EIA Study and Report Preparation 20 June, Dr. Suneel Pandey Senior Fellow

Transcription

1 EIA Study and Report Preparation 20 June, 2013 Dr. Suneel Pandey Senior Fellow

2 EIA as an Environmental Management Tool

3 Environmental Impact Assessment (EIA) - Introduction An assessment of the impact of a planned activity on the environment EIA is a planning tool used to predict and evaluate the potentially significant impacts of proposed action and provide a mitigation plan for minimizing adverse impacts for making decision on the proposed project/ program/policy Rio principle 17 states EIA as national instrument, shall be undertaken for the proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority

4 EIA A Tool for Sustainable Development EIA - Tool for integrating objectives of environmental management into decision making process. Environmental (Protection) Act 1986, empowered Central Government to introduce requirement of formal EIA procedure prior to clearance for the projects likely to have significant environmental impacts. Notable(& most important) feature of EIA notification was to treat EIA process as Statutory requirement rather than an Administrative requirement.

5 EIA/EC Process in India Hydro projects, thermal power projects were subjected to environmental assessment DoE/MoEF was doing all projects requiring PIB approval EIA for environmental clearance was made mandatory in 1994 under E (P) Act MoEF listed 32 category of listed projects including private investments Earlier only MoEF was assigned the responsibility of the appraisal of projects for EIA Clearance

6 Identified Constraints in EC Process under EIA Notification, 1994 Cumbersome procedure Disproportionate details sought with applications Delay in appraisal meetings Time consuming and requiring undue effort Reopening of technical issues during various stages of appraisal Poor quality of EIA studies by consultants Delays by other concerned agencies

7 Ownership of EIA Report & Other Documents by the Project Proponent (MoEF OM Dated Dec. 5 th, 2011)

8 Violation of EPA/EIA/CRZ Notification (MoEF OM Dated Nov. 16 th, 2010)

9 Steps to be Followed in EIA Study/EC Process

10 EIA Network

11 EIA Methodology - Preparation of EIA/EMP Report Screening Scoping Baseline Data Collection Prediction of Impacts Evaluation of Impacts Environmental Management Plan (EMP) Post Project Monitoring (PPM) Public hearing

12 Steps to be Followed in EIA Study/EC Process Whether Project Requires Environmental Clearance (EC) ( As per EIA Notification (2006) as amended till date? Whether it is NH/SH Project /or Expansion Project in Hilly Area above 100m MSL? What is the Category of Project ( Category A or B )? Whether EC will be Provided by MoEF (As Category A or Category B Project due to absence of duly constituted SEIAA? Whether GC Applies or Not? Whether they Require Forest/Wildlife/CRZ Clearance Also? What are existing MoEF provisions/rules/procedures? If EC (As Per EIA Notification) is Required Along with other Environmental Clearances?

13 Contd Depending Upon the Answers, we know that What Clearances have to obtained and where we have to approach for EC & Submit Duly Filled Form 1 with Pre-Feasibility Report (or DPR as required) along with Proposed ToR to the Concerned EAC of MoEF/SEIAA For Other Clearances Separate Forms Have to be Filled as per the Prescribed Proforma EAC Prescribes additional ToR depending on project setting/description & environmental setting If project involves Forest Clearance Ensure that a formal request in Prescribed Proforma has been made to Concerned State Government/ Forest Deptt. for Stage I Clearance If it involves Wildlife Clearance Separate Form has to be Submitted Before the ToR Stage

14 Steps to be Followed in EIA Study/EC Process- Contd. Carryout EIA Study as per ToR and additional ToR provided to project proponent Generally public hearing is mandatory except for projects which do not require additional land acquisition Conduct PH (coordinated by concerned SPCB) in affected districts as per the specified procedure (based on Draft EIA Report) Include comments/clarifications in Final EIA Report Present the Final EIA Report to EAC Provide Clarifications (If Sought by EAC) If the project require Forest Clearance, Stage-I clearance must be available with project proponent

15 Generic Structure of EIA Report as per EIA Notification, 2006 S. NO. EIA STRUCTURE CONTENTS 1. Introduction Purpose of report; Identification of project & project proponent; Brief description of nature, size, location and importance of project to country, region; Scope of study details of regulatory scoping carried out (As per Terms of Reference) 2. Project Description Condensed description of those aspects of the project likely to cause environmental effects. Details of the following: Type of project; Need for the project; Location (maps showing general location, specific location, project boundary & project site layout); Size or magnitude of operation; Proposed schedule for approval and implementation; Project description. Including drawings showing project layout, components of project etc. Schematic representations of the feasibility drawings which give information important for EIA purpose; Description of mitigation measures to meet environmental standards, environmental operating conditions, 3. Description of the Environment 4. Anticipated Environmental Impacts & Mitigation Measures 5. Analysis of Alternatives (Technology& Site) 6. Environmental Monitoring Program Study area, period, components & methodology; Establishment of baseline for valued environmental components, as identified in scope; Base maps of all environmental components Details of Investigated Environmental impacts due to project location, possible accidents, project design, project construction, regular operations, final decommissioning or rehabilitation of a completed project; Measures for minimizing adverse impacts identified; Irreversible & Irretrievable commitments of environmental components Assessment of significance of impacts; Mitigation measures In case, scoping exercise results in need for alternatives: Description of each alternative; Summary of adverse impacts of each alternative; Mitigation measures proposed for each alternative and; Selection of alternative Technical aspects of monitoring the effectiveness of mitigation measures 7. Additional Studies Public Consultation; Risk assessment; Social Impact Assessment.; R&R Action Plans 8. Project Benefits Improvements in physical infrastructure; Improvements in social infrastructure; Employment potential skilled; semi-skilled and unskilled; Other tangible benefits 9. Environmental Cost Benefit Analysis If recommended at the Scoping stage 10. EMP Description of administrative aspects of ensuring that mitigative measures are implemented & their effectiveness monitored, after approval of the EIA 11 Summary & Conclusion Overall justification for implementation of project; Explanation of how, adverse effects have been mitigated 12. Disclosure of Consultants Engaged The names of the Consultants engaged with their brief resume and nature of Consultancy rendered

16 Screening/Threshold Criteria for Road/ Highway Project as per EIA Notification 2006 (Amendments) Project or Activity Category With Threshold Limit Category Threshold Limit With Condition, if any 7 (f) Highways i) New National Highways; and ii) Expansion of National Highways greater than 30km involving additional right of way greater than 20m involving land acquisition and passing through more than one State. A B (i) All New State Highways Project; and (ii) State Highway expansion project in Hilly Terrain (above 1,000 m AMSL) and or ecologically sensitive areas General Conditions shall apply, any project or activity specified in category B will be treated as Category A, if located in whole or in part within 10km from the boundary of: i) Protected Areas notified under the Wildlife (Protection) Act, 1972 ii) Critically Polluted areas as identified by the Central Pollution Control Board from time to time, iii) Notified Eco- sensitive areas by MoEF iv) inter-state boundaries and international boundaries Note: Highways include expressways.

17 Guidelines of World Bank on the requirements of the Contents of an EIA report Executive Summary Policy, Legal, Institutional Framework Project Description Baseline Data Environmental Impact Analysis Cost/Benefit Analysis Analysis of Alternatives Mitigation Plan Institution Building Environmental Monitoring Plan Consultation Low

18 Guidelines of European Bank for Reconstruction & Development (EBRD) on the requirements of the Contents of an EIA report Executive Summary Policy, Legal, Institutional Framework Project Description Baseline Data Environmental Impact Analysis Cost/Benefit Analysis Low Analysis of Alternatives Mitigation Plan Institution Building Environmental Monitoring Plan Consultation

19 Guidelines of Asian Development Bank (ADB) on the requirements of the Contents of an EIA report Executive Summary Policy, Legal, Institutional Framework Project Description Baseline Data Environmental Impact Analysis Cost/Benefit Analysis Analysis of Alternatives Mitigation Plan Institution Building Environmental Monitoring Plan Consultation

20 Guidelines of MoEF on the requirements of the Contents of an EIA report Executive Summary Policy, Legal, Institutional Framework Project Description Baseline Data Environmental Impact Analysis Cost/Benefit Analysis Analysis of Alternatives Mitigation Plan Institution Building Environmental Monitoring Plan Consultation Low Low Low Low

21 Characteristics of an EIA Report Emphasis on four aspects: a) Layout b) Presentation c) Content and d) Summary

22 Brief description of Content Introduction Project Description Alternatives Baseline Environment Impact Identification Evaluation and Prediction of Impacts Environmental Management and Monitoring Plan

23 Baseline Data Collection

24 Points to Be Considered for Baseline Data Generation Improvement in the approach to select the monitoring network Improvement in the approach to design the monitoring network Improvement in the quality of Baseline data Development of standardized data base format Creation of a national data bank on environmental quality using GIS as a tool.

25 Baseline Data Collection Primary Data ( Actual On-Field Collection) and/or Secondary Data (From Reliable/Authentic Sources ) Air Quality (Along with Meteorological Parameters) Noise Water Environment ( Ground & Surface) Quality & Quantity Assessment Flora & Fauna Socio-Economic All Information are to collected within 10Km / CoI for Road & Highway Projects

26 Ambient Air Quality Standards

27 National Ambient Air Quality Standards, 2009 *Annual Arithmetic Mean of minimum 104 measurements in a year taken twice a week 24 hourly at uniform interval. **24-hourly/8-hourly values should be met 98% of the time in a year. However, 2% of the time, it may exceed but not on the two consecutive days.

28 Ambient Noise Standards

29 Ambient Air Quality Standards in Respect of Noise Category of Area Day time Limit in db(a) Leq Night time Industrial Area Commercial Area Residential Area Silence Zone Day Time: 6 am to 10 pm Night time:10 pm to 6 am Silence zone: Areas upto 100 m around premises such as hospitals, educational institutions and courts. The Silence zones are to be declared by the Competent Authority

30 Environmental Management Plan (EMP)

31 Elements of EMP Avoid adverse impacts as far as possible by use of preventative measures (Impact Avoidance) Minimize or reduce adverse impacts to as low as practicable levels (Impact Minimization) Remedy or compensate for adverse residual impacts which are unavoidable and cannot be reduced further (Impact Compensation)

32 Phases of EMP Pre-Construction /Design Stage/Phase Construction Phase (Including Site Clearing Operations) Operation Environmental Issues may vary in New Project (Greenfield) as compared to up-gradation/widening road/highway project (depending on project & environmental setting) EMP may also accordingly vary

33 Issues to be covered/addressed in EMP Applicable Environmental Laws Ways & means to ensure compliance of Environmental Laws /Rules/Regulations Identification/Delegation of the responsibilities to ensure compliance Special emphasis on Availability of raw materials (water, sand, aggregate, soil, fly ash, etc.) (quality, quantity & identification of their sources) Tree cutting Construction of bye-passes (effect due to acquisition of prime agricultural land

34 Issues to be Covered/Addressed In EMP- Contd. Compliance of various IRC Guidelines MoRTH Specifications to be ensured Road safety considerations are integral part of EIA/EMP Report Detailed Environmental Monitoring Programme/Budget for EMP has to be indicated in the EMP

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36 Public Hearing Related Issues

37 28 th. Sept.11- OM Public Hearing PHs shall be supervised by DM/District Collector/Dy. Commissioner or their representative (not below ADM), assisted by SPCB/ UTPP Representative. Date, time and venue postponement shall not be undertaken If done due to Exceptional Circumstances, Postponement shall be displayed and notified to the public Fresh dates to be taken and notified by SPCB/UTPCC member secretary and DM/ DC/ Deputy Commissioner

38 Presentation before Appraisal Committee for Prior EC

39 Self-evaluation of Quality and Adequacy of EIA report Readability Write Clearly Remove all ambiguities Avoid use of technical/jargon; all technical terms should be clearly explained.

40 Self-evaluation of Quality and Adequacy of EIA report Consideration and focus Do not slant or misinterpret findings Avoid confusion or mix-up among economic, environmental, and ecological impacts and productivity Avoid generalities unsubstantiated Avoid conflicting statements

41 Self-evaluation of Quality and Adequacy of EIA report Presentation Use well-defined, acceptable, qualitative terms Quantify factors, effects, uses and activities that are readily amenable to quantification.

42 Self-evaluation of Quality and Adequacy of EIA report Data Identify all sources Use up-to-date data Use field data collection programmes as necessary Use technically approved data collection procedures Give reasons for use of unofficial data.

43 Self-evaluation of Quality and Adequacy of EIA report Methods and Procedures Use quantitative estimation procedures, techniques and models for arrival at the best estimates. Identify and describe all procedures and models used Identify sources of all judgments Use procedures and models acceptable by professional standards.

44 Self-evaluation of Quality and Adequacy of EIA report Interpretation of Findings Consider and discuss all impact areas before any are dismissed as not applicable. Analyse controversial issues, and discuss the implications of all results

45 Self-evaluation of Quality and Adequacy of EIA report Interpretation of Findings Consider the implications for each area of a range of outcomes having significant uncertainty Analyse each alternative in detail and give reasons for not selecting it. Scrutinize and justify all interpretation, procedures, and findings that must stand up under expert professional scrutiny.

46 Documentation requirements for submission of EIA report Feasibility report (One copy); Site clearance for site specific projects mentioned in the EIA notification; EIA and EMP reports (20 copies); No Objection certificate from SPCB s and other local authorities; Duly filled in Application form (Environmental Appraisal Questionnaire);

47 Documentation requirements for submission of EIA report Risk analysis Report (20 copies), in case of projects involving hazardous substances; Rehabilitation plan where displacement of people is anticipated; Commitment regarding availability of water and electricity from competent authorities; Clearance from Airports Authority of India, if applicable; and Details of public hearing conducted by the concerned SPCB.

48 How to prepare the findings for Reviewer? To what extent are both the beneficial and adverse environmental effects clearly explained? What are the risks of adverse consequences and how are they evaluated? What is the scope of the EIA in terms of external factors and time lag effects? What (if any) are the impacts on environmentally sensitive areas, endangered species and their habitats, and recreational/aesthetic areas?

49 How to prepare the findings for Reviewer? What alternatives are considered: no project? other sites? other technologies? What lessons from previous similar projects are incorporated? How do the environmental effects change the costs and benefits of the project? What adverse effects are unavoidable? What public participation and review of project plans or the EIA have occurred?

50 How to prepare the findings for Reviewer? What mitigation measures are proposed, and who would be responsible for implementing them? What are the parameters to be monitored so that the sate of the environment can be studied throughout the project?

51 Presentation Before EAC/SEAC Consultant will have to make the presentation er official from project proponent/user agency has to accompany consultant during presentation/discussion EIA Report has to submitted in time to all concerned Special emphasis has to be given to various issues raised in Public Hearing Point-wise replies/presentation is required No lengthy introduction/arguments All supporting documents/information must be kept in readiness If project involves some special environmental issue/adequate emphasis to be made in the Presentation

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