Uproar over EIA 2020

Only two weeks have left for the public response on the draft Environment Impact Assessment (EIA) 2020, and the opposing voices has been increasing with each passing day.

Central government citing the reasons of changes in the circumstances and amendments, decided to redraft the EIA 2006 and make the process more transparent and expedient. But the changes in the draft have caused a concern among the environmentalists.

What is EIA?

Environment Impact Assessment is the study or process of a proposed industrial/infrastructural project and its impact on the environment. It’s a formal process and is currently practiced in more than 100 countries. EIA examines both beneficial and adverse consequences of the project on to the socio-economic status, culture and human-health.

The assessment of EIA in India is carried out by an Expert Appraisal Committee (EAC), which consists of scientists and project management experts. The committee ensures that the effects of the proposed project, are taken into account during project design. EAC makes the report of the project and forward that to the Ministry of Environment and Forests, which gives the project final clearance.

EIA in India

As a mandatory regulatory procedure, EIA originated in the early 1970s, with the implementation of the National Environment Policy Act (NEPA) 1969 in the United States.

In India it started in 1976-77 when for the first time Planning Commission asked the Department of Science and Technology to examine the river-valley projects from an environmental angle.

Under the Environment (Protection) Act, 1986, India notified its first EIA in the year 1994. Since than every development project has been required to go through the EIA process for obtaining prior environmental clearance. Though the 1994 EIA was replaced with a modified draft in 2006.

EIA 2020

The environment ministry had put the draft notification of EIA 2020 in the public domain on March 12 for discussion and feedback. Earlier it was available for the period of 60 days but on June 30, the Delhi High Court extended the deadline to August 11.

Several environmental organisations, conservationists as well as some economists too have criticized the draft EIA 2020. In their opinion, the provisions of the newly draft EIA can cause great repercussions on the environment.

Problems with the EIA 2020

1. Post-Facto Approval: EIA 2020 gives permission for post-facto approval for projects. Which means the environment clearance is not needed for the starting of the projects, it can be obtained afterwards. In indirect way it will legitimize any environmental damage as nothing would be left to do after the damage would have already been done. The only remedy would be to impose a fine or punishment but that would not reverse the detrimental consequences on the environment.
2.  Public Consultation Process: The new draft notification has reduced the time period from 30 days to 20 days for public to submit their responses, during a public hearing for any application seeking environmental clearance. This reduction of time would be a problem especially for those who are living in the remote and rural areas where information is not easily accessible.
3. Compliance Report Issue: The 2006 EIA draft required that the project proponent submit a report in every six months, showing that they are carrying out their activities as per the terms on which permission has been given. However, the EIA 2020 draft requires the promoter to submit a report only once every year. The consequence of this change can be that the project could go unnoticed or the damage could have already been done, or be too late to control any harmful impact. 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 or water nearby, a half-yearly report would better help in addressing these concerns in short time.
4. Bypassing EIA Process: EIA 2020 gives the central government power to categorise projects as “strategic.” And states that once a project is considered as strategic, 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.
5. Projects exempts with the scrutiny and clearance: 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. Further the draft lists the projects that would not attract environmental clearance or permission. It includes coal mining and seismic surveys for oil, methane and shale gas on some lands. The draft also provides exemption for these and some other projects from public consultation, limiting the scope of public involvement to the districts concerned, in the case of national parks and sanctuaries where pipeline infrastructure will pass. Roads and highways get liberal concessions.

Conclusion

Development at the cost of Environment is always fatal. We have seen what happened in Bhopal in 1984, how we can forget the floods of Uttarakhand in 2013 and only this year Vizag gas leak in Andhra Pradesh, Tinsukia Gas Leak in Assam. In Present, our north-east and some northern states are struggling with the heavy floods. These all are the repercussions of taking the environment for granted. Though development is necessary but not at the cost of the environment.