Context: Recently, the Ministry of Environment, Forest and Climate Change (MoEFCC) has proposed a draft Environmental Impact Assessment (EIA) notification 2020, that seeks to replace the current notification which goes back to 2006.
What is Environmental impact assessment (EIA)?

• Environmental impact assessment (EIA) was developed as a tool to minimize negative impact of human activities on the environment.

The purpose of the environmental impact assessment is to:

• assess the impact of a proposed activity on the environment before making the decision on whether to carry it out, and
• Develop and assess measures to avoid or minimize those impacts if it is decided to carry out the activity.
• EIA can be defined as a process of collecting information about environmental impacts of a proposed project and consequent relevant decision-making.
• UNEP defines Environmental Impact Assessment (EIA) as “a tool used to identify the environmental, social and economic impacts of a project prior to decision-making. It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision-makers.”

Environment Impact Assessment Notification of 2006 has decentralized the environmental clearance projects by categorizing the developmental projects in two categories – Category A (national level appraisal) and Category B (state level appraisal).

• Category A projects – They require mandatory environmental clearance and thus they do not undergo the screening process.
• Category B Projects– They undergo screening process and they are classified into two types:
• Category B1 projects (Mandatorily require EIA).
• Category B2 projects (Do not require EIA).

Need for EIA

• Economic, social and environmental change is inherent to development. 
• Whilst development aims to bring about positive change it can lead to conflicts. Every anthropogenic activity has some impact on the environment more often it has a negative impact on the environment than positive.that is why there is a need to harmonize development activities with environmental concerns.
• The EIA process also serves an important procedural role in the overall decision-making process by promoting transparency and public involvement. 
• The need to avoid adverse impacts and to ensure long term benefits led to the concept of sustainability.

Objective of EIA is:

• To identify, predict and evaluate the economic, environmental and social impact of development activities 
• To provide information on the environmental consequences for decision making and 
• To promote environmentally sound and sustainable development through the identification of appropriate alternatives and mitigation measures.

Benefits of EIA

• Proposes modified designs to reduce environmental impacts
• Identifies feasible alternatives
• Predicts significant adverse impacts
• Other benefits- Environmental assessment has many benefits, such as protection of the environment, optimum utilization of resources and saving of time and cost of the project. 
• Identifies mitigation measures to reduce, offset, or eliminate major impacts
• Engages and informs potentially affected communities and individuals
• Influences decision-making and the development of terms and conditions.
• Promoting community participation- Properly conducted EIA also lessens conflicts by promoting community participation, informing decision-makers, and helping lay the base for environmentally sound projects. 

Understanding the EIA Process

• The Environmental Impact Assessment (EIA) process scrutinises the potential environmental impact and negative externalities of a proposed project.
• It also determines whether the project can be carried out in the form proposed, or whether it is to be abandoned or modified.
• The assessment is carried out by an Expert Appraisal Committee (EAC).
• EAC consists of scientists and project management experts.
• The EAC frames the scope of the EIA study and a preliminary report is prepared.
• That report is published, and a public consultation process takes place.
• Objections can be heard including from project-affected people.
• The EAC can then make a final appraisal of the project and forward that to the regulatory authority: Ministry of Environment and Forests (MoEF).
• The regulatory authority is ordinarily obliged to accept the decision of the EAC.

What are the components of EIA?
The fundamental components of an EIA would necessarily involve the following stages:

• Screeningto determine which projects or developments require a full or partial impact assessment study.
• Scoping to identify the key issues and impacts that should be further investigated. This stage also defines the boundary and time limit of the study.
• Assessment and evaluation of impacts and development of alternatives, to predict and identify the likely environmental impacts of a proposed project or development, including the detailed elaboration of alternatives.
• Reporting the Environmental Impact Statement (EIS) or EIA report, including an environmental management plan (EMP), and a non-technical summary for the general audience.
• Review of the Environmental Impact Statement (EIS),based on the terms of reference (scoping) and public (including authority) participation.
• Decision-makingon whether to approve the project or not, and under what conditions; and
• Monitoring, compliance, enforcement and environmental auditing. Monitor whether the predicted impacts and proposed mitigation measures occur as defined in the EMP. Verify the compliance of proponent with the EMP, to ensure that unpredicted impacts or failed mitigation measures are identified and addressed in a timely fashion.

What are the key features of Draft Environment Impact Assessment Notification, 2020?

Categorization of projects and activities:

• All infrastructure projects and activities will be divided into three categories based on their potential social and environmental impacts and the extent of such impact.
• All projects will require prior environment clearance from the concerned regulatory authority before commencement of any construction, installation, establishment, or any such activity.

Exemption: The 2006 notification defines ‘public consultation’ as the process by which the concerns of local affected persons and other stakeholders are addressed and taken into account while designing the project.  The draft notification exempts certain projects from public consultation. These include all building, construction and area development projects, inland waterways, expansion or widening of national highways, and modernisation of irrigation projects.
Violations:The draft notification provides four ways for cognizance of environmental violations. These are:

• application of the project promoter,
• reporting by any government authority,
• found during the appraisal by Appraisal Committee, or
• any violation found during the processing of application by the regulatory authority.

Issues pertaining to draft Notification 2020
Post-Facto Approval

• The new draft allows for post-facto approval for projects. It means that the clearances for projects can be awarded even if they have started construction or have been running phase without securing environmental clearances.
• This also means that any environmental damage caused by the project is likely to be waived off as the violations get legitimised.
• As the only remedy would be to impose a fine or punishment; but that would not reverse the detrimental consequences on the environment.
• Post facto approval is the derogation of the fundamental principles of environmental jurisprudence and violation of the “precautionary principle,” which is a principle of environmental sustainability. For example:  In 2017, post-facto clearance given to projects in Tamil Nadu was struck down by the Madras high court.

Public Consultation Process

• The draft notification provides for a reduction of the time period from 30 days to 20 days for the public to submit their responses during a public hearing for any application seeking environmental clearance.
• The danger is that if adequate time is not given for the preparation of views, comments and suggestions to those who would be affected by the project, then such public hearings would not be meaningful.
• Unless a public hearing is meaningful, the whole EIA process would lack transparency and credibility.
• Further, the reduction of time would particularly pose a problem in those areas where information is not easily accessible or areas in which people are not that well aware of the process itself.

Compliance Report Issue

• The 2006 notification required that the project proponent submit a report every six months, showing that they are carrying out their activities as per the terms on which permission has been given.
• However, the new draft requires the promoter to submit a report only once every year.
• During this period, certain irreversible environmental, social or health consequences of the project could go unnoticed because of the extended reporting time.
• For example, if a mining project is being carried out at someplace which can be potentially hazardous to the nearby population and can contaminate the air, and water nearby, a half-yearly compliance report would better help in addressing these concerns.

Bypassing EIA Process

• Through the draft notification, the central government gets the power to categorise projects as “strategic.”
• Once a project is considered as strategic, the draft notification states that no information related to such projects shall be placed in the public domain.
• Violations can only be reported suo motu by the project proponent, or by a government authority, appraisal committee, or regulatory authority. This is against the principles of natural justice.
• Further, the draft notification states that the new construction projects up to 1,50,000 square metres (instead of the existing 20,000 square metres) do not need “detailed scrutiny” by the Expert Committee, nor do they need EIA studies and public consultation.

Road Ahead

• Environmental regulation must balance damage to the environment with sustainable development and possible benefits but the new notification lays more emphasis on the benefits and so must be reconsidered.
• On a positive note, the 2020 draft notification has a clause dedicated to definitions to several terms related to EIA. It may be beneficial in the sense that it consolidates the EIA rules and has the potential of alleviating some ambiguity in the present law.

However, it needs to address the above issues. In this context:

• The ministry, instead of reducing the time for public consultation, should focus on ensuring access to information as well as awareness about the public hearing and its impact upon the whole EIA process.
• In order to improve ease of doing business, the government should bring down the average delay of 238 days in granting environmental clearance, that emanates from bureaucratic delays and complex laws.
• Grow now, sustain later should not be the policy, as the notion is dangerously tilted against the concept of sustainable development.
• With the EIA, we also need Social impact assessment to achieve sustainable development in true sense.