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Question #7

How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006?

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The draft Environment Impact Assessment (EIA) Notification, 2020 differs from the existing EIA Notification, 2006 in several ways. Here are some key differences:

  1. Post-Facto Clearance: The 2020 draft notification allows for post-facto clearance, which means that projects that have commenced without obtaining prior environmental clearance can seek clearance after the project has already started. This provision has drawn significant criticism as it can lead to projects with adverse environmental impacts being regularized without adequate scrutiny.

  2. Project Categories: The draft notification re-categorizes several projects, leading to changes in the level of scrutiny they undergo. For example, the 2020 draft notification reduces the threshold for mining of minerals such as bauxite and copper, thereby exempting smaller mines from the requirement of obtaining environmental clearance.

  3. Public Consultation: The 2020 draft notification reduces the timeline for public consultation from 30 days to 20 days, limiting the opportunity for affected communities and stakeholders to provide their input and raise concerns. It also allows for online public consultation, which has its own limitations in terms of outreach and inclusivity.

  4. Timeframes and Validity of Clearances: The 2020 draft notification introduces certain provisions to streamline the clearance process and reduce delays. It sets timeframes for different stages of the clearance process, mandates single-window clearance systems, and extends the validity of environmental clearances for mining projects.

  5. Exemptions: The new draft notification provides certain projects and industries with exemptions from the requirement of obtaining environmental clearance. For instance, it exempts solar thermal power projects from public consultation and reduces the scope of appraisal for certain types of infrastructure projects.

These are just a few key differences, and there are other changes as well in terms of the scope of environmental impact assessment, public disclosure of environmental information, and the role of expert committees. It is important to note that the draft notification has faced criticism for diluting certain provisions of the existing notification and potentially undermining environmental safeguards.

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The draft Environment Impact Assessment (EIA) Notification, 2020 proposes significant changes compared to the existing EIA Notification, 2006. Here are some key differences:

1. Applicability and Scope:

  • 2006: Covered a wide range of projects based on their potential environmental impact, categorized into different schedules.
  • 2020: Expands the scope, including projects in sectors like mining, thermal power plants, and infrastructure projects that were previously exempted from EIA. It also includes new categories like online gaming platforms and data centers.

2. Exemptions and Thresholds:

  • 2006: Had specific thresholds based on project capacity and activities for exemption from EIA.
  • 2020: Introduces a more streamlined approach. Many projects with low environmental impact are exempted, while higher impact projects require a comprehensive EIA.

3. Public Consultation and Participation:

  • 2006: Emphasized public consultation through public hearings and submission of comments.
  • 2020: Proposes online platforms for public consultation and expands the scope of public participation. It includes measures like providing information in local languages and addressing grievances.

4. Environmental Clearance Process:

  • 2006: Involved a multi-layered process of approvals from different authorities.
  • 2020: Seeks to simplify the process with a single window clearance system and online monitoring of environmental compliance.

5. Focus on Sustainable Development:

  • 2006: Focused primarily on mitigating environmental impacts.
  • 2020: Emphasizes sustainable development principles, promoting circular economy, resource efficiency, and climate change mitigation.

6. Technology and Data Management:

  • 2006: Relied largely on traditional methods for data collection and analysis.
  • 2020: Incorporates advancements in technology, including Geographic Information System (GIS), remote sensing, and data analytics for better environmental impact assessment.

7. Environmental Monitoring and Compliance:

  • 2006: Had a limited scope of environmental monitoring and compliance.
  • 2020: Proposes a robust environmental monitoring framework, including continuous monitoring of key parameters and use of online platforms for real-time data.

Overall, the draft EIA Notification 2020 aims to:

  • Strengthen environmental protection: By expanding the scope of EIA and introducing stricter environmental safeguards.
  • Simplify the approval process: By introducing a single-window clearance system and online platforms.
  • Enhance public participation: By promoting transparency and providing greater opportunities for stakeholders to participate.
  • Promote sustainable development: By integrating climate change mitigation and resource efficiency considerations.

However, there are concerns about the draft notification, including:

  • Potential for dilution of environmental standards: Concerns about the potential for exemptions and streamlining to weaken environmental safeguards.
  • Lack of clarity on certain provisions: Concerns about the ambiguity surrounding certain provisions and the potential for interpretation issues.
  • Potential for procedural delays: Concerns about the effectiveness of the single-window clearance system and the potential for delays in the process.

The draft notification is currently under review and public consultation. The final notification will reflect the considerations and feedback received during the process.

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The draft Environment Impact Assessment (EIA) Notification, 2020, which is yet to be finalized, differs from the existing EIA Notification, 2006, in several significant ways. Here are some of the key differences:

1. Exemptions and Relaxations: The draft notification provides exemptions and relaxations to certain projects from the need to conduct an Environmental Impact Assessment (EIA), including:

  • Small-scale industries, like those in the MSME sector, with an investment of less than ₹50 crore.
  • Modernization of existing projects, subject to certain conditions.
  • In-situ redevelopment of existing projects, like brownfield projects. 2. Thresholds and Criteria: The draft notification has revised the thresholds and criteria for categorizing projects as "A" (large-scale, requiring EIA) or "B" (small-scale, not requiring EIA). For example:
  • The threshold for "A" category projects has been increased from 1,000 TPD to 5,000 TPD for thermal power plants.
  • The criteria for categorizing projects as "A" or "B" have been revised, making it easier for certain projects to be classified as "B" category. 3. Public Consultation: The draft notification reduces the time period for public consultation from 30 days to 20 days, which has been criticized for limiting the opportunity for public participation. 4. Post-Facto Clearance: The draft notification allows for post-facto clearance for projects that have started construction without obtaining prior environmental clearance. This has raised concerns about environmental damage and lack of accountability. 5. Environmental Clearance Process: The draft notification streamlines the environmental clearance process, allowing for faster approvals. However, this has raised concerns about the potential for environmental shortcuts and lack of scrutiny. 6. Compliance and Monitoring: The draft notification relaxes compliance and monitoring requirements for certain projects, which could lead to reduced environmental oversight. 7. Ex-post facto Approval: The draft notification allows for ex-post facto approval for projects that have already commenced construction without obtaining prior environmental clearance, which is a serious issue of non-compliance and illegal operation. 8. Role of State Governments: The draft notification gives more powers to state governments to appraise and clear projects, which could lead to variability in environmental standards and lack of consistency across states.

These changes have been met with criticism from environmental groups, civil society organizations, and some experts, who argue that they will lead to weakening of environmental regulations, increased environmental degradation, and loss of public participation. The Indian government, on the other hand, has defended the changes, stating that they will promote ease of doing business, reduce bureaucratic delays, and increase economic growth.