Environment Protection Act, 1986

The first regulatory framework for environmental clearance in India was established in 1986.Rephrase The legal basis for assessing and managing environmental impacts was provided by it.

Environmental Impact Assessment Guidelines

In 1994, the Ministry of Environment and Forests issued guidelines for conducting Environmental Impact Assessments for various projects, including mining, thermal power plants, and industrial estates.

The guidelines required EIA reports from project proponents.

Environmental Impact Assessment Notification, 1994

The first EIA notification was issued by the MoEF in 1994 in order to evaluate the environmental impacts of development projects.

Environmental Impact Assessment Notification, 2006

In 2006 the scope of projects requiring environmental clearance was expanded by the 1994 notification.

Key Requirements under EIA Notification, 2006

1. Projects listed under Schedule 1.

2. Developmental projects in ecologically fragile areas.

3. Industrial projects with investments over Rs. 500 million (These projects need a letter of intent from the Ministry of Industry and NOCs from the State Pollution Control Board and the State Forest Department if located on forest land).

4. Site and environmental clearance for new power plants.

Project Categorization

Industries are categorized as Category A and Category B based on their size and capacity:

Category A projects require clearance from the Ministry of Environment and Forests (MoEF).

Category B projects are cleared by the State Environment Impact Assessment Authority (SEIAA).

Protection of the Environment

Environmental clearance helps protect the environment by evaluating the potential adverse impacts of development projects.

Sustainable Development

The clearance process promotes sustainable development by balancing economic, social and environmental considerations.

It encourages adopting eco-friendly practices and technologies leading to more sustainable project outcomes.

Compliance with Environmental Laws

Ensures that development projects comply with environmental laws and regulations, preventing violations and minimizing the risk of legal environmental disputes.

Public Participation

Enhances transparency and accountability by involving local communities and stakeholders in decision-making.

The public hearing stage allows people to express concerns ensuring their views are considered before project approval.

Economic Benefits

Promotes long-term economic viability by ensuring projects are sustainable.

Environmental clearance encourages efficient resource use reducing operational costs and enhancing profitability over time.

Impacts of Eliminating Dual Eco-Clearance

Potential Risks Associated with the New Eco-Clearance Framework

Reduced Administrative Burden: Saves time and resources for businesses by simplifying regulatory requirements.

Environmental Oversight Concerns: Reduced compliance requirements may lead to inadequate environmental oversight and increase the risk of pollution.

Encouragement of Green Industries: Likely to attract investment in green technologies supporting India’s net-zero emissions goal by 2070.

Inconsistent Implementation: Variations in state-level enforcement could result in inconsistent regulation leading to environmental degradation.

Potential Increase in Industrial Activity: Fewer regulatory barriers may boost industrial activities creating jobs and stimulating economic growth.

Long-Term Sustainability Risks: Immediate economic benefits may compromise sustainability if industries expand without necessary ecological safeguards.

Policy Aspect

Details

Streamlining Compliance

The government has removed the requirement for ‘white category’ industries to obtain both Environmental Clearance (EC) and Consent to Establish (CTE) reducing the compliance burden on businesses and enabling more efficient operations without duplicative approvals.

Classification of Industries

Industries are classified into four color-coded groups based on their pollution potential:

Red (most polluting), Orange, Green and White (least polluting).

The recent exemption specifically applies to the White category which includes sectors like solar energy production and fly ash brick manufacturing.

Alignment with National Goals

This policy change aligns with India’s environmental objectives under the National Action Plan on Climate Change (NAPCC) and international commitments such as the Paris Agreement.

Focus on Sustainable Development

The policy shift promotes an environment conducive to green technologies while maintaining pollution control through existing regulatory frameworks.

PRACTICE QUESTION

Q.Economic clearance for industrial projects is a crucial step towards sustainable development in India. However, the process faces challenges related to environmental concerns. Critically examine the process of environmental clearance for industries in India. (150 words)