15 Procedure of Environment clearance of Category B (Building and Construction) and B1 Projects in India

Sunil Mittal

1. Introduction 

2. Environment clearance/Appraisal Process for category B1 and B (Building and construction Projects) at State Level

3.Appendix II

4. Appendix XVI

1. Introduction

This module will discuss the Environment Clearance process for the Category B projects in the Schedule and more specifically category B1 projects and category B building and construction projects. In case of Category ‘B’ projects or activities, the first step is the scrutiny of an application seeking prior environmental clearance made in Form 1 by the concerned State level Expert Appraisal Committee (SEAC) for determining whether or not the project or activity requires further environmental studies for preparation of an Environmental Impact Assessment (EIA). Initially, in EIA 2006 guidelines, the category B was divided into B1 requiring environmental clearance and all other projects not covered under category B were regarded B2 and do not require environmental clearance. As per various amendments, currently, the projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’ and will not require an Environment Impact Assessment report. For categorization of projects into B1 or B2 except building and construction projects, the Ministry of Environment and Forests shall issue appropriate guidelines from time to time. The Guidelines for categorization of some of the projects into B1 or B2 are enlisted in table-1.

2.   Environment clearance/Appraisal Process for category B1 and B (Building and construction Projects) at State Level

As discussed in the previous module, all the projects under category B1 and B (Building and construction Projects) are dealt at state level. The regulatory and processing authorities in these category of projects are SEIA and SEAC. The major differences in the Category A and B1 projects are:

i)  Category A projects are dealt at Centre level by MoEF on recommendations of sector specific EAC where as Category B1 projects are under the ambit of State Level committees SEIA and SEAC.

ii)  Category A projects do not require screening but Category B1 requires the screening step.

Further as like Category A projects, Category B1 also proceed through EIA and Public hearing except Building and construction projects which do not require Public consultation. The scheme-1 represents schematic representation of the Environmental Clearance process at State Level for Category B1 Projects. Table 3 gives details of the process of Environment clearance for category B (Building and Construction Projects). Further, an Environmental Cell shall be setup at the local authority level to support compliance and monitoring of environmental conditions in buildings as detailed in Appendix-XVI of EIA notification 2006 amendments.

Stage (1) Screening

Step     -1:     Online     Application:       The       application     for       all     new       and      existing

expansion/modernization projects is applied online at the website www.environmentalclearance.nic.in in the domain of the respective state portal. The following forms/documents are uploaded online depending on the type of project:

Ø   Cover letter dully stamped and signed by the project proponent/developer

Ø   Form –1 (Attached in Previous Module No. 14)

Ø   Form –1 A (Attached as Appendix II)

Ø   Prefeasibility report

Ø   Environmental Management plan

Ø   Risk Management

Ø   Proof of ownership of land

Ø   Approved layout plan along with relevant annexure/conceptual Plan

Ø   Topographic sheet

Step – 2: Scrutiny of application: The online application received in the respective state portal is scrutinized by the processing authorities for the predefined checklist as required for category B1 projects. If the application is complete as per checklist, the application is further placed before the regulatory authorities. If incomplete, the additional documents or information is sought from the project proponent.

Step -3: Determination of Project Category: The application complete in all respect is placed before the SEAC for screening of the project to determine its category. Project proponent or his authorized person is usually called to make presentation of the project proposal and clear any doubts about the submitted form 1 and 1A or any other if required. In this stage, the projects are categorized as B1 or B2. The projects requiring an Environmental Impact Assessment report shall be termed Category ‘B1’ and remaining projects shall be termed Category ‘B2’.

Stage (2) Scoping: “Scoping”: refers to the process by which the Expert Appraisal Committee in the case of Category ‘A’ projects or activities, and State level Expert Appraisal Committee in the case of Category ‘B1’ projects or activities, including applications for expansion and/or modernization and/or change in product mix of existing projects or activities, determine detailed and comprehensive Terms Of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or activity for which prior environmental clearance is sought. The composition and qualifications of the SEAC and SEIA is already discussed in previous module.

Step-4: For B1 projects, the Terms of Reference (TOR) shall be conveyed to the applicant by the State Level Expert Appraisal Committee as concerned within sixty days of the receipt of Form 1. All projects and activities listed as Category ‘B’ in Item 8 of the Schedule (Construction/Township/Commercial Complexes /Housing) shall not require Scoping and will be appraised on the basis of Form 1/ Form 1A and the conceptual plan. Applications for prior environmental clearance may be rejected by the regulatory authority concerned on the recommendation of the EAC or SEAC concerned at this stage itself. In case of such rejection, the decision together with reasons for the same shall be communicated to the applicant in writing within sixty days of the receipt of the application. If accepted, it proceeds to next stage.

Stage (3)– Public Consultation: “Public Consultation” refers to the process by which the concerns of local affected persons and others who have plausible stake in the environmental impacts of the project or activity are ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate. Procedure for public consultation is same as discussed in previous module. All Category B1 projects or activities shall undertake Public Consultation, except the following:-

(a) Modernization of irrigation projects (item 1(c) (ii) of the Schedule).

(b)  All projects or activities located within industrial estates or parks (item 7(c) of the Schedule) approved by the concerned authorities, and which are not disallowed in such approvals.

(c) Expansion of Roads and Highways (item 7 (f) of the Schedule) which do not involve any further acquisition of land.

(d)Maintenance dredging provided the dredged material shall be disposed within port limits.

(e)  All Building or Construction projects or Area Development projects (which do not contain any category A projects and activities) and Townships (item 8(a) and 8(b) in the schedule).

(f) All Category ‘B2’ projects and activities.

(g) All projects or activities concerning national defence and security or involving other strategic considerations as determined by the Central Government.

Step-5: The public hearing at, or in close proximity to, the site(s) in all cases shall be conducted by the State Pollution Control Board and forward the proceedings to the regulatory authority concerned within 45 days of a request to the effect from the applicant. After completion of the public consultation, the applicant shall address all the material environmental concerns expressed during this process, and make appropriate changes in the draft EIA and EMP.

Step-6: The final EIA report, so prepared, shall be submitted by the applicant to the concerned regulatory authority for appraisal. The applicant may alternatively submit a supplementary report to draft EIA and EMP addressing all the concerns expressed during the public consultation.

Stage (4) Appraisal: Appraisal means the detailed scrutiny by the State Level Expert Appraisal Committee of the application and other documents like the Final EIA report, outcome of the public consultations including public hearing proceedings, submitted by the applicant to the regulatory authority concerned for grant of environmental clearance.

Step-7: The final EIA report prepared so which include the TOR as well as public consultations is presented before the SEAC followed by SEIA. The appraisal of an application be shall be completed by the State Level Expert Appraisal Committee concerned within sixty days of the receipt of the final Environment Impact Assessment report and other documents.

Step-8:Grant or Rejection of Environmental Clarence: The regulatory authority shall consider the recommendations of the SEAC concerned and convey its decision to the applicant within forty five days of the receipt of the recommendations of the State Level Expert Appraisal Committee concerned or in other words within one hundred and five days of the receipt of the final Environment Impact Assessment Report, and where Environment Impact Assessment is not required, within one hundred and five days of the receipt of the complete application with requisite documents. If reject, the so is informed to the project proponent with valid reasons.

APPENDIX II

FORM-1 A (only for construction projects listed under item 8 of the Schedule)

CHECK LIST OF ENVIRONMENTAL IMPACTS

(Project proponents are required to provide full information and wherever necessary attach explanatory notes with the Form and submit along with proposed environmental management plan & monitoring programme)

1. LAND ENVIRONMENT

(Attach panoramic view of the project site and the vicinity)

1.1 Will the existing landuse get significantly altered from the project that is not consistent with the surroundings? (Proposed landuse must conform to the approved Master Plan / Development Plan of the area. Change of landuse if any and the statutory approval from the competent authority be submitted). Attach Maps of (i) site location, (ii) surrounding features of the proposed site (within 500 meters) and (iii)the site (indicating levels & contours) to appropriate scales. If not available attach only conceptual plans.

1.2 List out all the major project requirements in terms of the land area, built up area, water consumption, power requirement, connectivity, community facilities, parking needs etc.

1.3 What are the likely impacts of the proposed activity on the existing facilities adjacent to the proposed site? (Such as open spaces, community facilities, details of the existing landuse, disturbance to the local ecology).

1.4 Will there be any significant land disturbance resulting in erosion, subsidence & instability? (Details of soil type, slope analysis, vulnerability to subsidence, seismicity etc may be given).

1.5 Will the proposal involve alteration of natural drainage systems? (Give details on a contour map showing the natural drainage near the proposed project site)

1.6 What are the quantities of earthwork involved in the construction activity-cutting, filling, reclamation etc. (Give details of the quantities of earthwork involved, transport of fill materials from outside the site etc.)

1.7    Give details regarding water supply, waste handling etc during the construction period.

1.8 Will the low lying areas & wetlands get altered? (Provide details of how low lying and wetlands are getting modified from the proposed activity)

1.9 Whether construction debris & waste during construction cause health hazard? (Give quantities of various types of wastes generated during construction including the construction labour and the means of disposal).

2.  WATER ENVIRONMENT

2.1 Give the total quantity of water requirement for the proposed project with the breakup of requirements for various uses. How will the water requirement met? State the sources & quantities and furnish a water balance statement.

2.2     What is the capacity (dependable flow or yield) of the proposed source of water?

2.3 What is the quality of water required, in case, the supply is not from a municipal source? (Provide physical, chemical, biological characteristics with class of water quality.

2.4 How much of the water requirement can be met from the recycling of treated wastewater? (Give the details of quantities, sources and usage).

2.5 Will there be diversion of water from other users? (Please assess the impacts of the project on other existing uses and quantities of consumption).

2.6 What is the incremental pollution load from wastewater generated from the proposed activity? (Give details of the quantities and composition of wastewater generated from the proposed activity).

2.7 Give details of the water requirements met from water harvesting? Furnish details of the facilities created.

2.8 What would be the impact of the land use changes occurring due to the proposed project on the runoff characteristics (quantitative as well as qualitative) of the area in the post construction phase on a long term basis? Would it aggravate the problems of flooding or water logging in any way?

2.9 What are the impacts of the proposal on the ground water? (Will there be tapping of ground water; give the details of ground water table, recharging capacity, and approvals obtained from competent authority, if any).

2.10 What precautions/measures are taken to prevent the run-off from construction activities polluting land & aquifers? (Give details of quantities and the measures taken to avoid the adverse impacts)

2.11 How is the storm water from within the site managed?(State the provisions made to avoid flooding of the area, details of the drainage facilities provided along with a site layout indication contour levels).

2.12 Will the deployment of construction labourers particularly in the peak period lead to unsanitary conditions around the project site (Justify with proper explanation)

2.13 What on-site facilities are provided for the collection, treatment & safe disposal of sewage? (Give details of the quantities of wastewater generation, treatment capacities with technology & facilities for recycling and disposal).

2.14 Give details of dual plumbing system if treated waste used is used for flushing of toilets or any other use.

3.  VEGETATION

3.1 Is there any threat of the project to the biodiversity? (Give a description of the local ecosystem with its unique features, if any)

3.2 Will the construction involve extensive clearing or modification of vegetation? (Provide a detailed account of the trees & vegetation affected by the project)

3.3 What are the measures proposed to be taken to minimize the likely impacts on important site features (Give details of proposal for tree plantation, landscaping, creation of water bodies etc along with a layout plan to an appropriate scale).

4. FAUNA

4.1 Is there likely to be any displacement of fauna- both terrestrial and aquatic or creation of barriers for their movement? Provide the details.

4.2    Any direct or indirect impacts on the avifauna of the area? Provide details.

4.3 Prescribe measures such as corridors, fish ladders etc to mitigate adverse impacts on fauna.

5. AIR ENVIRONMENT

5.1 Will the project increase atmospheric concentration of gases & result in heat islands? (Give details of background air quality levels with predicted values based on dispersion models taking into account the increased traffic generation as a result of the proposed constructions)

5.2 What are the impacts on generation of dust, smoke, odorous fumes or other hazardous gases? Give details in relation to all the meteorological parameters.

5.3 Will the proposal create shortage of parking space for vehicles? Furnish details of the present level of transport infrastructure and measures proposed for improvement including the traffic management at the entry & exit to the project site.

5.4 Provide details of the movement patterns with internal roads, bicycle tracks, pedestrian pathways, footpaths etc., with areas under each category.

5.5 Will there be significant increase in traffic noise & vibrations? Give details of the sources and the measures proposed for mitigation of the above.

5.6 What will be the impact of DG sets & other equipment on noise levels & vibration in & ambient air quality around the project site? Provide details.

6. AESTHETICS

6.1 Will the proposed constructions in any way result in the obstruction of a view, scenic amenity or landscapes? Are these considerations taken into account by the proponents?

6.2    Will there be any adverse impacts from new constructions on the existing structures?

What are the considerations taken into account?

6.3 Whether there are any local considerations of urban form & urban design influencing the design criteria? They may be explicitly spelt out.

6.4 Are there any anthropological or archaeological sites or artifacts nearby? State if any other significant features in the vicinity of the proposed site have been considered.

7.   SOCIO-ECONOMIC ASPECTS

7.1 Will the proposal result in any changes to the demographic structure of local population? Provide the details.

7.2    Give details of the existing social infrastructure around the proposed project.

7.3 Will the project cause adverse effects on local communities, disturbance to sacred sites or other cultural values? What are the safeguards proposed?

8. BUILDING MATERIALS

8.1. May involve the use of building materials with high-embodied energy. Are the construction materials produced with energy efficient processes? (Give details of energy conservation measures in the selection of building materials and their energy efficiency)

8.2. Transport and handling of materials during construction may result in pollution, noise & public nuisance. What measures are taken to minimize the impacts?

8.3. Are recycled materials used in roads and structures? State the extent of savings achieved?

8.4. Give details of the methods of collection, segregation & disposal of the garbage generated during the operation phases of the project.

9. ENERGY CONSERVATION

9.1. Give details of the power requirements, source of supply, backup source etc. What is the energy consumption assumed per square foot of built-up area? How have you tried to minimize energy consumption?

9.2. What type of, and capacity of, power back-up to you plan to provide?

9.3. What are the characteristics of the glass you plan to use? Provide specifications of its characteristics related to both short wave and long wave radiation?

9.4. What passive solar architectural features are being used in the building? Illustrate the applications made in the proposed project.

9.5. Does the layout of streets & buildings maximize the potential for solar energy devices? Have you considered the use of street lighting, emergency lighting and solar hot water systems for use in the building complex? Substantiate with details.

9.6. Is shading effectively used to reduce cooling/heating loads? What principles have been used to maximize the shading of Walls on the East and the West and the Roof? How much energy saving has been effected?

9.7. Do the structures use energy-efficient space conditioning, lighting and mechanical systems? Provide technical details. Provide details of the transformers and motor efficiencies, lighting intensity and air-conditioning load assumptions? Are you using CFC and HCFC free chillers? Provide specifications.

9.8. What are the likely effects of the building activity in altering the micro-climates? Provide a self-assessment on the likely impacts of the proposed construction on creation of heat island & inversion effects?

9.9. What are the thermal characteristics of the building envelope? (a) roof; (b) external walls; and (c) fenestration? Give details of the material used and the U-values or the R values of the individual components.

9.10. What precautions & safety measures are proposed against fire hazards? Furnish details of emergency plans.

9.11. If you are using glass as wall material provides details and specifications including emissivity and thermal characteristics.

9.12. What is the rate of air infiltration into the building? Provide details of how you are mitigating the effects of infiltration.

9.13. To what extent the non-conventional energy technologies are utilised in the overall energy consumption? Provide details of the renewable energy technologies used.

10. Environment Management Plan

The Environment Management Plan would consist of all mitigation measures for each item wise activity to be undertaken during the construction, operation and the entire life cycle to minimize adverse environmental impacts as a result of the activities of the project. It would also delineate the environmental monitoring plan for compliance of various environmental regulations. It will state the steps to be taken in case of emergency such as accidents at the site including fire.

APPENDIX-XVI

Environmental Cell at the level of Local Authority:

An Environmental Cell shall be setup at the local authority level to support compliance and monitoring of environmental conditions in buildings. The Cell shall also provide assistance in environmental planning and capacity building within their jurisdiction. The responsibility of this cell would be monitoring the implementation of this notification and providing an oversight to the Third-Party Auditing process. The cell will operate under the local authority.

Constitution of the cell:

The cell will comprise of at least 3 dedicated experts in following fields:

a. Waste management (solid and liquid)

b. Water conservation and management

c. Resource efficiency including Building materials

d. Energy Efficiency and renewable energy

e. Environmental planning including air quality management.

f. Transport planning and management.

The Cell shall induct at least two outside experts as per the requirements and background of dedicated experts. Existing environmental cells at the level of local authority can be co-opted and trained for this Cell.

Financial Support:

An additionalfee may be charged along with processing fee for building permission for integrating environmental conditions and it’s monitoring. The local authority can fix and revise this additional fee from time to time. The amount of this fee shall be deposited in a separate bank account, and used for meeting the requirement of salary / emoluments of experts and running the system of online application, verifications and the Environmental Cell.

Functions of the Cell:

The cell shall be responsible for assessing and appraising the environmental concerns of the area under their jurisdiction where building activities are proposed. The Cell can evolve and propose additional environmental conditions as per requirements. These conditions may be area specific and shall be notified in advance from time to time. These additional conditions shall be approved following a due consultation process. These environmental conditions will be integrated in building permissions by the sanctioning authority.

Develop and maintain an online system for application and payment of fees. The Cell shall maintain an online database of all applications received, projects approved, the compliance audit report, random inspections made. The Cell shall maintain a portal for public disclosure of project details including self-certification and compliance audit reports filed by the Qualified Building Environment Auditors for public scrutiny of compliance of environmental conditions by the project.

Monitoring the work of Environmental Audit process carried by the Qualified Building Auditors.

The Cell shall review the applications; finalize the additional environmental conditions if required within 30 days of the submission of the application to the local authority.

The Cell shall adopt risk based random selection of projects for verifying on site for certification of QBA, compliance of environmental conditions and five yearly audit report. The Cell shall recommend to the local authority for financial penalty for non-compliance of environmental conditions by the project proponent.

The Cell shall recommend to the accrediting body and the local authority against any Qualified Building Environment Auditor, if any lapse is found in their work.