Environment Clearance Procedure-India

Kezar A.Shah
BE(Civil) NIT-Rourkela, MS(Environment) Leeds University,UK
GM(Environment & CSR)
Wonder Cement Limited, Chittorgarh -Rajasthan
1
Checks & Balances - Steps towards
“Environmental Clearance-Industrial Projects “

Environment Clearance- Steps
Pre-Feasibility Report & Form -1 to MOEF/SEIAA
Presentation for TOR to EAC
Baseline Study
Award of TOR
Submit EIA report to SPCB
Notice for Public Hearing
Conduct Public Hearing
MOM of Public Hearing to MOEF
Final EIA report to MOEF
Presentation to Env Assessment Committee
Grant of EC
2

Introduction
• All new or expansion projects listed in EIA -
Notifications-2006 requires environmental
clearance from Ministry of Environment &
Forest.
• Total time for grant of EC is 12 to 18 months.
• Construction work can not be started without
EC.
• Only boundary wall of project site can be
constructed before grant of EC.
3

Category of Industry
Category ‘A’ Industries (Large size)
• EC is granted by Ministry of Environment &
Forest (MOEF)
Category ‘B’ Industries (Small Size)
• EC is granted by State Environment Impact
Assessment Authority (SEIAA)
4

Classification-Category A & B
Industry Category “A” Category “B”
Mining of minerals  50 ha. of mining lease
area
<50 ha  1 ha .of mining
lease area.
Thermal Power
Plants
 500 MW < 500 MW
Cement plants  1.0 million tons/annum
capacity
<1.0 million tons/annum
capacity. ( grinding units)
Metallurgical
industries (ferrous
& non ferrous)
Primary metallurgical
industry
Secondary metallurgical
processing industry
5

EIA Consultant
• Services of EIA Consultant
(registered with MOEF) is
mandatory.
• Consultant carry out all work
from submission of application
upto grant of EC.
6

Preparation of Pre-feasibility Report & Form 1
• Report requires broad information of the
project (No Details).
• Online submission of PFR & Form 1 to MOEF
website.
• Acceptance of form1 by MOEF in 15 days
time.
• Hard copies of Form1 is submitted to MOEF.
7

TOR Presentation
• MOEF invites project proponent to make
presentation to expert appraisal committee
for TOR (Terms of Reference of EIA study).
• Committee has 10 to 15 experts on air
pollution, water pollution, meteorology,
mining, flora-fauna, CSR etc.
• Proponent presents basic information of site,
process , waste generation, impact on air,
water etc. to committee.
8

TOR & Baseline Study
After presentation committee prescribes TOR
conditions for 3 months base line data generation
and EIA study which includes:
• Number of monitoring locations for base line
ambient air, ground water, noise, soil quality etc.
• Total environmental impact & mitigation in 10 km
area of project.
• Land use, flora-fauna data of 10 km radius area.
• Impact on livelihood of land looser of project
affected area.
9

Public Hearing
• After collections of 3 months baseline data, EIA
report is prepared.
• Report is submitted to Pollution Control Board.
• PCB organizes public hearing within 45 days.
• Data of EIA study is presented to project affected
community.
• Proposals, objections, suggestions of community
is recorded (video) .
• Minutes of meeting & video is submitted to
MOEF.
10

Final EIA Report
• Final EIA report with minutes of public hearing
is submitted to MOEF.
• MOEF invites project proponent to make
presentation to expert committee.
• Committee evaluates EIA report, impacts on
environment and community.
• Committee may ask to submit more
information and after complete evaluation
grants EC or reject the proposal.
11

Efficient Planning for EC
METHODOLOGY
(1) Advance action by Project Proponent
(2) Set Target Time for allied Studies
(3) Good Communication with EIA Consultant
(4) Coordination with Statutory Authority
12

• Time of EC procedure is reduced if homework
is good.
• Advance compilation of data for Form-1, EIA
report, public hearing and presentation saves
time.
• Data/information can be submitted
immediately to the EIA consultant and
regulatory authority as and when required.
Advance action by Project Proponent
13

Accuracy of information
Accuracy of data in documents avoids submission of clarifications to
MOEF & saves time.
• Data in the mine plan, EIA & public hearing documents must match.
( Mine reserve, Waste Qty., Greenbelt etc.)
• Good communication between PP, EIA consultant & Mine plan
Consultant keeps uniformity of data. (No work in isolation)
EXAMPLES :
• Latitude-longitude of lease area - Identical in Form-1, EIA report
and lease deed.
• Name of PP - Same in the lease deed, previous EC & proposed
expansion title. (Ex: M/s X Minerals Ltd instead of M/s X Minerals
Pvt. Ltd.
• Project cost – careful assessment in the feasibility report and no
change of amount throughout the EC process.
14

Certificates from statutory authority
• Forest Department -Involvement of forest in
the project area.
• EC compliance certified by Regional Office-
MOEF.(without it –No TOR or Final
presentation)
• Project area is /not located in a sensitive zone,
like the Aravali Hills, coastal area etc.
15

Data for the EIA report
Should be available -:
• Coal linkage agreement with supplier.
• CSR history.
• Existing/ proposed Greenbelt
• Manpower/land requirement,
• Process/flow chart, waste generation,
16

Back-up database
• On all aspects of EIA study & project should be
on hand.
• To satisfy queries during TOR and Appraisal
presentation.
• Helps to avoid submission of clarifications if not
properly addressed in the MOEF presentation.
17

To start following studies simultaneously with baseline
environmental monitoring :
• Biological study :
• Hydrogeological study
• Procurement of satellite image
• Rehabilitation & Resettlement study
• Preparation of mine Plan
It Helps in preparation of the EIA report in shortest time.
Follow-up with the EIA consultant is necessary to complete
allied studies on time.
Target Time for Allied Studies
18

Biological study
Early action of study helps in completing the
following activities:
• Authentication of map & approval of Wild life
conservation plan from Chief Wild Life
Warden.
• Approval process takes 2-3 months after
assessment by local, district and head office
level in the forest department .
Target Time for allied Studies
19

Hydro geological study
• To start study immediately on submission of
Form-1.
• Apply for Permission of abstraction & intersection
of groundwater as soon as study is complete.
• Grant of CGWA permission before the appraisal
stage has a positive impact during appraisal
meeting.
• Permission is also necessary to get consent to
establish.
20

Land Use pattern
• Start procurement of Satellite imagery
from National Remote Sensing Center
(NRSC) for land use of area
• Procurement of images takes 1 or 2
months.
• To start procurement immediately after
submission of Form-1.
21

Rehabilitation and Resettlement plan
• When land acquisition is involved.
• R & R issue is major point during TOR &
appraisal presentation.
• Hence R & R report & data should be
comprehensive to clarify all possible queries
of committee .
• Keep additional information if SC or ST
community is involved.
22

Mine Plan
• Preparation of Mine Plan in schedule time.
• Mine plan is required for the preparation of
the EIA report.
• Project is not considered without approved
mine plan for appraisal presentation.
23

Traffic Impact
• Impact of inward and outward traffic from the
proposed project on surrounding highways is
assessed.
• To collect data of traffic-carrying capacity of
surrounding highways from PWD/CPWD/
NHAI.
24

• Constant follow-up with the EIA consultant is
very crucial for timely completion of each
activity.
• To submit project data to the consultant
without delays.
• May delay EC procedure if job progress of
consultant is not monitored efficiently by the
PP.
Coordination with EIA Consultant
25

Coordination with Statutory Authority
Coordination and follow-up with statutory authorities.
• Pollution control board
• MOEF
• Forest Department
• Mining Department
• IBM
• CGWA
• District Collector
Quick actions:
 Do not wait for official mail from authority.
 Provide information/ clarifications during visit to authority’s office.
 Helps to get approvals in the shortest time.
26

Validity of Environmental Clearance
EC shall be valid for a period of thirty
years for mining projects and five
years in the case of all other projects.
27

Transferability of Environmental Clearance
• May be transferred to another entitled legal
person to undertake the project.
• On application to the regulatory authority
concerned, on same terms and conditions.
• No reference to the Expert Appraisal
Committee is necessary in such cases.
28

Guidelines for Location of industry
• To avoid use of Agricultural land/forest land for
industrial site as far as possible.
• Minimum - 500 meters from highways and railway line.
• 25 km from Major Settlements (3,00,000 population) .
• 1/2 km from the high tide line as per CRZ notification.
• 200 meters from the estuary boundaries.
• 500 meters from flood plain.
• Land Size - adequate to provide green belt ,solid waste
etc.
• Plant Layout must conform to the landscape of the
surrounding area.
29

Conclusion
As we have discussed above with following actions:
Communication with EIA Consultant
Coordination with Statutory Authority
 We can save time from 5 days to 15 days in each small activities.
 Total time of normal EC procedure of 84 weeks can brought to 64
weeks.
30

Environment Clearance Procedure-India

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Environment Clearance Procedure-India