Environmental Clearance

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Overview of Environmental Clearance

Environmental clearance is a crucial aspect for certain projects that have the potential to cause significant environmental impact. The process involves government approval for the establishment and modification of specified projects. The scope of projects requiring environmental clearance includes mining, thermal power plants, and infrastructure, among others. The clearance process typically encompasses screening, scoping, and evaluation of the upcoming project. Projects subject to environmental clearance are categorized into two groups: Category A and Category B (further subdivided into B1 and B2). Category A projects are approved by the Ministry of Environment, Forest and Climate Change (MoEF&CC), while Category B projects are approved by the State Environmental Impact Assessment Authority. Public participation is a fundamental component of a successful Environmental Impact Assessment (EIA) process. It allows individuals directly affected by a project to express their opinions on the environmental and social implications of the project. Public participation enhances transparency in the environmental clearance procedure. Most EIA systems incorporate some form of public participation, which can take the form of public consultation or public involvement, the latter being a more interactive and intensive process of stakeholder engagement. Public participation ensures that the concerns and perspectives of the local community and stakeholders are considered in the decision-making process related to environmental clearance.

Importance of Public Participation

Public participation plays a crucial role in the Environmental Clearance (EC) process, and it is integral to the success of an Environmental Impact Assessment (EIA). This stage allows individuals affected by a project to voice their concerns regarding the project's social and environmental impacts. Public participation ensures transparency within the EC procedure and is a common feature in virtually every EIA system. The public participation process serves as the foundation for an unbiased and transparent decision-making process, leading to optimal environmental outcomes. The nature and extent of public consultation can vary based on project requirements, but it is considered an essential component for all types of projects. Public consultations help address local community concerns and contribute to improving the accuracy of information in the EIA report. Initiating during the project's conceptualization, public participation should continue throughout the entire EIA phase. The five core steps of public engagement in the EIA process include examining, scoping, impact assessment and mitigation, ensuring EIA quality, and implementation and follow-up. It is important to note that even if local residents express specific concerns during the public hearing process, there is no guarantee that these concerns will be addressed in the final EIA report. This highlights the need for an effective and transparent mechanism to ensure that community concerns are adequately considered in the decision-making process.

Requirement on Environmental Clearance

The 1994 EIA Notification mandated Environmental Clearance (EC) for all new projects and the expansion/modernisation of existing projects across 29 disciplines, including significant areas like hydro-power, irrigation, and flood control projects. Schedule 1 of the 2006 EIA Notification outlines 32 distinct categories of projects that require environmental approval. Additionally, an industrial color code system was established, categorizing sectors based on their environmental impact. Industries were classified as red, orange, green, or white depending on their pollution potential, and only companies classified as white are exempt from obtaining environmental permission. Various projects that require environmental approval include historical and religious monuments, archaeological monuments, natural habitats, mountain retreats, beach resorts, coastal areas with mangroves and corals, estuaries, gulf regions, biosphere reserves, national parks, wildlife refuges, wetlands, lakes, zones of seismicity, tribal settlements, areas of scientific and geological interest, defense establishments with high security and pollution sensitivity, international borderlands, and airports. Laws governing the issuance of Environmental Clearance Certificates include the Environment Protection Act, which serves as an umbrella law, coordinating environmental agencies at both federal and state levels. The Environment (Protection) Rules, 1986, provide rule-making authority under the Environment Protection Act. The Environment Impact Assessment (EIA) Notification of 2006, issued under the Environment (Protection) Act of 1986, superseded the 1994 EIA Notification. It outlines a precise method for obtaining prior environmental approval for projects specified in Schedule 1 or those in environmentally sensitive regions. If a project involves forestland, the project proponent must obtain a letter of intent from the Ministry of Industry and No Objection Certificates (NOCs) from the State Pollution Control Boards (SPCBs) and the State Forest Department. Site clearance and final environmental approval are required for constructing and operating any new power plant.

Process of Environmental Clearance

Obtaining Environmental Clearance (EC) in India involves a multi-step process that can be complex and lengthy. The critical steps in the EC process include: Screening: Determine if the proposed project requires EC by checking if it falls under Schedule I or Schedule II of the Environmental Impact Assessment (EIA) Notification, 2006. Scoping: Prepare a scoping document outlining the key environmental issues and impacts of the proposed project. Submit the scoping document to the State-Level Expert Appraisal Committee (SEAC) for review and approval. Terms of Reference (ToR): Based on the scoping document, the SEAC issues the Terms of Reference (ToR) for preparing the detailed Environmental Impact Assessment (EIA) report. Preparation of EIA Report: The project proponent, with the help of a qualified consultant, prepares a detailed EIA report according to the ToR and guidelines issued by the Ministry of Environment, Forest and Climate Change (MoEFCC). Public Consultation: Conduct a public consultation process to gather feedback and opinions from the local community regarding the proposed project. Review and Clearance: The SEAC reviews the EIA report and public consultation feedback, issuing recommendations to the State-Level Environmental Impact Assessment Authority (SEIAA). The SEIAA reviews both and decides whether to grant EC. Implementation of Environmental Management Plan (EMP): If EC is granted, the project proponent must implement the Environmental Management Plan (EMP) designed to mitigate potential environmental impacts. Regular reports on EMP implementation are submitted to regulatory authorities. Environmental Clearance Certificate: Before initiating any new infrastructure or expansion project, an EC certificate from the central or state pollution control board is necessary. This certificate attests that the project will not harm the environment or society. Renewal of EC: Depending on the project type, the EC is valid for a specific period. If expired, the project proponent can renew it using the same process.

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Required Document List

Covering Letter
ToR or Previous EC and Certified Compliance (if applicable)
Form 1, Form 1A or other Requisite forms
Land ownership documents
Land Use Documents with Approval
Environment Management Plan
Pre-Feasibility Report and Conceptual Plan
EIA Report along with the compliance of TOR (if applicable)
Risk Assessment
Brief Summary of the Project
GPS File (KML only)
Details regarding the location of the Project with respect to the other important features
Details Environment Consultant
Details of Project Proponent with undertaking
Layout and Building Plan including Site Plan with Tree Mapping (with Approval)
Traffic Management Plan supported by a layout plan
Copy of application submitted for Wildlife Clearance
Copy of previous EC Letter (in case of revision, expansion, modification, amendment)
Ground Water Details
Local Body Approvals

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