EIA NOTIFICATION

Transcription

1 EIA NOTIFICATION Building Construction projects/ Area Development projects and Townships New Delhi, 12 th August BHARAT BHUSHAN DIRECTOR, Ministry of Environment & Forests, Government of India, New Delhi. Construction activities in India have been pursued without giving much attention to environmental issues. This has resulted in pressure on the natural resources, besides creating negative impacts on the human health and well-being. Unplanned and unsustainable urban development has lead to severe environmental pressures. The green cover, ground water resources have been forced to give way to the rapidly developing urban centres. Modern buildings built in our cities have high levels of energy consumption because of requirements of air-conditioning and lighting. 1

2 Buildings in India account for a large amount of land use, energy and water consumption, air and atmosphere alteration. The amount of land developed during the last 20 years has increased significantly. Large chunk of agriculture land is being converted in to urban uses specially the areas adjoining the towns and cities having high potential economic activities. Buildings account for 12.2% of the total amount of water consumed per day. The total energy consumed by buildings is very high. Buildings have major environmental impacts over their entire life cycle, resources such as ground cover, forests, water, and energy are depleted to give way to buildings. Resource-intensive building materials provide the skin to the building and landscaping ads beauty to it. Energy-consuming systems for lighting, air-conditioning, and water heating provide comfort to its occupants. Water is another vital resource for the occupants, which gets consumed continuously during building construction and operation. Several building processes and occupant functions generate large amounts of waste, which can be recycled and reused. Buildings are one of the major pollutants that affect urban air quality and contribute to climate change. It may cost a little more to construct such building but it will cost less to operate and maintain the building that has environmental benefits and provides a better place for the occupants to live and work in. 2

3 EIA and Building Projects The Government of India enacted Environment (Protection) Act, in 1986 and initially EIA was introduced as an administrative measure in 1994 under the provisions of the Act. From time to time amendments have been made in the EIA Notification. Extending the provisions of the Act to cover additional activities, the Notification was amended in July 2004 to include large construction projects including new townships and industrial estates. The minimum criteria required for obtaining for Environmental Clearance was: a) Minimum cost of the project Rs. 50 crores. b) Minimum sewage discharge 50,000 litres per day (50 KLD). c) Population more than 1000 person. The Notification was amended in September 2006, wherein the Environmental Clearance was redefined & modified to formulate a transparent, decentralized & efficient regulatory mechanism to incorporate necessary environmental safeguards at planning stage and identify developmental projects based on impact potential instead of the investment criteria. The objective of the EIA Notification, 2006 was to set procedures of Environmental Clearance before establishment of a project of identified nature & size. The suitability of site for a proposed development is one of the primary concerns in according Environmental Clearance to a project. This includes detailed examination of the nature of receptors and magnitude of anticipated impact on account of the proposed project. 3

4 Categorization of projects & activities All projects and activities are broadly categorized in to two categories Category A and Category B, based on the potential impacts on human health and natural and man made resources. Category A: All projects or activities included as Category A including expansion and modernization of existing projects or activities and change in product mix, shall require prior environmental clearance from the Central Government in the MoEF on the recommendations of an Expert Appraisal Committee (EAC). Category B: All projects or activities included as Category B including expansion and modernization of existing projects or activities shall require prior environmental clearance form the State/Union territory Environmental Impact Assessment Authority (SEIAA) on the recommendations of State Level Expert Appraisal Committee (SEAC). LIST OF PROJECTS OR ACTIVITIES REQUIRING PRIOR ENVIRONMENTAL CLEARANCE Project or Activity Category with Threshold Limit Conditions if any A B 8 Building / Construction projects / Area Development projects and Townships 8(a) Building and Construction Projects 8(b) Townships and Area Development Projects 20,000 sqm. and < 1,50,000 sqm. Of built up area # Covering an area > 50 ha. and or built up area > 1,50,000 sqm. ++ #(built up area for covered constructions; in the case of facilities open to the sky, it will be the activity area) ++ All projects under Item 8(b) shall be appraised as Category B1. 4

5 NOTES : General Condition (GC): Any project or activity specified in Category B will be treated as Category A, if located in whole or in part within 10 km from the boundary of : (i) Protected Areas notified under the Wild Life (Protection) Act, 1972, (ii) Critically Polluted Areas as notified by the Central Pollution Control Board from time to time, (iii) Notified Ecosensitive areas, (iv) inter-state boundaries and international boundaries. Specific Condition (SC): If any Industrial Estate / Complex / Export Processing Zones / Special Economic Zones / Bio-tech Parks / Leather Complex with homogeneous type of industries such as Items 4(d), 4(f), 5(e), 5(f), or those Industrial estates with pre-defined set of activities (not necessarily homogeneous, obtains prior environmental clearance, individual industries including proposed industrial housing within such estates / complexes will not be required to take prior environmental clearance, so long as the Terms and Conditions for the industrial estate / complex are complied with (such estates / complexes must have a clearly identified management with the legal responsibility of ensuing adherence to the Terms and Conditions of prior environmental clearance, who may be held responsible for violation of the same throughout the life of the complex / estate). CATEGORIZATION OF PROJECTS Developmental Activity Category A Category B If GC applicable EC by MoEF EC by SEIAA 5

6 CATEGORIZATION OF PROJECTS Cont Category B projects are to be appraised at the State level for categorization into either B1 or B2. Category B1 TOR/ EIA required. Category B Category B2 Apply in Form-1 & Form-1A for screening No EIA & Public Hearing required LARGE CONSTRUCTION & INDUSTRIAL ESTATES PROJECTS INCLUDE: Group housing complexes Commercial centres Shopping malls / Multiplexes / Hotels Hospitals Educational institutions / Socio cultural centres Recreational / Entertainment complexes Area Development Projects / Integrated Townships IT Parks / Software development complex 6

7 CLARIFICATIONS No public hearing is required for Category B projects (except in some cases of B1 where SEAC ask for). No General Condition (GC) or Specific Condition (SC) shall apply to building / construction projects / Area development projects and Townships, Category 8(a) and 8(b). IT Parks/Complexes (SEZ) projects of the area below 500 ha. and not housing any industry of Category A or B does not require Clearance. However, the above projects should be appraised under Category 8(a) or 8(b) as the case may be. CRITERIA FOR APPRAISAL: MAIN ISSUES Land Environment Environmental Liability including Demolish & Disposal of Debris & Disposal of Surplus Excavated Earth. Water Supply Rain Water Harvesting Sewage Disposal Storm Water Drainage Solid Waste Management Hazardous Waste / Bio-Medical Waste & E-Waste Building Materials Air Quality, Noise Levels Energy Saving Devices & Use of Daylight and Renewable Source of Energy Horticulture & Green Belt Development Parking & Circulation Environmental Management Plan Environmental Monitoring Plan Risk Assessment and Disaster Management Plan 7

8 CRITERIA FOR ENVIRONMENTAL GRADING (1) Site Planning ) Orientation, excavation/filling 2 2) Landscape, open spaces and parks 3 3) Circulation and parking 2 4) Social acceptability 3 (2) Management of Water ) Adequate and suitable source 4 2) Management of Demand 4 3) Recycling of treated waste water 4 4) Rain water Harvesting quantity & safeguard 4 5) Collection, treatment and disposal of waste water 4 (3) Building Materials ) Use of local materials & construction techniques 3 2) Use of fly ash and other industrial wastes 4 3) Use of less energy intensive materials 3 (4) Management of Energy ) Energy consumption per sq.m. of area 5 2) Use of energy saving materials (min use of Glass) 5 3) Insulation to achieve ECBC norms 5 4) Use of solar energy for lighting and hot 5 water systems CRITERIA FOR ENVIRONMENTAL GRADING Cont (5) Renewable Energy Technology ) Use of alternate energy 5 * energy through waste 2) passive solar architectural features 5 (6) Management of Storm Water ) Obstruction to others 3 2) Capacity of SW drainage 3 3) Outfall and prevention of flooding 4 (7) Management of Solid wastes ) Biodegradable 4 2) Non-biodegradable 3 3) Hazardous 3 (8) Management of Noise and Odour ) Containment of noise & odour 3 2) Abatement of noise & odour 2 3) Design and lay out of green belt TOTAL

9 GRADING Platinum Gold Silver Bronze Proposals getting less than 40 points will get 0 grading. Minimum expected grading is as follows: Eco-sensitive areas and metro cities, NCR and regional development areas of Metros -- Gold Other cities with > 1 million populations as per latest available census -- Silver Other areas -- Bronze PROCESS OF APPRAISAL Registering projects on the basis of date of submission. List of projects on the website. Checklist information in Form 1/Form 1A and Conceptual Plan (if incomplete, information should be sent to project proponent). Preparation of agenda in chronological order based on the date of submission/receipt of the project at least 2-3 weeks in advance and paste it on website. Project proponents with their consultants should be invited to make presentation of their projects in the SEAC. SEAC shall appraise all Category B projects or activities on the basis of Form 1, Form 1A and Conceptual Plan and stipulate the conditions for Environmental Clearance. Member Secretary of SEAC shall prepare the minutes of the meeting within five working days and send them to the Chairman, SEAC for approval and circulate to the Members of SEAC for comments. 9

10 PROCESS OF APPRAISAL Cont Minutes of the meeting are generally approved within the seven days of the meeting. As and when the applicant submits the approved scheme/building plans complying with the stipulated Environmental Clearance conditions with all other necessary statutory approvals, the EAC/SEAC shall recommend for the grant of Environmental Clearance to SEIAA. Approved/rejected projects shall be forwarded to SEIAA for approval/orders. In case of rejection, the reasons for the same should also be explicitly stated. Observations of the deferred projects should be communicated by the Member Secretary of the SEAC to the project proponent. The minutes of the meeting should be pasted on the website after confirmation from SEAC. Environmental Clearance letters/rejection letters should also be pasted on the website by Member Secretary of SEIAA. Status of the projects on the website should be updated every fortnight by the Member Secretary of SEAC/SEIAA. POST PROJECT MONITORING Project Proponent to submit Half yearly compliance report to MoEF, SEIAA and Regional office at Bhopal in hard and Soft copy (Submit by 1 st June and 1 st December) Compliance reports are public documents and should be displayed on the SEIAA web-sites. Post project monitoring of Projects to be carried out by MoEF s Regional Office located at Banglore, Bhopal, Bhubaneswar, Chandigarh, Lucknow and Shillong. 10

11 VALIDITY OF EC Limited period for Area development projects/construction projects till the developer is responsible, subject to maximum of 5 years Can be extended to another 5 years upon submission of application in Form-1/Form 1A within validity period. Validity of EC means the period from the date on which prior EC is granted. CONSTRUCTION MANUAL Ministry has developed a Manual on Norms and Standards for Environment Clearance of large construction projects, which is available on the website of the Ministry ( Ministry is also in the process of finalizing the TORs for different sectors through ASCI/ IL&FS. It is suggested that other Byelaws/ Regulations/ Codes may also be referred, such as : Master Plan/ Development Plan/ Area Plan National Building Code (NBC) Energy Conservation and Building Code (ECBC) 11

12 What the project proponent tends to present Company profile Highlights that sell the products Clearances/approvals already obtained Stereo-typed inclusion of proposals for Green belt Rain water harvesting A generic environmental management plan Unsupported claims for environmental protection and environmental services What the projects tend to overlook Inherited environmental liabilities Demolition and disposal of debris Excavation and disposal of surplus earth Pattern of storm water drainage and outfall Management of incremental run off Safeguards for protection of ground water in harvesting Assured source of water Energy efficiency and optimum use of sunlight and solar energy for lighting, heating and cooking Use of environment-friendly materials Entry and exit, internal circulation and parking Social aspects: access, exclusion, etc. 12

13 Environmental clearances are generally obtained as a formality in several projects. Necessary infrastructure facilities for laborers are not provided. STP facility is not provided/ maintained/operated. Garbage collection, segregation and disposal system not planned properly. 20% of total power from solar energy is not planned. Report on energy conservation measures is not prepared and submitted. Rain Water Harvesting is not given due importance. Due importance is not given for the development of green belt/ open space. Items specifically sought by EAC Contour Map of project site with surrounding area (to scale)/ Google image Assured source of water supply and outfall for storm water drainage Use of treated wastewater for flushing of toilets, landscaping and HVAC Energy saving and use of renewable sources Adequate parking and internal circulation Pedestrian tracks and play areas Green belt as a measure for mitigating dust, noise and odour Thought given to Corporate Social Responsibility and Sustainability 13

14 Certain good practices Save water demand at least 30% to 40%. Use energy from renewable sources, such as solar energy for at least 20% of the requirement of power for lighting and heating water. Limit fenestration to 40% of wall area, avoiding sunny faces Use energy-efficient devices and fittings. Ensure freedom from flooding both on-site and off-site Use cellular concrete blocks for sun-facing walls Utilise industrial wastes such as fly ash and slag Adopt the norms suggested by the Bureau of Energy Efficiency for heat gained through walls and roof Encourage environment-friendly practices, such as biomass gasification, vermi-composting, bicycling and walking, etc. Implement environmental management plan and environmental monitoring right from the construction phase Paper Advertisement All the new clearances require a Paper advertisement in two news papers. This needs to be communicated to the regional office Bhopal. For the regional office this first communication informing the paper advertisement helps to establish necessary communication link with the project authorities. 14

15 Within 4 years, EIA as a preventive environmental tool has trained builders, developers, Town planners, architects, engineers and environmental consultants in impact identification quantification, mitigation, management & monitoring cycle. EIA has made it possible to look at Environmental Management as resources management instead of regulator/ pollution management. Appreciation of property due to implementation of Environment friendly measures has demonstrated positive role of Environmental economics. In the wake of global warming & increase in natural & man-made disasters, it is the environmentally sustainable development which will play a critical role towards averting a major ecological crisis. With strong leadership, clear vision and the right mix of policies and practices, sustainable urban development in India could soon gain popularity and become a benchmark for all new developments in the years to come. 15

16 God won t ask you, how you lived on the earth, He ll ask how you, took care of the Mother earth. THANK YOU 16