Environment Impact Assessment Process in India and the Drawbacks Essay Example

Environment Impact Assessment Process in India and the Drawbacks Essay ENVIRONMENT IMPACT ASSESSMENT PROCESS IN INDIA AND THE DRAWBACKS Prepared by – Environment Conservation Team (Aruna Murthy, Himansu Sekhar Patra) September 2005 Vasundhara, 15, Sahid Nagar Bhubaneshwar – 751 007 1 ENVIRONMENTAL IMPACT ASSESSMENT PROCESS IN INDIA AND THE DRAW BACKS INTRODUCTION EIA is an exercise to be carried out before any project or major activity is undertaken to ensure that it will not in any way harm the environment on a short term or long term basis. Any developmental endeavor requires not only the analysis of the need of such a project, the monetary costs and benefits involved but most important, it requires a consideration and detailed assessment of the effect of a proposed development on the environment. The environment impact process was introduced with the purpose of identifying /evaluating the potential beneficial and adverse impacts of development projects on the environment, taking in to account environmental, social, cultural and aesthetic considerations. All of these considerations are critical to determine the viability of a project and to decide if a project should be granted environmental clearance. An EIA concentrate on problems, conflicts and natural resource constraints which might affect the viability of a project. It also predicts how the project could harm to people, their homeland, their livelihoods, and the other nearby developmental activities. After predicting potential impacts, the EIA identifies measures to minimize the impacts and suggests ways to improve the project viability. We will write a custom essay sample on Environment Impact Assessment Process in India and the Drawbacks specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Environment Impact Assessment Process in India and the Drawbacks specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Environment Impact Assessment Process in India and the Drawbacks specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The aim of an EIA is to ensure that potential impacts are identified and addressed at an early stage in the projects planning and design. To achieve this aim, the assessment finding are communicated to all the relevant groups who will make decisions about the proposed projects, the project developers and their investors as well as regulators , planners and the politicians. Having read the conclusions of an environmental impact assessment, project planners and engineers can shape the project so that its benefits can be achieved and sustained with out causing adverse impacts. In recent years, major projects have encountered serious difficulties because insufficient account has been taken of their relationship with the surrounding environment. Some projects have been found to be unsustainable because of resource depletion. Others have been abandoned because of public opposition, financially encumbered by unforeseen costs, held liable for damages to natural resources and even been the cause of disastrous accidents. Given this experience, it is very risky to undertake finance, or approve a major project without first taking in to account its environmental consequences and then siting and designing the project so as to minimize adverse impacts. Due to public pressure on the government to accept accountability for the activities of its agencies the National Environmental Policy Act (NEPA) was formed in USA during 1970. This was the basis for the development of a mechanism which came to be known as Environmental Impact Assessment (EIA). THE EIA PROCESS IN INDIA The role for EIA was formally recognized at the earth summit held at Rio conference in 1992. Principle 17 of the Rio declaration states that – â€Å"EIA as a national instrument shall be undertaken for the proposed activities that are likely to have significant adverse impact on the environment and are subject to a decision of a competent national authority†. In India many of the developmental projects till as recently as the 1 980s were implemented with very little or no environmental concerns. The environmental issues began receiving attention when a national committee on environmental planning and coordination was set up under the 4th five year plan (19691978). Till 1980, the subjects of environment and forests were the concern of the Dept of Science and Technology and Ministry of Agriculture respectively. Later, the issues were formally attended by the Dept of Environment which was established in 1980. This was then upgraded to the Ministry of Environment Forest in 1985. In 1980, clearance of large projects from the environmental angle became an administrative requirement to the extent that the planning commission and the central investment board sought proof of such clearance before according financial sanction. Five year later, the Dept of Environment and Forests, Government of India, issued guidelines for Environmental Assessment of river valley projects. These guidelines require various studies such as impacts on forests and wild life in the submergence zone, water logging potential, upstream and down stream aquatic ecosystems and fisheries, water related diseases, climatic changes and sesmicity. A major legislative measures for the purpose of environmental clearance was in 1994 when specific notification was issued under section 3 and rule 5 of the environment protection Act , 1986 called the â€Å"Environment impact Assessment Notification 1994†. The first step in seeking environmental clearance for a development project is to determine what statutory legislations apply to the particular project. The MOEF has brought out several notifications restricting the development of industries in specified ecologically sensitive areas. In addition there are also draft rules framed for the siting of industries. Environmental clearance for development projects can be obtained either at the state level or at the central level depending on certain criteria concerning the characteristics of the project. However (regardless of where the final environmental clearance is obtained from), for most projects the consent must first be taken from the state pollution control board or pollution control committees in the case of union territories. 3 RESPONSIBILITY OF PREPARATION OF EIA STATEMENT The project proponent is responsible for the preparation of the EIA statement, with the help of external consultant or institution. THE IMPACT ASSESSEMENT AGENCY The MOEF is the agency for environmental clearance. If necessary, it may consult a committee of experts with a composition specified in schedule III of notification. TIMING OF EIA Ideally EIA should provide information to decision makers at early stage of the project planning cycle. It should be initiated as early as possible before the commencement of projects. If the projects secure approval, EIA should include a provision to cover the audit of the project. COST The amount allocated and spent for preparation of EIA by the project proponents are usually abysmally low compared to the overall project costs (often less than 1% of over all projects). 4 LIST OF PROJECTS REQUIRING ENVIRONMENTAL CLEARANCE FROM THE CENTRAL GOVERNMENT 1. Nuclear Power and related projects such as Heavy Water Plants, nuclear fuel complex, Rare Earths. 2. River Valley projects including hydel power, major Irrigation their combination including flood control. . Ports, Harbours, Airports (except minor ports and harbours). 4. Petroleum Refineries including crude and product pipelines. 5. Chemical Fertilizers (Nitrogenous and Phosphatic other than single superphosphate). 6. Pesticides (Technical). 7. Petrochemical complexes (Both Olefinic and Aromatic) and Petro-chemical intermediates such as DMT, Caprolactam, LAB etc. and production of basic plastics such as LLDPE, HDPE , PP, PVC. 8. Bulk drugs and pharmaceuticals. 9. Exploration for oil and gas and their production, transportation and storage. 10. Synthetic Rubber. 11. Asbestos and Asbestos products. 12. Hydrocyanic acid and its derivatives. 13 (a) Primary metallurgical industries (such as production of Iron and Steel, Aluminium, Copper, Zinc, Lead and Ferro Alloys). (b) Electric arc furnaces (Mini Steel Plants). 14. Chlor alkali industry. 15. Integrated paint complex including manufacture of resins and basic raw materials required in the manufacture of paints. 16. Viscose Staple fibre and filament yarn. 17. Storage batteries integrated with manufacture of oxides of lead and lead antimony alloys. 18. All tourism projects between 200m—500 metres of High Water Line and at locations with an elevation of more than 1000 metres with investment of more than Rs. 5 crores. 19. Thermal Power Plants. 20. Mining projects *(major minerals)* with leases more than 5 hectares. 21. Highway Projects **except projects relating to improvement work including widening and strengthening of roads with marginal land acquisition along the existing alignments provided it does not pass through ecologically sensitive areas such as National Parks, Sanctuaries, Tiger Reserves, Reserve Forests** 22. Tarred Roads in the Himalayas and or Forest areas. 23. Distilleries. 24. Raw Skins and Hides 25. Pulp, paper and newsprint. 26. Dyes. 27. Cement. 28. Foundries (individual) 29. Electroplating 30. Meta amino phenol 5 PROCESS There are two ‘tiers’ of assessment which should be applied to the project before proceeding with a full scale EIA, Screening and preliminary assessment. Where these first tiers of assessment are a regulatory requirement, the developer normally does the work and submits the results to the regulatory agency. The agency may then decide that either there is nothing to be concerned about or the evaluation should proceed to the next tier. The most important step in the process of obtaining environmental clearance under the EIA notification is for the project proponent to conduct an environmental impact assessment of the project. For this purpose the project proponent engages an environmental consultant to prepare an EIA report. The EIA report must be prepared by incorporation of data during all the four seasons of the year. Such an EIA is termed a â€Å"comprehensive EIA†. How ever, there is provision for a single season collection of data, but this should not be done during the monsoon season. Such an EIA reports is termed a â€Å"Rapid EIA†. There are two tiers of assessment which should be applied to the project before proceeding with a full scale EIA – Screening and Preliminary Assessment. Wherever these first tiers of assessment are a regulatory requirement, the developer normally does the work and submits the results to the regulatory agency. The agency may then decide whether there is anything to be concerned about or whether the evaluation should proceed to the next tier. BEFORE STARTING THE EIA SCREENING: The screening is the first and simplest tier in project evaluation. Screening helps to clear those types of projects, which from past experience are not likely to cause significant environmental problems. The activity may take one of the following several forms: 1- Measurements using simple criteria such as size or location. 2- Comparing the proposal with list of projects rarely needing an EIA (e. g. chools) or definitely needing one (e. g. coal mines). 3- Estimating general impacts (e. g. increased in infrastructure needed) and comparing these impacts against set thresholds. 4- Doing complex analyses, but using readily available data. Draw back in the Indian system: 1- Even though some of the industrial set ups do not require EIA as per the statutory norms, they might involve certain technological processes which cou ld be harmful to the environment, as a result of which such enlisted industries could have potential impacts on the environment and on public health. Exempting industries from the EIA requirements based on the investment value of specific projects is not acceptable. There are no specific studies conducted till now which demonstrate that environmental impacts are always inconsequential for projects under a given value. It is a well established fact that the small scale industries are contributing more pollution with respect to the major industry. 6 PRELIMINARY ASSESSMENT: If screening does not clear a project, the developer may be required to undertake a preliminary Assessment. This involves sufficient research, review of available data and expert advice in order to identify the key impacts of the project on the local environment, predict the extent of the impacts and briefly evaluate their importance to decision makers. The preliminary assessment can be used to assist early project planning (for instance, to narrow the discussion of possible sites) and it can serve as an early warning to the serious environmental problems that the project may cause. It is in the developer’s interest to do a preliminary assessment since, in practice, this step can clear projects of the need for a full EIA. If after reviewing a preliminary assessment the competent authority deems that a full EIA is needed, the next step for the project developer is the preparation of the EIA report. This entails 1- Commissioning and briefing an independent co-coordinator and expert study team. 2- Identifying the key decision makers who will plan, finance, permit and control the proposed project, so as to characterize the audience for the EIA. 3- Researching laws and regulations that will affect these decisions. 4- Making contact with each of various decision makers. Determining how and when the EIAs finding will be communicated. Draw back in the Indian system: It is being found that the team formed for conducting EIA studies is lacking the expertise in various fields such as Anthropologists and Social Scientists (to study the social impact of the project) or even wild life experts. FORMATION OF AN EIA TEAM: SCOPING: The first task of the EIA study team is scoping the EIA. The aim of scoping is to ensur e that the study address all the issues of importance to the decision makers. First of all the team’s outlook is broadened by the discussions (with the project proponents , decision makers, the regulatory agency, scientific institutions , local community representative and others) to include all the possible issues and concerns raises by various groups. Then the study team selects primary impacts for the EIA to focus upon depending on the basis of magnitude, geographical extent, significance to decision makers or because the area is special locally (e. g. soil erosion, the presence of an endangered species, or a near by historical sites) or is an eco-sensitive area. Draw back in the Indian system: 1- There is a lack of exhaustive ecological and socio-economic indicators for impact assessment. 2- Public comments are not taken into account at the early stage, which often leads to conflict at the later stage of project clearance. 7 MAIN EIA: After â€Å"scoping† the main EIA begins. The EIA attempts to answer five questions basically: 1- What will happen as a result of the project? 2- What will be the extent of the changes? 3- Do the changes matter? 4- What can be done about them? 5- How can decision makers be informed of what needs to be done? The EIA becomes a cyclic process of asking and further asking the first four questions until decision makers can be offered workable solutions. IDENTIFICATION: Identification means the answer to the first question, i. e. â€Å"what will happen as result of the project? † If a preliminary assessment has been done it will have broadly reviewed the projects effect, also scoping will have focused the study on the most important issues for decision makers. Taking these findings in to account the full EIA study now formally identifies those impacts which should be assessed in detail. This identification phase of the study may use these or other methods 1- Compile a list of key impacts (e. g. changes in air quality, noise levels, wild life habitats, species diversity, landscape views, social and cultural systems, settlement patterns and employment levels from other EIA s for similar projects) 2- Name all the projects sources of impacts (e. g. smoke emissions, water consumption, construction jobs) using checklists of questionnaires, then list possible receptors in the environment (e. g. rops, communities using same water for drinking, migrant of labour) by surveying the existing environment and consulting with interested parties. 3- Identify impacts themselves through the use of checklist, matrices, networks, overlays, models and simulations. Draw back in the Indian system: 1- There is always a lack of reliable data sources. 2- The secondary data is also not reliable. 3- The data collectors do not pay respect to the indigenous knowledge of local people. 4- The cred ibility of the primary data collected by the data collectors is doubtful. The next step called predictions answers the EIA’s second question: â€Å"what will be the extent of the changes†. As far as is practicable, prediction scientifically characterizes the impacts causes and effects and its secondary and synergetic consequences for the environment and the local community. Prediction follows an impact within a single environmental parameter (e. g. toxic liquid effluents) in to its subsequent effects in many disciplines (e. g. reduced water quality, adverse impacts on fisheries, economic effects on fishing villages, and resulting socio-cultural changes). Prediction draws on physical, biological, socioeconomic and anthropological data techniques . In quantifying impacts, it may employ mathematical models, physical models, socio cultural models, economic models, experiments or expert judgments. PREDICTION: 8 All prediction techniques by their nature involve some degree of uncertainty. So along with each attempt to quantify an impact, the study team should also quantify the predictions uncertainty in terms of probabilities or margins of error. Draw back in the Indian system: 1- The detail method used for the prediction and evaluation of the project is not mentioned in the report. Limited explanations are given both to quantitative estimation of magnitude of impact and to the assumptions and judgments used in the evaluation of impacts. 2- The limited coverage of scoping is confined mainly to direct impacts. The third question addressed by the EIA – do the changes matter is answered in the next step. Evaluation is so called because it evaluates the predicated adverse impacts to determine whether they are significant enough to warrant mitigation. Thus judgment of significance can be based on one or more of the followings. 1234Comparison with laws, regulations or accepted standards. Consultation with the relevant decision makers. Reference to pre set criteria such as protected sites features of species. Acceptability to the local community or the general public. EVALUATION: MITIGATION: In this phase the study team formally analyses mitigation. A wide range of measures are proposed to prevent, reduce, remedy or compensate for each of the adverse impacts evaluated as significant. Possible mitigation measures include: 1- Changing project sites, routes, processes, raw materials, operating methods, disposal methods, disposal routes or locations, timing or engineering designs. Introducing pollution controls, waste treatment monitoring, phased implementation, landscaping, personal training, special social services or public education. 3- Offering (as compensation) restoration of damaged resources, money to affected persons , concessions on other issues, or off site programmes to enhance some other aspects of the environment or quality of life for the community. All mi tigation measures cost something and this cost must be quantified too. These various measures are then compared, trade-offs between alternative measures are weighed, and the EIA study team proposes one or more action plans, usually combining a number of measures. The action plan may include technical control measures, an integrated management scheme (for a major project) monitoring, contingency plans, operating practices, project scheduling, or even joint management (with affected groups). The study team should explicitly analyze the implications of adopting different alternatives, to help make the choices clearer for the decision makers. Several analytical techniques are available for this purpose as given below: 1- Cost benefit analysis in which all quantifiable factors are converted to monetary values , and actions are assessed for their effect on project costs and benefits 2- Explaining what course of action would follow from various broad ‘value judgments’(e. g. that social impacts are more important than resources) 3- A simple matrix of environmental parameters versus mitigation measures, contain brief description of the effects of each measure. Pair wise comparisons, whereby the effects of an action are briefly compared with the effects of each of the alternative actions are briefly compared with the effects of each of the alternative actions, one pair at a time. Draw back in the Indian system: 1- Details regarding the effectiveness and implementation of mitigation measures are often not provided. 2- Often, and more so for strategic industries such as nuclear energy projected, the EMP s are kept confidential for political and administrative reasons 3- Emergency preparedness plans are not discussed in sufficient details and the information not disseminated to the communities. DOCUMENTATION: The last step in the EIA process, which answers the question – how decision makers be informed of what needs to be done? In documenting an EIA, this means identifying the key decisions makers, perceiving the question they will be asking and providing them with straight forward answers formatted for easy interpretation in relation to their decision making (e. g. tables, graphs, summary, points). Successful EIA documentation is more readily produced if the audience and their needs are established at the start of the EIA, and then made to affect how the research is focused and reported. It is the job of the study team’s communications expert to make this happen. An EIA report should contains: 1234An executive summary of the EIA findings. A description of the proposed development projects. The major environmental and natural resource issues that needed clarification and elaboration. The projects impacts on the environment (in comparison with a base line were identified and predicated. ). 5- A discussion of options for mitigating adverse impacts and for shaping the project to suit its proposed environment, and an analysis of the trade offs involved in choosing between alternative actions. An over view of gaps or uncertainties in the information. 7- A summary of the EIA for the general public. 10 Once the EIA reports has been completed, the project proponent needs to submit 20 copies of the copy of executive summary of the proposed proposal containing the salient features of the project, the form XII prescribed under water rules, 1975, form I prescribed under A ir rules,1983 and other information or documents to the SPCB for getting the non clearance certificate(NOC). On receiving the required documents from the project proponents it is the responsibility of the SPCB to conduct the public hearing. After completion of the public hearing the project proponents has to submit to the secretary of MOEF for the environmental clearance Draw back in the Indian system: One of the biggest concerns with the environmental clearance process is related to the quality of EIA report that are being carried out. The reports are generally incomplete and provided with false data. EIA reports ignore several aspects while carrying out assessments and significant information is found to omitted. Many EIA report are based on single season data and are not adequate to determine whether environmental clearance should be granted. All this makes the entire exercise contrary to its very intent. As things stand today, it is the responsibility of the project proponent to commission the preparation of the EIA for its project. The EIA is actually funded by an agency or individual whose primary interest is to procure clearance for the project proposed. There is little chance that the final assessment presented is un biased, even if the consultant may provide an unbiased assessment that is critical of the proposed project. Some times it is found that a consultancy which is working in the project area has no specialization in the concerned subject. For example for the preparation of EIA report of the proposed oil exploration in coast of Orissa by the reliance group has been given to the life science Dept of Berhampur university which has no expertise on the study of turtles and its life cycle. The EIA document in itself is so bulky and technical, which makes it very difficult to decipher so as to aid in the decision making process. There are so many cases of fraudulent EIA studies where erroneous data has been used, same facts used for two totally different places etc. This is due to the lack of a centralized baseline data bank, where such data can be crosschecked. There is no accreditation of EIA consultants, therefore any such consultant with a track record of fraudulent cases cannot be held liable for discrepancies. It is hard to imagine any consultant after being paid lakh of rupees, preparing a report for the project proponents, indicating that the project is not viable. In nearly every case, the consultants try to interpret and tailor the information looking for ways and means to provide their clients with a report that gives them their moneys worth. ENVIRONMENTAL APPRAISAL PROCEDURE The MOEF is the nodal agency for environmental clearance. The environmental division plays a key role, but the forest and wild life divisions are consulted when projects involve diversion of forestland or the alignment of roads and highways along or within the wild life areas. The project proponents of new projects must submit an application to the secretary, ministry of Environment and Forests, New Delhi in the standard Performa specified in the EIA notification. The application should be accompanied by a feasibility/ project report, including: 11 Environmental Appraisal questionnaire developed by MOEF. 2 Environment Impact Assessment Report. 3 Environment Management Plan and disaster Management plan 4 Details of public Hearing as in schedule IV of the notification (where ever necessary) 5 Rehabilitation plans (where ever necessary) 6 Forest clearance certificate (where ever necessary) 7 NOC from the state pollution control board (SPCB) The applicat ion is evaluated and assessed by the Impact Assessment Agency (IAA). The IAA may consult a committee of experts constituted by it or other body authorized by it in this regard, if necessary. The composition of the expert team is described in the box no-2 The committee has full right of entry and inspection of the site or factory premises prior to, during or after the commencement of the project . The IAA prepares a set of recommendations based on technical assessment of documents and data , furnished by the project authorities or collected during visits to sites or factories and details of public hearing. The assessment shall be completed with in 90 days from receipt of documents and data from the project authorities and completion of public hearing and decision conveyed within 30 days there after. If granted the clearance shall be valid for a period of five years for commencement of the construction or operation of the project. Draw back in the Indian system: There are several concerns with reference to the granting of environmental clearance of projects. Firstly, for projects that require site clearance it is often assumed by project proponents that once site clearance is granted, environmental clearance will follow. As a result, many project proponents begin construction of the project components (like housing colonies, roads), even before the environmental clearance is granted. This is despite the fact that it has been specified in the EIA notification that this should not be done. At another level, when environmental clearance is granted despite public objection / rejection , the reasons for the same are not conveyed to all those who have sent in written objections and/or attended the public hearing. There are very few ways to get information regarding project clearances. For those with access to the internet, the MOEF website seems to be of some help. However, very often the information on the website is updated much after the decision is taken. 12 For citizens and communities who do not have access to the internet, this information is not available. The availability of this information immediately after a decision on the clearance is taken is of crucial importance, in case it needs to be challenged before the National Environment Appellate Authority. The environmental clearance process after the public hearing appears to be a closed door secretive process as far as the public is concerned. In cases of environmental clearance being granted, the public have no access to the rational behind which the clearance was given. All that emits from the ministry are the conditions and recommendations based on which clearance is granted which often does not address the whole gamut of concerns and issues raised during public hearing. PUBLIC HEARING PROCESS IN INDIA A fully informed public participation has been recognized as an essential element in EIA. However, it was noted that public participation was a difficult exercise particularly if it led to a conflict between government policies and the public. Public hearing is not just an administrative exercise wherein a hearing is conducted to meet the requirements of the legislations. It is a measure to disclose all the relevant information regarding a developmental project to various sections of society, which are either affected by its implementation or have interests in project. In India public hearing of development projects has been made mandatory for environmental clearance by the Amendment to the EIA Notification of April 10, 1997 (Box no-3). The salient features of the public hearings notification are as follows: Notice for public hearing: The SPCB must issue notice for environmental public hearing by publishing it in at least two newspapers circulated in the region around the project. One of the publications must be in the vernacular language of the locality concerned. The date, time and place of public hearing should be mentioned in the newspaper article. The notice must be given at least 30 days prior to the public hearing. Involvement of the public: Written suggestions, views, comments and objection by the public can be handed over to the SPCB within 30 days from the date of publication of the notice. Oral /written suggestions can be made to the SPCB during the public hearing. Who can participate? All the affected person, including residents residing in and around the project site or the site of displacement or site of alleged adverse environmental impact. It also includes environmental groups and any association of persons whether incorporated or not, likely to be affected by the project and/or functioning in the field of environment. Persons who own or have control over the project can also participate. Access to the documents: The public are entitled to have access to the executive summary containing the salient features of the project, both in English as well as the lo