Environment Impact Assessment (EIA)

Environment Impact Assessment

Syllabus – Environmental Impact Assessment (GS3)
Source – The Hindu,17/10/2023

Application: Where to place?
When asked about
– EIA
– Importance of EIA
– Limitations of EIA
– Environmental Ethics
– Need to treat Indian Himalayan Region (IHR) differently in EIA
– Strategic Environmental Assessment

Context
Teesta dam breach in Sikkim and the recent floods and landslides in Himachal Pradesh in the light of EIA

Content

Environment Impact Assessment

  • Environment Impact Assessment (EIA) is a tool to identify the environmental, social, and economic impacts of a project before it is implemented. (UNEP definition)
  • This tool compares various alternatives for the proposed project, predicts and analyzes all possible environmental repercussions in various scenarios.
  • It also helps decide appropriate mitigation strategies.
  • It methodically investigates both the positive and negative outcomes of a project, ensuring these impacts are considered during the project’s design phase.
  • Incorporating environmental assessment early in the project planning cycle offers numerous advantages such as environmental protection, optimal resource utilization, and savings in project time and cost.
  • EIA can reduce conflicts by encouraging community involvement, informing decision-makers, and establishing a foundation for environmentally sustainable projects.
  • The benefits of integrating EIA have been observed at all stages of a project, from exploration and planning to construction, operations, decommissioning, and even beyond site closure.
  • The Environment Impact Assessment in India is statutorily backed by the Environment Protection Act, 1986.
  • It contains various provisions on EIA methodology and process.

Evolution of EIA in India

1976-77Initiation of Environmental Impact Assessment (EIA) in India when the Planning Commission asked the Department of Science and Technology to assess river-valley projects from an environmental perspective.
Until 1994Until 1994, Environmental clearance was an administrative decision without legislative support.
January 27, 1994The Union Ministry of Environment and Forests (MEF) issued an EIA notification under the Environmental (Protection) Act 1986, making Environmental Clearance (EC) mandatory for certain activities.
September,2006The MoEF introduced new EIA legislation, making it mandatory for various projects to obtain environmental clearance. Decentralisation of the process of Environmental Clearance (EC) ie, State governments were also given powers to issue EC in certain cases.
2020The Draft Environmental Impact Assessment (EIA) Notification 2020 was issued by the Indian Ministry of Environment, Forest, and Climate Change on 23 March 2020. This draft is intended to replace the existing EIA Notification from 2006. (perceived to be pro industry and compromising the ecological concerns)

EIA Process

  • The environmental impact assessment consists of eight steps with each step equally important in determining the overall performance of the project.
  • Screening: Determines whether the proposed project requires an EIA and if it does, then the level of assessment required.
  • Scoping: Identifies the key issues and impacts that should be further investigated and defines the boundary and time limit of the study.
  • Impact analysis: Identifies and predicts the likely environmental and social impact of the proposed project.
  • Mitigation: Recommends the actions to reduce and avoid the potential adverse environmental consequences of development activities.
  • Reporting: Presents the result of EIA in a form of a report to the decision-making body and other interested parties.
  • Review of EIA: Examines the adequacy and effectiveness of the EIA report .
  • Decision-making: Decides whether the project is rejected, approved or needs further change.
  • Post monitoring: Checks to ensure that the impacts of the project do not exceed the legal standards and implementation of the mitigation measures are in the manner as described in the EIA report.

Representation of EIA process

Importance of EIA

  • Reduces environmental damage and legal risks by ensuring compliance with environmental laws and regulations.
  • Avoids or minimizes adverse impacts on the environment and human health.
  • Saves cost and time of project implementation by avoiding delays, conflicts, litigation, and remediation that may arise from environmental issues.
  • Identify Environmentally Sound projects by detecting and avoiding possible environmental issues at an early stage.
  • More informed and environmentally aware decision making.
  • Increases public involvement, accountability, and transparency by allowing stakeholders to participate in the assessment process and express their concerns and opinions.

Limitations of EIA

  • Time Consuming: EIA can be a lengthy and complex process that requires a lot of data collection, analysis, consultation, and reporting.
  • Limited public participation: EIA often fails to involve the public adequately in the assessment process
  • No regulator at the national level: There is no regulator at the national level to carry out an independent, objective and transparent appraisal and approval of the projects for ECs and to monitor the implementation of the conditions laid down in the EC.
  • Not adequately considering cumulative impacts: EIA tends to focus on the impacts of individual projects rather than the cumulative impacts of multiple projects or activities in a region or sector.
  • ‘Box ticking approach’: In many cases, the EIA is done in a ‘box ticking approach’ manner, as a mere formality that needs to be done for EC before a project can be started.
  • Lack of expertise: EIA requires a multidisciplinary team of experts who can assess the various aspects of the project and its impacts on the environment.
  • Data Gaps: There is often a lack of reliable and relevant data due to inadequate monitoring systems, insufficient resources, or poor data management practices.
  • Mere Notification: The EIA framework in India is considered as a mere ‘Notification’ under the Environment Protection Act, 1986 . It is a subordinate legislation, without the full power of a statutory law, and without discussions in the legislature.

Need to treat the Indian Himalayan Region (IHR) differently in EIA

  • Water Tower: The IHR acts as a water tower for the Indian subcontinent, housing the source of many major rivers. Any changes in the IHR could significantly impact water availability and quality downstream.
  • Ecosystem Services: The IHR provides numerous ecosystem services such as carbon sequestration, nutrient cycling, and soil formation. These services are crucial for maintaining ecological balance and supporting human livelihoods.
  • Increased fragility and vulnerability: Himalayas are inherently vulnerable to extreme weather conditions such as heavy rains, flash floods, and landslides and are seismically active(plate boundary). Climate change has added another layer of vulnerability to this ecosystem.
  • Biodiversity Hotspot: The IHR is home to a rich variety of flora and fauna, many of which are endemic to the region. Any environmental impact assessment (EIA) must take into account the potential effects on this biodiversity.
  • Economic Importance: The IHR contributes significantly to the economy through sectors like agriculture, horticulture, and tourism. Changes in the environment could have far-reaching impacts on these sectors and subsequently on the livelihoods of people dependent on them.
  • Climate Regulation: The Himalayas play a vital role in climate regulation, influencing monsoon patterns and serving as a carbon sink. Disruptions to this system could have implications not just for the region but for global climate patterns as well.

Conclusion

  • Used diligently, the EIA could be the most potent regulatory tool in the arsenal of environmental governance to further the vision of sustainable development in the country.
  • Policymakers should explore other tools such as the strategic environmental assessment which takes into account the cumulative impact of development in an area to address the needs of the IHR (Indian Himalayan Region) as a fundamental policy.

Related Topics

EIA Notification (2006 Amendment)

  • The amendment introduced different stages in the EIA cycle like Screening, Scoping, Public hearing, and Appraisal.
  • Developmental projects were divided into two categories: Category A, requiring national level appraisal, and Category B, requiring state level appraisal.
  • Certain projects such as mining, thermal power plants, river valley infrastructure etc are required to obtain mandatory clearance.

Draft EIA Notification (2020)

  • The 2020 draft suggests shortening the public hearing notice period from 30 days to 20 days.
  • Numerous projects have been exempted from public scrutiny.
  • The 2020 EIA Notification does not allow the public to report violations and non-compliance.
  • The draft proposes ‘post-facto clearance’, which allows a project operating without environmental clearance to be regularized or apply for clearance.

Strategic Environmental Assessment (SEA)

  • Strategic Environmental Assessment (SEA) refers to systematic evaluation of the environmental effects of development policies, plans, programmes and other proposed strategic actions.
  • SEA extends the objectives and principles of EIA in the decision-making process beyond project level. It takes place at earlier stages of the decision making cycle.
  • SEA represents a proactive method for integrating environmental considerations into higher-level decision-making.
EIASEA
Occur at the end of decision making cycle
Reactive Approach
Limited review of cumulative effects
Occur at the earlier stages of decision making cycle
Proactive Approach
Broad review of cumulative effects.

Environmental Ethics

  • Environmental ethics seeks to understand humans’ moral obligations to protect and preserve the environment.
  • It recognizes the intrinsic value of nature, the interconnection of all living things.
  • Anthropocentrism: It is the belief that value is human-centered and that all other beings are means to human ends. Anthropocentrism is considered as ethically wrong and is the root cause of ecological crises.
  • Ecocentrism:It is the idea that everything in the natural world has its own intrinsic value and deserves moral consideration.

Practice Question: Discuss why the Himalayan region should be treated separately in the EIA process and suggest measures to improve the effectiveness of EIA in preserving the Himalayan ecosystem.

Reference

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