Environment (Protection) Act of 1986:

        In response to the Bhopal disaster, the Government of India implemented the Environment (Protection) Act of 1986, which serves as a broad legislative framework under Article 253 aimed at mitigating environmental pollution. This act is recognized as one of the most extensive pieces of legislation focused on the preservation and enhancement of the environment.

Definitions under the act:

• • The term ‘environment’ encompasses water, air, and land, along with the intricate relationships that exist between these elements, human beings, other living organisms, plants, microorganisms, and property.
  • ‘Environmental pollution’ refers to the introduction of pollutants, which are defined as any solid, liquid, or gaseous substances present in concentrations that could potentially harm the environment.
  • Furthermore, ‘hazardous substances’ are identified as any materials or mixtures that pose a risk to human health, other living organisms, plants, microorganisms, property, or the environment as a whole.

The Objectives of EPA:

• • The primary objective of the Act is to execute the resolutions established during the 1972 United Nations Conference on the Human Environment.
  • These resolutions focus on safeguarding and enhancing the human environment while also mitigating risks to human beings, other living organisms, flora, and property.
  • Furthermore, the Act serves as a comprehensive framework for legislation aimed at facilitating the Central Government’s oversight and coordination of the efforts of various central and state authorities that were created under earlier legislations, including the Water Act and the Air Act.

Major Provisions of the EPA Act:

• • The Environmental Protection Act empowers the Central Government with comprehensive authority to safeguard and enhance environmental quality.
  • This authority encompasses several critical functions, including the coordination of state actions, the planning and implementation of national programs, and the establishment of environmental quality standards, particularly those related to the emission or discharge of pollutants.
  • Furthermore, the Act allows for restrictions on industrial locations and grants the government the power to issue direct orders, which may include the closure or regulation of industries.
  • It also provides the authority to conduct inspections, test equipment, and analyze samples of air, water, soil, or other substances from any location.
  • Additionally, the Act mandates the preparation of codes, guides, and manuals, along with any other measures deemed necessary by the Central Government to ensure effective enforcement of the legislation, thereby establishing it as a comprehensive regulatory framework.
  • Moreover, the Act explicitly forbids the discharge of pollutants beyond the established regulatory limits and restricts the handling of hazardous substances to those that comply with the prescribed standards.
  • Penalties for violations are clearly outlined, with potential imprisonment of up to five years or fines reaching Rs. 1 lakh, or both, for each infraction.
  • Continuous violations may incur additional fines of up to Rs. 5,000 per day, and if a violation persists for over a year, the offender may face imprisonment of up to seven years.
  • Section 19 of the Act empowers any individual, alongside authorized officials, to file a complaint in court regarding alleged violations, known as a ‘Citizens’ Suit.’
  • This provision necessitates that the complainant provide a notice of at least 60 days to the Central Government regarding the alleged pollution offense.

Environmental Impact Assessment (EIA):

    The Environmental Impact Assessment (EIA) serves as a mechanism to predict potential environmental consequences associated with proposed developmental initiatives, while also recommending strategies and measures for mitigation.

• • This process was first implemented in India in 1978, specifically targeting river valley projects, and has since been expanded to encompass a broader range of developmental sectors.
  • The Environmental Impact Assessment (EIA) is governed by the Notification on Environmental Impact Assessment of developmental projects established in 1994, which operates under the framework of the Environment (Protection) Act of 1986.
  • In addition to the EIA, the Government of India has issued several other notifications pertaining to environmental impact assessments under the same Act.
  • Currently, EIA is a compulsory requirement for over 30 different categories of projects, which can only obtain Environmental Clearance (EC) once they have satisfied the EIA criteria.
  • The EC, which serves as the official approval to proceed, is issued by the Impact Assessment Agency within the Ministry of Environment and Forests (MoEF).
  • Key components of the EIA process include risk assessment, environmental management, and monitoring of the product post-implementation.

Projects Requiring EIA Clearance:

Major Categories:

1. 1. Government Clearance – Projects requiring approval from the Government of India.
   2. Nuclear Energy – Includes nuclear power plants and related infrastructure.
   3. River Valley Projects – Hydroelectric power, major irrigation schemes, flood control measures.
   4. Ports & Airports – Excludes minor ports and harbors.
   5. Petroleum Refineries – Covers crude oil processing and product pipelines.
   6. Chemical Industry – Fertilizers, pesticides, and related chemical productions.
   7. Petrochemical Sector – Complexes, intermediates, and basic plastic production.
   8. Pharmaceuticals – Bulk drug manufacturing facilities.
   9. Oil & Gas Exploration – Includes extraction, transportation, and storage.
   10. Synthetic Rubber – Manufacturing and industrial processing units.
   11. Asbestos Products – Mining, processing, and related product manufacturing.
   12. Hazardous Chemicals – Hydrocyanic acid and its derivatives.
   13. Metallurgical Industries – Iron, steel, aluminum, copper, zinc, lead production.
   14. Chlor-Alkali Industry – Manufacturing of chlorine-based chemicals.
   15. Paint & Resin Industry – Integrated complexes for paint manufacturing.
   16. Viscose Staple Fiber – Production of biodegradable fiber similar to cotton.
   17. Battery Manufacturing – Storage battery units with lead-based components.
   18. Tourism Projects – Those within 200-500m of High Water Line or elevation over 1000m, exceeding ₹5 crore investment.
   19. Thermal Power Plants – Coal, gas, or nuclear-based power facilities.
   20. Mining Projects – Those exceeding 5 hectares of lease area.
   21. Highways – Except ecologically sensitive zones like National Parks, Sanctuaries, and Reserved Forests.
   22. Himalayan Roads – Tarred roads constructed in forest areas and Himalayan regions.
   23. Distilleries – Alcohol production and related industries.
   24. Leather Processing – Includes raw skins and hide treatment.
   25. Paper & Dye Industry – Pulp, paper, newsprint, and dye manufacturing.
   26. Cement Plants – Industrial cement production units.
   27. Electroplating Industry – Metal plating processes.
   28. Specialized Chemicals – Production of Meta Aminophenol and other niche compounds.

EIA Process and Procedures:

• • The Environmental Impact Assessment (EIA) process is characterized by its cyclical nature, which involves continuous interaction among its various stages.
  • Initially, the screening phase evaluates the project plan based on investment scale, geographical location, and development type to determine if statutory clearance is necessary.
  • Following this, the scoping phase identifies potential impacts of the project, delineates the zones affected, and assesses mitigation strategies and monitoring requirements.
  • Subsequently, baseline data regarding the environmental conditions of the study area is collected.
  • The impact prediction stage involves forecasting both positive and negative effects, categorizing them as reversible or irreversible, and distinguishing between temporary and permanent impacts.
  • The EIA report must also outline mitigation measures, detailing actions to prevent, minimize, or compensate for potential environmental damage.
  • After the report is completed, a public hearing is conducted to engage local communities and environmental groups.
  • The decision-making phase involves the Impact Assessment Authority and experts consulting with the project manager to reach a final decision, considering the EIA and the Environmental Management Plan (EMP).
  • Following this, monitoring and implementation of the EMP take place, alongside the assessment of alternatives and the delineation of mitigation measures, culminating in the EIA report.
  • Finally, a comprehensive mitigation plan is developed for the chosen alternative, supported by an EMP, while risk assessment, including inventory analysis and hazard probability, is integrated into the EIA procedures.

Environment Management Plan:

      The document encompasses a detailed outline of mitigation strategies, which includes both preventive and control measures for each environmental component, as well as plans for rehabilitation and resettlement.

Environmental Appraisal:

• • The Ministry of Environment and Forests (MoEF) will establish an Appraisal Committee to initially evaluate a project using the information provided by the project developers.
  • Should the need arise, the MoEF may engage in discussions with investors and specialists regarding particular concerns as deemed necessary.
  • Following a comprehensive assessment of all aspects of a project, environmental clearance is granted contingent upon the adherence to specified environmental protections.
  • For projects where the proponents have provided all required information, a decision will be made within a 90-day timeframe.

EIA of Coasts:

• • Coastal Zone Management Plans (CZMPs) are developed by coastal states or Union Territories in accordance with the regulations established by the Coastal Regulation Zone (CRZ) notification.
  • These plans involve the identification and classification of coastal regions for various activities, which are subsequently submitted to the Ministry of Environment and Forests (MoEF) for their endorsement.

Single window clearance:

• • In instances where a project necessitates obtaining both environmental clearance (EC) and approval in accordance with the Forest (Conservation) Act of 1980, it is imperative that proposals for both clearances are submitted concurrently.
  • The evaluation of these proposals occurs simultaneously, leading to either approval or denial.
  • However, if the project does not entail the diversion of forestland, the application is processed solely for environmental clearance.

The Main Participants Of EIA:

The Environmental Impact Assessment (EIA) process is relevant to both public and private sectors, involving six key stakeholders:

• • first, the project proponents who initiate the proposal;
  • second, the environmental consultants tasked with preparing the EIA documentation on behalf of these proponents;
  • third, the Pollution Control Board, which may operate at either the state or national level;
  • fourth, the general public, who possess the right to voice their opinions regarding the project;
  • fifth, the Impact Assessment Agency, which oversees the assessment process; and
  • finally, the regional center of the Ministry of Environment and Forests (MoEF), which plays a crucial role in the evaluation and approval of the EIA.

Composition of the expert committees for EIA:

• • The Chairperson of the committee will be a distinguished and seasoned ecologist, environmentalist, or technical expert possessing extensive managerial experience in the pertinent field of development.
  • The representative from the Impact Assessment Agency will serve in the capacity of Member-Secretary.
  • The EIA committee will be composed of no more than 15 members, all of whom will be specialists in various disciplines, including ecosystem management, air and water pollution control, water resource management, conservation and management of flora and fauna, as well as land use planning, among others.

Benefits of EIA:

• • The Environmental Impact Assessment (EIA) establishes a connection between environmental considerations and developmental initiatives, promoting a framework for sustainable and environmentally responsible growth.
  • It offers a cost-efficient approach to reduce or eradicate the negative effects associated with development projects.
  • Furthermore, the EIA advocates for the implementation of mitigation strategies, ensuring that developmental plans are ecologically viable and remain within the ecosystem’s capacity for absorption and regeneration.

Shortcomings of EIA:

• • The applicability of the regulations indicates that numerous projects with considerable environmental repercussions may be exempt from compliance, either due to their absence from Schedule I of the Environmental Protection Act (EPA) or because their financial investments fall below the thresholds established in the relevant notification.
  • Schedule I of the EPA, enacted in 1986, delineates the permissible standards for the emission or discharge of environmental pollutants originating from various industries, processes, or operations, along with the maximum allowable concentration limits for these pollutants.

Composition of expert committees and standards:

      The analysis reveals that the teams assembled for the execution of Environmental Impact Assessments (EIA) are deficient in field specialists, including but not limited to environmental scientists, wildlife biologists, anthropologists, and social scientists.

Public hearing:

• • At the initial phase of project development, public feedback is frequently overlooked, resulting in potential conflicts during subsequent stages.
  • Furthermore, numerous initiatives that could have considerable environmental and social repercussions are often omitted from the compulsory public hearing procedures.
  • Additionally, the documentation that the public has the right to access is rarely provided in a timely manner.
  • Lastly, the individuals responsible for data collection often disregard the valuable indigenous knowledge possessed by local communities.

Quality of EIA Reports:

• • The reports are often characterized by their incompleteness and the inclusion of inaccurate information.
  • A significant number of Environmental Impact Assessment (EIA) reports rely solely on data from a single season.
  • Furthermore, the EIA documents tend to be excessively detailed and technical, which complicates the process of interpretation.

Lack of Credibility:

• • The obligation to initiate the Environmental Impact Assessment (EIA) lies with the project proponent, who is responsible for financing the assessment through an agency or individual primarily motivated by the desire to obtain approval for the proposed project.
  • Consequently, the likelihood of the final evaluation being impartial is minimal, despite the possibility that the consultant may deliver an objective critique of the project.
  • Furthermore, the absence of accreditation for EIA consultants means that those with a history of fraudulent activities cannot be held accountable for any inconsistencies in their assessments.

Recommendations to improve EIA process:

• • The establishment of an independent Environmental Impact Assessment (EIA) Authority, along with comprehensive sector-wide EIAs, is essential for effective environmental governance.
  • Transparency must be prioritized, ensuring that all information pertaining to projects, from initial notification to final clearance, is made accessible to the public.
  • It is imperative that any project likely to cause significant alterations to ecosystems undergoes the Environmental Clearance (EC) process without exception.
  • Furthermore, public hearings should be mandated for all categories of projects that were previously exempt, thereby enhancing public engagement and accountability.
  • The quality of EIA reports is crucial; they must explicitly outline the adverse impacts of proposed projects in a dedicated chapter, rather than obscuring this information within technical jargon.
  • To prevent conflicts of interest, the EIA preparation process must remain independent from the project proponent.
  • Additionally, the current executive committees should be restructured to include experts from diverse stakeholder groups who possess a strong reputation in environmental and related fields.
  • Finally, the EIA notification should incorporate stringent penalties, including automatic withdrawal of clearance for any violations of the stipulated conditions, thereby reinforcing compliance and accountability throughout the project lifecycle.

Salient Features of 2006 Amendment to EIA Notification:

     The Environment Impact Assessment Notification of 2006 has restructured the process of environmental clearance for developmental projects by establishing two distinct categories:

• • Category A, which involves national level appraisal, and
  • Category B, which pertains to state level appraisal.

Projects classified under Category A are evaluated at the national level by the Impact Assessment Agency (IAA) alongside the Expert Appraisal Committee (EAC), while Category B projects are assessed at the state level by the respective State Level Environment IAA and State Level EAC.

      Following the amendments made in 2006, the EIA process is delineated into four stages: Screening, Scoping, Public Hearing, and Appraisal.

   Notably, Category A projects are exempt from the screening process as they necessitate mandatory environmental clearance, whereas Category B projects are subjected to screening and are further divided into two subcategories:

• • Category B projects, which mandatorily require an Environmental Impact Assessment (EIA), and Category B2 projects, which do not require an EIA or environmental clearance.
  • Consequently, while both Category A and Category B projects are required to complete the full EIA process, Category B2 projects are excluded from this comprehensive evaluation.

Amendment to EIA Notification 2006 in Respect of Bulk Drugs and Intermediates:

• • In response to the urgent need for increased drug production during the COVID-19 pandemic, the Ministry of Environment and Forests (MoEF) has revised the Environmental Impact Assessment (EIA) Notification of 2006.
  • This revision entails the reclassification of all projects and activities related to bulk drugs and intermediates from the previous Category ‘A’ to the new Category ‘B2’.
  • As a result, these projects are exempt from the requirements of an EIA, including the collection of baseline data, conducting EIA studies, and engaging in public consultation.

Amendment to EIA Notification 2006 for EC Waver for Oil and Gas Exploration:

• • The Ministry of Environment and Forests (MoEF) has revised the Environmental Impact Assessment (EIA) notification of 2006, thereby exempting both onshore and offshore drilling activities conducted by oil and gas companies from the requirement of EIA environmental clearance (EC).
  • The recent amendments have reclassified exploratory projects from ‘Category A’ to ‘Category B2’, which indicates that the regulatory authority now lies with the respective state governments, eliminating the necessity for an EIA.
  • This change raises questions about the timing of such amendments, particularly in light of the Government of India (GOI) relaxing regulations in 2019 to encourage companies to explore less-developed oil fields by permitting them to retain a larger portion of revenue from any discovered viable hydrocarbon blocks.
  • This policy shift has resulted in increased interest in oil and gas exploration; however, the previously stringent EIA processes have become a significant obstacle.
  • Critics, particularly environmentalists, argue that these recent changes signify a reduction in regulatory oversight.
  • The process of exploration, which includes drilling wells and conducting seismic surveys offshore, is inherently ecologically intensive.
  • Such offshore drilling activities pose potential threats to marine life, including fish, and can lead to the accumulation of hazardous water pollutants, disrupt the navigation of whales and other sea creatures that depend on sonar, and heighten the risk of oil spills.

Draft EIA 2020 Notification (Expired):

• • The draft of the EIA 2020 Notification was introduced to revise the EIA Notification of 2006.
  • This proposed notification categorizes projects into three distinct groups: A, B1, and B2, based on their social and economic implications as well as the geographical scope of these effects.
  • It outlines two types of approvals: the first being prior environmental clearance (EC), which requires the endorsement of expert committees, and the second being environmental permission or provision (EP), which can be granted without such expert approval.
  • Notably, approximately 40 different types of projects, including the extraction of clay and sand, well digging, building foundations, solar thermal power plants, and common effluent treatment facilities, are exempt from the necessity of obtaining prior EC or EP.
  • Furthermore, a range of projects, particularly all B2 projects, irrigation initiatives, the production of halogens, chemical fertilizers, acids, biomedical waste treatment facilities, construction activities, area development, elevated roads, flyovers, highways, and expressways, are also exempt from the requirement of public consultation.

Issues with Draft EIA 2020:

• • The Ex Post Facto Clearance of Projects has undergone significant changes since the Ministry of Environment, Forest and Climate Change (MoEF) issued a notification in 2017, allowing projects operating without an Environmental Clearance (EC) to apply for one.
  • This initiative has now been solidified as a permanent measure through the draft Environmental Impact Assessment (EIA) of 2020.
  • This provision primarily benefits industrial units and projects that have been functioning illegally without an EC, granting them the opportunity to regularize their status by submitting a remedial plan.
  • Furthermore, projects that may have acquired land through illegal means, coercion, or fraudulent activities, and that lack environmental safeguards, are also eligible to take advantage of this scheme.
  • However, it is important to note that the Supreme Court has previously ruled that post facto clearances contravene the principles of environmental law and pose a threat to ecological integrity.
  • Additionally, the exclusion of certain projects from the requirement of prior EC raises concerns, as 40 projects have been exempted from obtaining prior environmental permission, including activities such as the removal of sand deposits from agricultural fields and community works.
  • Moreover, buildings with a footprint of less than 150,000 square meters, comparable to the size of a small airport or stadium, are not mandated to secure environmental clearance.
  • The extension of the validity period for environmental clearances in sectors such as mining and river valley projects further complicates the alignment with the objectives of the notification and the overarching legislative framework.
  • Lastly, the exclusion of various projects from public consultation undermines the fundamental principle of public participation that is essential to the EIA process.

Draft EIA 2020 Notification Expired but similar rules were still made (issues with environmental

governance):

• • Despite the expiration of the draft notification from 2020, the Ministry of Environment and Forests (MoEF) has proceeded to implement several controversial regulations through separate notifications.
  • Notably, one such notification indicates that highway projects located near the nation’s borders are deemed sensitive and thus exempt from the requirement to obtain an Environmental Clearance (EC). Furthermore, a recent guideline from MoEF stipulates that the ministry’s regional offices are to prioritize and accelerate the process of granting forest clearances for critical infrastructure projects situated in districts affected by Maoist insurgency, as well as for defense and security-related projects in border regions, bypassing the traditional review by the forest advisory committee.
  • Additionally, the validity periods for ECs have been extended, with hydropower projects now valid for 13 years, nuclear projects for 15 years, and mining projects for an impressive 50 years.
  • In contrast, under the Environmental Impact Assessment (EIA) regulations of 2006, the validity for ECs granted to river valley projects was limited to 10 years, while mining projects could be valid for a maximum of 30 years, and other projects for 7 years.
  • Moreover, MoEF has issued a notification stating that all airport expansion initiatives, including commercial airstrips, will now fall under the jurisdiction of state environment authorities.
  • This notification also transfers the responsibility for environmental appraisal of various non-coal mining, river valley, and thermal power projects to the state appraisal bodies, a move that aligns with the provisions outlined in EIA 2020.
  • Lastly, MoEF is actively developing a streamlined, single-window process aimed at facilitating the granting of environmental, forest, and wildlife clearances, which is expected to further standardize and expedite the clearance process.