Clearance for environmental compliance
Clearance for environmental compliance
Contact EPR Certificate Online for assistance with obtaining Environmental Clearance (EC) and ensuring compliance with all relevant EC regulations.
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Contact EPR Certificate Online to obtain guidance on the necessary steps to maintain in order to obtain clearance.
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Environmental Clearance: A Comprehensive Review
Environmental clearance is a government approval process necessary for the establishment or modification of specific projects that have the potential to cause severe environmental contamination. The government has a comprehensive list of projects, including mining, thermal power plants, and infrastructure, which require environmental approval. The clearance process involves screening, scoping, and evaluating upcoming projects and is mandatory for 39 projects today. The EIA Notice categorizes projects as Category A and Category B (further subdivided into B1 and B2). Category A projects are approved by the MoEF&CC, while Category B projects are approved by the State Environmental Impact Assessment Authority.
Public participation is a crucial component of a successful EIA process. It allows individuals directly affected by a project to express their views on its environmental and social implications and promotes transparency in the EC procedure. Nearly all EIA systems incorporate some form of public participation, which can take the form of public consultation (or discussion) or public involvement (a more interactive and intensive process of stakeholder engagement).
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Importance of Public Participation
Public participation is a crucial stage in the Environmental Clearance (EC) process, as it allows individuals affected by a project to voice their concerns regarding its social and environmental impacts, ensuring transparency and openness within the EC procedure. Public participation is an integral part of virtually every EIA system, and it can take the form of public consultation or engagement. Public consultation involves considering residents’ concerns about adverse effects during the EIA research process. The importance of public consultation cannot be overstated, as it forms the foundation for an unbiased and transparent decision-making process that results in the best environmental outcomes.
The consultation process varies greatly depending on the project’s requirements, such as the type of consultation, who to seek advice from, when and how to carry it out, and who should conduct it. Nonetheless, it is an essential component for all project types, as it alleviates local community concerns and reduces errors in the EIA report. Public participation should commence when the project concept is realised and continue throughout the EIA phase.
The five core steps of public engagement in the EIA process are examining, scoping, impact assessment and mitigation, ensuring EIA quality, and implementation and follow-up. Despite specific concerns expressed by the local community during the public hearing process, it cannot guarantee their inclusion in the final EIA report, as it remains inaccessible.
List of Documents Needed for Environmental Clearance
The documents necessary for obtaining Environmental Clearance may differ based on the project’s size, scope, and nature. Nonetheless, some of the typically required documents are:
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Project proposal or feasibility report – This document provides an overview of the proposed project, including its purpose, location, and scope.
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Environmental Impact Assessment (EIA) report – The EIA report is a comprehensive study of the potential environmental impacts caused by the proposed project, as well as measures to mitigate or minimize these impacts.
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Site plans and maps – These documents provide information about the project site, including its location, boundaries, topography, and land use.
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Consent from local authorities – This includes no-objection certificates (NOCs) or clearances from local authorities, such as the State Pollution Control Board (SPCB), the Ministry of Urban Development, or the Ministry of Civil Aviation, depending on the project’s nature.
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Project proponent details – This includes information about the company or individual proposing the project, such as their registration documents, ownership details, and financial statements.
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Public hearing report – If required, the project proponent must conduct a public hearing to obtain feedback and opinions from the local community about the proposed project. A report on the public hearing must be submitted as part of the EC application.
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Environmental Management Plan (EMP) – The EMP is a comprehensive plan for managing the project’s environmental impacts, including measures for pollution control, waste management, and biodiversity conservation.
Environmental Clearance Requirements
Environmental clearance (EC) has been made mandatory for all new projects and the expansion/modernisation of existing projects across 29 disciplines, such as hydro-power, significant irrigation, and flood control projects, as per the 1994 EIA Notification. The 2006 EIA Notification lists 32 different categories of projects that require environmental approval under Schedule 1. Furthermore, an industrial colour code system has been established, classifying sectors based on their environmental impact. Industries have been classified as red, orange, green, or white depending on their pollution potential. Only companies classified as “white” are exempt from obtaining environmental clearance.
The following are some of the projects that require environmental clearance:
- Historical and religious monuments
- Archaeological monuments
- Natural habitats
- Mountain retreats
- Beach resorts
- Coastal areas containing mangroves, corals, and breeding places for specific species
- Estuaries
- Gulf regions
- Biosphere reserves
- National parks and wildlife refuges
- National wetlands and lakes
- Zones of seismicity
- Tribal settlements
- Scientific and geological interests
- Defense establishments, particularly those with high security and sensitivity to pollution.
- International borderlands
- Airports
Environmental Laws Governing the Issuance of Clearance Certificates
Laws and regulations governing Environmental Clearance Certificate in India
The Environment Protection Act of 1986 serves as the primary law to coordinate and regulate environmental agencies at the federal and state levels. The Act’s objective is to ensure the conservation and enhancement of the environment and related matters.
Under the Act, the Environment (Protection) Rules of 1986 provide for rule-making authority and cover various aspects of environmental law. The central government is empowered to make rules to implement the Act’s provisions.
In 2006, the Environment Impact Assessment Notification was issued under the Environment (Protection) Act of 1986. It replaced the EIA Notification of 1994 and established a specific process for obtaining prior environmental clearance for new or expanded projects, including those listed in Schedule 1 or those located in environmentally fragile areas.
In cases where forest land is involved, project proponents must obtain a letter of intent from the Ministry of Industry, as well as no-objection certificates from the State Pollution Control Boards and the State Forest Department. Site clearance and final environmental approval are also required for the construction and operation of any new power plants.
The Procedure for Obtaining Environmental Clearance
The process of obtaining Environmental Clearance (EC) in India is a complex and multi-step procedure that varies depending on the nature, scale, and location of the proposed project. The EC process involves several rounds of review and consultation, and non-compliance with the specified requirements can result in the revocation of the issued EC by the Appraisal Committee. The following are some of the essential steps in the EC process:
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Screening: The first step involves determining if the proposed project requires EC or if it is exempted under applicable laws and regulations. Projects listed under Schedule I or Schedule II of the Environmental Impact Assessment (EIA) Notification, 2006, require EC.
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Scoping: The project proponent prepares a scoping document that outlines the proposed project’s key environmental issues and impacts. The document is submitted to the State-Level Expert Appraisal Committee (SEAC) for review and approval.
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Terms of Reference (ToR): Based on the scoping document, the SEAC issues ToR for preparing the EIA report. The ToR specifies the scope and content of the EIA report, including the environmental parameters to be studied, the methodology for impact assessment, and the mitigation measures to be implemented.
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Preparation of EIA report: The project proponent prepares a detailed EIA report in accordance with the ToR and the guidelines issued by the Ministry of Environment, Forest, and Climate Change (MoEFCC). The report must be prepared by a qualified consultant and include a detailed assessment of potential environmental impacts and measures to mitigate or minimize these impacts.
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Public consultation: The project proponent conducts a public consultation process to obtain feedback and opinions from the local community about the proposed project. The consultation process may include public hearings, stakeholder meetings, and other forms of engagement.
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Review and clearance: The SEAC reviews the EIA report and the public consultation feedback and issues its recommendation to the State-Level Environmental Impact Assessment Authority (SEIAA). The SEIAA reviews the SEAC recommendation and the EIA report and decides whether to grant EC or not.
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Implementation of Environmental Management Plan (EMP): Once EC is granted, the project proponent implements the EMP that outlines the measures to mitigate the project’s potential environmental impacts. The project proponent must also submit regular reports to the regulatory authorities on implementing the EMP.
Note: The validity of the awarded EC depends on the project type, and the project proponent must renew the EC following the same procedure once it expires.
Understanding the Environmental Clearance Certificate in India
Obtaining an Environmental Clearance (EC) certificate from the central or state pollution control board is a mandatory requirement before commencing any new infrastructure or expansion project. The EC certificate is issued only after ensuring that the proposed project will not cause any harm to the environment or society. If the project requires approval under the Forest (Conservation) Act of 1980 in addition to the EC, clearance or rejection letters are issued by the relevant ministries. To complete the environmental assessment and evaluation process, relevant documents and data are collected from project authorities, and public hearings may be conducted, if required. The ministry’s decision on the project is communicated within 30 days after completing the process, which generally takes 90 days.
In case of dissatisfaction with the order granting EC, the aggrieved person can file an appeal with the Authority under the National Environment Appellate Authority Act of 1997. The appeal must be filed within 30 days of the order’s date, but in exceptional circumstances, the Authority may consider an appeal filed after this time frame. The Authority is required to resolve the appeal within 90 days of its filing, which can be extended by another 30 days.
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