7 EIA Notification 1994

Sunil Mittal

Introduction
Ministry Of Environment And Forests Environment Impact Assessment Notification
Schedule I
Schedule II
Application Form

1. Introduction

The Environment (Protection) Act was enacted on 23rd May 1986 by Government of India. One of the objectives of the Act was to make environmental impact assessment statutory. The MoEF under Rule 5 of the Environment (Protection) Rules, 1986 notified mandatory EIA’s for 29 designated projects. The notification came on 27th January 1994. This was the principal piece of legislation governing environmental impact assessment. The notification made it compulsory to conduct and submit an EIA study report to an Impact Assessment Agency. As per the notification, it required to consult a multi-disciplinary committee of experts. The EIA provision was hence made a mandatory requirement under the Environment Protection Act, 1986 with the following four objectives:

Ø Predict the environmental impact of projects in advance

Ø To conduct baseline environmental data of the area where project has been proposed

Ø To find ways to manage and mitigate the expected adverse environmental impacts of the project

Ø Shape the projects as per local environmental conditions

Ø Public participation and opinion of the experts for the decision-makers

The Notification paved the way which made developmental projects (industries and infrastructure like dams, mines, refineries, large commercial complexes, highways, power projects, etc.) responsible for ensuring their environmental impacts as part of their planning and design processes. The notification specified the step by step process of obtaining Environmental Clearance (EC) for various projects enlisted in the notification. This also ensured public participation in the decision making so that communities that live in the project area are not threatened.

The notification has 4schedules and an application form the schedule-I enlists the projects requiring environmental clearance from the central government. The schedule-I contain 30 projects.

The schedule-II details the procedure for seeking environment clearance of projects. According to Schedule II of the notification, the EIA report should contain the following studies:

Description of the proposed activities like area of project, its location, other projects in surrounding area, architectural and technical design etc.
Details of the base line environmental data in terms of air quality, water quality, soil quality, noise, flora & fauna, geological and geographical conditions etc.
To predict the environmental parameters which will be affected by the proposed activity?
To predict the waste generation, water requirement (and the existing balance), power requirement etc.
To predict the social, economical and health impacts
Description of the practical activities as appropriate
A risk assessment report and disaster management plan to mitigate adverse environmental impacts of proposed activity and assessment of those measures;
A detailed environmental feasibility report of all the information provided.

The schedule III details the composition of the expert committees for environmental impact assessment. The Notification also mandates a public hearing under schedule IV, with further review by a committee of experts in certain cases. Any member of the public can have access to a summary of the Project Report and the detailed environment management plans. After initial implementation of EIA notification 1994, the MoEF also made many amendments in the notification. MoEF vide notification No. S.O.319 E dated 10th April 1997, took a step in decentralizing the responsibilities of conducting EIA.

The EIA Notification, 1994 was subsequently amended time and again. Amendments of 4th May 1994, 10th April 1997 and 27th January 2000 led to making EIA mandatory for 30 activities. The detailed EIA notification 1994 is appended herewith along with the schedules and application form.

MINISTRY OF ENVIRONMENT AND FORESTS

ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION S.O.60(E), dated 27/01/1994

(Source: http://envfor.nic.in official website of Ministry of Environment and Forest, Govt. of India)

1) S.O. 60 (E)- Whereas a notification under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 inviting objections from the public within sixty days from the date of publication of the said notification, against the intention of the Central Government to impose restrictions and prohibitions on the expansion and modernization of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government in accordance with the procedure specified in that notification was published as SO No. 80(E) dated 28th January, 1993;

And whereas all objections received have been duly considered;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby directs that on and from the date of publication of this notification in the Official Gazette, expansion or modernization of any activity (if pollution load is to exceed the existing one, or new project listed in Schedule I to this notification, shall not be undertaken in any part of India unless it has been accorded environmental clearance by the Central Government in accordance with the procedure hereinafter specified in this notification

2) Requirements and procedure for seeking environmental clearance of projects:

I. (a) Any person who desires to undertake any new project in any part of India or the expansion or modernization of any existing industry or project listed in the Schedule-I shall submit an application to the Secretary, Ministry of Environment and Forests, New Delhi.

The application shall be made in the proforma specified in Schedule-II of this notification and shall be accompanied by a project report which shall, inter-alia, include an Environmental Impact Assessment Report, Environment Management Plan and details of public hearing as specified in Schedule-IV prepared in accordance with the guidelines issued by the Central Government in the Ministry of Environment and Forests from time to time. However, Public Hearing is not required in respect of (i) small scale industrial undertakings located in (a) notified/designated industrial areas/industrial estates or (b) areas earmarked for industries under the jurisdiction of industrial development authorities; (ii) widening and strengthening of highways; (iii) mining projects (major minerals) with lease area up to twenty five hectares, (iv) units located in Export Processing Zones, Special Economic Zones and (v) modernization of existing irrigation projects.

Provided that for pipeline projects, Environmental Impact Assessment report will not be required:

Provided further, that for pipeline and highway projects, public hearing shall be conducted in each district through which the pipeline or highway passes through.

(b) Cases rejected due to submission of insufficient or inadequate data and Plan may be reviewed as and when submitted with complete data and Plan. Submission of incomplete data or plans for the second time would itself be a sufficient reason for the Impact assessment Agency to reject the case summarily.

II. In case of the following site specific projects:

(a) mining

(b) pit-head thermal power stations;

(d) ports and harbours (excluding minor ports);

(e) prospecting and exploration of major minerals in areas above 500 hectares;

The project authorities will intimate the location of the project site to the Central Government in the Ministry of Environment and Forests while initiating any investigation and surveys. The Central Government in the Ministry of Environment and Forests will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance shall be granted for a sanctioned capacity and shall be valid for a period of five years for commencing the construction, operation or mining.

III. (a) The reports submitted with the application shall be evaluated and assessed by the Impact Assessment Agency, and if deemed necessary it may consult a committee of Experts, having a composition as specified in Schedule-III of this Notification. The Impact Assessment Agency (IAA) would be the Union Ministry of Environment and Forests. The Committee of Experts mentioned above shall be constituted by the Impact Assessment Agency or such other body under the Central Government authorised by the Impact Assessment Agency in this regard.

(b) The said Committee of Experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the operations relating to the project.

(c) The Impact Assessment Agency shall prepare a set of recommendations based on technical assessment of documents and data, furnished by the project authorities supplemented by data collected during visits to sites or factories, if undertaken and details of the public hearing.

The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the project authorities and completion of public hearing and decision conveyed within thirty days thereafter.

The clearance granted shall be valid for a period of five years for commencement of the construction or operation of the project.

IV. In order to enable the Impact Assessment Agency to monitor effectively the implementation of the recommendations and conditions subject to which the environmental clearance has been given, the project authorities concerned shall submit a half yearly report to the Impact Assessment Agency. Subject to the public interest, the Impact Assessment Agency shall make compliance reports publicly available.

V. If no comments from the Impact Assessment Agency are received within the time limit, the project would be deemed to have been approved as proposed by project authorities.

3) Nothing contained in this Notification shall apply to:

a. Any item falling under entry Nos. 3, 18 and 20 of the Schedule-I to be located or proposed to be located in the areas covered by the Notifications S.O. No.102 (E) dated 1st February, 1989, S.O. 114 (E) dated 20th February, 1991; S.O. No. 416 (E) dated 20th June, 1991 and S.O. No.319 (E) dated 7th May, 1992.

b. Any item falling under entry no.1,2,3,4,5,7,9,10,13,14,16,17,19,21,25,27 of Schedule-I if the investment is less than Rs.100 crores for new projects and less than Rs. 50 crores for expansion / modernization projects.

c. Any item reserved for Small Scale Industrial Sector with investment less than Rs. 1 crore.

d. Defence related road construction projects in border areas.

e. Any item falling under entry no. 8 of Schedule-I, if that product is covered by the notification G.S.R. 1037(E) dated 5th December 1989

f. Modernization projects in irrigation sector if additional command area is less than 10,000 hectares or project cost is less than Rs. 100 crores.

4) Concealing factual data or submission of false, misleading data/reports, decisions or recommendations would lead to the project being rejected. Approval, if granted earlier on the basis of false data, would also be revoked. Misleading and wrong information will cover the following:

Ø False information

Ø False data

Ø Engineered reports

Ø Concealing of factual data

Ø False recommendations or decisions

SCHEDULE-I

(See paras 1 and 2)

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 hydro power, major Irrigation and their combination including flood control.

3. 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

SCHEDULE-II

[See Sub-para I (a) of para 2]

Procedure for seeking environment clearance of projects

I. (1) Any person who desires to establish a thermal power plant of any category mentioned n Schedule-I, shall submit an application to the Department of the State Government dealing with the subject of environment.

(2) The application shall be made in the Form ‘A’ specified in Schedule-II annexed to this notification and shall be accompanied by a detailed project report which shall, inter alia, include an Environmental Impact Assessment Report and an Environment Management plant prepared n accordance with the guidelines issued by the State Department of Environment from time to time.

(3) Cases rejected due to submission of insufficient or inadequate data and Action Plans may be reviewed as and when submitted with complete data and Action Plans. Submission of incomplete data for the second time would itself be a sufficient reason for the State Government to reject the case summarily.

(4) In case of the pit-head thermal power plants, the applicant shall intimate the location of the project site to the State Government while initiating any investigation and surveys. The State Government will convey a decision regarding suitability or otherwise of the proposed site within a maximum period of thirty days. The said site clearance will be granted for a sanctioned capacity and it will be valid for a period of five years for commencing the construction or operation of the project.

II (1) The applicant shall obtain No Objection Certificate from the concerned Pollution Control Board. The State Pollution Control Board shall issue No Objection Certificate to establish only after completing public hearing as specified in Schedule-IV annexed to this notification.

(2) The reports submitted with the application and No Objection Certificate from the State Pollution Control Board shall be evaluated and assessed by the State Government, in consultation with a Committee of experts which shall be constituted by the State Government as specified in Schedule-III appended to this notification.

(3) The said Committee of experts shall have full right of entry and inspection of the site or, as the case may be, factory premises at any time prior to, during or after the commencement of the preparations relating to the plant.

(4) The State Government Department dealing with the subject of Environment shall prepare a set of recommendations based on technical assessment of documents and data furnished by the applicant supplemented by data collected during visits to sites, if undertaken and interaction with affected population and environment groups, if necessary.

(5) The assessment shall be completed within a period of ninety days from receipt of the requisite documents and data from the applicant and decision conveyed within thirty days thereafter.

(6) The environmental clearance granted shall be valid for a period of five years from commencement of the construction or operation of the project.

III Concealing factual data or submission of false, misleading data reports, decisions of recommendations would lead to the project being rejected. Approval, if granted, earlier on the basis of false data, can also be revoked.

(FORM A)

APPLICATION FORM

1. (a) Name and Address of the project proposed :

(b) Location of the project:

Name of the Place:

District, Tehsil:

Latitude/Longitude:

Nearest Airport/Railway Station:

(d) Does the site conform to stipulated land use as per local land use plan:

2. Objectives of the project:

3. (a) Land Requirement:

(b) (i) Land use in the Catchment within 10 kms radius of the proposed site: (ii) Topography of the area indicating gradient, aspects and altitude: (iii)Erodibility classification of the proposed land:

(d) Distance of the nearest National Park/Sanctuary/Biosphere Reserve/Monuments/heritage site/Reserve Forest:

(e) Rehabilitation plan for quarries/borrow areas:

(f) Green belt plan:

(g) Compensatory afforestation plan:

4. Climate and Air Quality:

(a) Windrose at site:

(b) Max/Min/Mean annual temperature:

(d) Frequency of cyclones/tornadoes/cloud burst:

(e) Ambient air quality data:

(f) Nature & concentration of emission of SPM, Gas (CO, CO2, NOx, CHn etc.) from the project:

5. Water balance:

(a) Water balance at site:

(b) Lean season water availability; Water Requirement:

(d) Water quality:

(e) Changes observed in quality and quantity of groundwater in the last years and present charging and extraction details:

(f) (i) Quantum of waste water to be released with treatment details:

(ii) Quantum of quality of water in the receiving body before and after disposal of solid wastes:

(g) (i) Details of reservoir water quality with necessary Catchment Treatment Plan:

(ii) Command Area Development Plan:

6. Solid wastes:

(a) Nature and quantity of solid wastes generated

(b) Solid waste disposal method

7. Noise and Vibrations:

(a) Sources of Noise and Vibrations:

(b) Ambient noise level:

(d) Subsidence problem, if any, with control measures:

8. Power requirement indicating source of supply: Complete environmental details to be furnished separately, if captive power unit proposed:

9. Peak labor force to be deployed giving details of:

(a) Endemic health problems in the area due to waste water/air/soil borne diseases

(b) Health care system existing and proposed

10. (a) Number of villages and population to be displaced:

(b) Rehabilitation Master Plan

Risk Assessment Report and Disaster Management Plan:
(a) Environmental Impact Assessment

(b) Environment Management Plan:

(d) Duly filled in questionnaire

Report prepared as per guidelines issued by the Central Government in the MOEF from time to time:

Details of Environmental Management Cell:

I hereby give an undertaking that the data and information given above are due to the best of my knowledge and belief and I am aware that if any part of the data/information submitted is found to be false or misleading at any stage, the project be rejected and the clearance given, if any, to the project is likely to be revoked at our risk and cost

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