS
Risk Analysis

Hazard Identification

Hazard & Scenario Analysis

Identify
Safety
Likelihood Consequences
Barriers

Risk
 RANKING OF RISKS

High: major fracture, poisoning, significant loss of blood, serious head injury, or fatal
disease
Medium: sprain, strain, localized burn, dermatitis, asthma, injury requiring days off
work
Low: an injury that requires first aid only; short-term pain, irritation, or dizziness
 COLOUR CODING RISKS

Immediately dangerous: stop the process and implement controls

High risk: investigate the process and implement controls immediately
Medium risk: keep the process going; however, a control plan must be developed and
should be implemented as soon as possible
Low risk: keep the process going, but monitor regularly. A control plan should also be
investigated
Very low risk: keep monitoring the process
 EVALUATING THE RISKS
-SOME CONSIDERATIONS
• Industry standards
• Legal requirements
• Precautions already taken
• Cost (so far as is reasonably practical)
• Different working conditions i.e. weather
• Numbers of people at risk
• Severity of injury
• Probability
• Length of exposure/frequency
 HAZARD CONTROL

Once you have established the priorities, the organization can

decide on ways to control each specific hazard. Hazard control
methods are often grouped into the following categories:

Elimination (including substitution).

Engineering controls.
Administrative controls.
Personal protective equipment.
COMPLETING THE RISK ASSESSMENT

Organising actions and responsibilities to reduce the hazards and risks to acceptable
levels:
– Elimination of hazard (do I have to do this?)
– Substitution (materials, equipment etc)
– Physical safeguards (machinery guarding, extraction etc)
– Personal Protective Equipment
– Safe working procedures
– Or any combination of above
COMPLETING THE RISK ASSESSMENT

Writing safe working procedures or instructions

– General procedures may be in local rules

– Specific procedures must be included in the risk

assessment
 RECORDING THE RISK ASSESSMENT

The Elements

– A description of the area or task

– The hazards that personnel may be exposed to

– Details of the personnel who may be exposed to the

 RECORDING THE RISK ASSESSMENT

– Details of which hazards are significant and those which

are acceptable (and why)

– The precautions in place, or to be put in place, to reduce

the significant hazards to acceptable levels

– How the precautions are to be maintained (management

of systems, inspection of physical precautions etc)