Tuesday, May 10, 2016

Environmental Clearance for construction projects - How to make a Project Proposal?


In the last post we studied about environmental clearance, and what are the processes involved in obtaining one for your construction project. I repeat - construction projects which include construction and town planning projects alone, which come under item 8 in the schedule. Other than construction projects, there are several other classifications for projects which need environmental clearance, like mining, offshore explorations, refinery, metallurgical industries, fertilizer industry, nuclear power plant, leather industry, chemical industry, distillery, airports etc and the processes are slightly different for those when compared to projects under item 8 of the schedule.

As we studied before, the clearance process starts with submission of a project proposal to the SEIAA. Now, let us see what constitutes a project proposal.

PROJECT PROPOSAL
The project proposal submitted to the SEIAA seeking environmental clearance for construction projects includes the following.
1.       Conceptual plan
2.       Duly filled up Form -1 as mentioned in the Annexure –I of the notification S.O 1533.
3.       Duly filled up Form – 1A, in case of construction projects, that falls under item-8 as per the notification.
4.       Supporting documents.

CONCEPTUAL PLAN
All projects do have impact on their environment. The impacts of a project to its environment is multi dimensional – to the flora and fauna, the air, water, soil and ecology as a whole, besides other impacts to the livelihood and the social, cultural and economical life of the natives and the local community. The aim for making it mandatory for larger projects to obtain environmental clearance is to reduce the impact and adverse effect it imparts to the environment.

The conceptual plan is a detailed study report prepared after an extensive study about the environment where the project under consideration is proposed to be established. The study is to be carried out by an accredited agency on behalf of the project proponent.  The environmental conditions before the implementation of the project and expected impact after the project establishment are studied in detailed.  This would generally include the following activities.

·         Recording the environmental conditions before the start of the project. This includes analysis of soil, water and air samples for determining the level of contaminations and chemical composition. Current level of noise pollution also will be determined.

·         Studying the traffic volume before the project implementation and estimating the impact of the project on the local traffic issues.

·         Studying and recording the impact on the environment  due to the following:
  • Impact on land environment – due to excavation, cutting of trees, bringing in earth from outside, disposal of excavated earth, disposal of debris and garbage , removal of top soil etc.
  • Impact on water environment – due to drawing subsurface water, reduction in water table, disposal of waste water etc.
  • Impact on air environment – due to construction debris, smoke, use of diesel generators, volatile organic compounds, chemicals etc.
  •  Impact on ambient noise level – due to operation of machines during construction and operation stage.
  • Impact on flora and fauna: due to removal of trees and top soil.


·         Establishing an Environment management Plan for construction and operation phases of the project. The Environment management plan includes;
    • Waste management plan
    • Pollution management plan
    • Traffic management plan
    • Landscaping and green management plan
    • Energy management plan, including utilization of renewable energy resources.
    • Water management plan including rainwater harvest, recharge and reuse.
    • Disaster and hazard management plan


Form -1 is the basic application form for environmental clearance. The following details are to be mentioned in the Form-1 by the applicant.
·         Basic information on the project, including size, location, name, cost etc of the project.
·         Details about the activities involved during construction, operation and decommissioning of the project, which will cause physical changes in the locality.
·         Details of use of natural resources for construction or operation of the project – like sand, water etc, especially non renewable.
·         Details of use, storage, transport, handling or production of substances or materials which are harmful to human health or environment.
·         Production of solid wastes during construction or operation or decommissioning.
·         Details about release of any pollutants / hazardous material to air.
·         Details of generation of noise and vibration and emission of light and heat.
·         Risk of contamination of land or water from release of pollutants into the ground or into sewer, surface water, ground water etc.
·         Risk of accidents during construction or operation of the project, which could affect human health or the environment.
·         Factors like consequential development that could lead to environmental effects or the potential for cumulative impacts with other or planned activities in the locality.
·         Environmental sensitivity of the project.

Form-1A is applicable for only those construction projects which are listed under item 8 of the schedule.
In this form the proponent is expected to explain about the project in detail for the relevant queries.
a.       Land environment:
a.       Details about the use of land prior to and after the development.
b.      List of project requirements including area statements, water consumption, power requirement, connectivity, community facilities, parking needs etc.
c.       Impact of the project to the adjacent structures.
d.      Land disturbance due the construction, like erosion, subsidence and instability.
e.      Quantities of earth work involved, transport of fill materials from outside the site.
f.        Details of water supply, waste generation and handling during the construction period.
g.       Details on how low lying and wetlands are affected.
h.      Details of construction waste and debris causing health hazards.
b.      Water Environment
a.       Total water requirement for the project with breakup, sources of water, Quantity expected from each source and water balance chart.
b.      Capacity (yield / flow) of source of water.
c.       Quality of water other than municipal supply.
d.      Pollution load from the waste water generated.
e.      Facilities for rain water harvesting.
f.        Impact on runoff characteristics.
g.       Tapping of ground water- water table, recharging capacity, approvals for taping ground water.
h.      Preventive actions from construction runoff water polluting the land and aquifers.
i.         Management of storm water within the site.
j.        Sanitary arrangements for construction workers.
k.       Onsite facility for collection, treatment and safe disposal of sewage.
l.         Details of dual plumbing system.
c.       Vegetation
a.       Influence of the project on the local biodiversity.
b.      Extent of clearing and modification of vegetation.
c.       Measures to minimize the likely impacts on site features.
d.      Fauna
a.       Displacement of terrestrial and / or aquatic fauna, or creation of barriers for their movement.
b.      Direct / indirect impact on avifauna of the area.
c.       Measures taken to mitigate the adverse impact on fauna.
e.      Air environment.
a.       Possibility of increased atmospheric concentration of gases.
b.      Impacts on generation of dust, smoke etc.
c.       Details of parking and impact of increased traffic volume on the present level of transport infrastructure.
d.      Internal road and movement details.
e.      Traffic noise and vibration.
f.        Impact of sets and other equipments on noise level and vibration.
f.        Aesthetics
a.       Impact of the project on the view, scenic amenity or landscape.
b.      Adverse impacts from new construction on the existing structures.
c.       Local considerations for urban form & urban design.
d.      Any special / significant features in the vicinity of the proposed site, including anthropological or archeological sites.
g.       Socio economic aspects.
a.       Changes to the demographic structure to the local population.
b.      Existing social infrastructure around the proposed site.
c.       Impacts to the local communities.
h.      Building materials
a.       Building materials produced with energy efficient process.
b.      Measures to minimize the impact to the environment due to the transport and handling of building materials.
c.       Extent of use of recycled materials for construction.
d.      Processes for collection, segregation and disposal of garbage generated during the operation phase of the project.
i.         Energy Conservation.
a.       Details of power requirements, source of supply, backup source etc. Energy consumption per sq.ft of the built up area.
b.      Type and details of power backup.
c.       Characteristics of glass planned to use.
d.      Passive solar architectural features.
e.      Shading effect for heating / cooling
f.        Energy efficient space conditioning, lighting and mechanical systems.
g.       Thermal characteristics of building envelop, roof, external walls, fenestration, U and R values of the materials used.
h.      Precautions against fire hazards with emergency plans.
i.         Rate of air infiltration into the building.
j.        Utilization of non conventional energy technologies for overall energy consumption.
j.        Environment Management Plan
EMP consists of all mitigation measures for every activity undertaken during the construction, operation and the entire life cycle of the project to minimize the adverse environmental impacts.

ATTACHMENTS TO THE PROPOSAL
The following attachments also have to be submitted as part of the project proposal.
1.       Site map
2.       Map showing the surrounding features of the site within 500m.
3.       Site levels and contours to suitable scales.
4.       Soil test report
5.       Contour map with natural drainage.
6.       Water balance chart.
7.       Physical, chemical biological test results of water.
8.       Dual plumbing system drawings.
9.       List of trees and vegetations affected by the project.
10.   Traffic management plan.
11.   Layout plan in suitable scale showing landscape drawing with details of tree plantation, water bodies etc.
12.   Background air quality levels.
13.   Details of energy conservation measures.


Next: What is Environmental Impact Assessment?

Tuesday, April 26, 2016

Environmental Clearance for construction projects in India - What is it and how can we obtain one?

INTRODUCTION

As per EIA notification S.O 1533 dated 14/09/2006, by Ministry of Environment and Forests (MOEF), obtaining prior environmental clearance from the concerned regulatory authority before the commencement of work has become mandatory for all developments which meet certain criteria specified in the notification. Obtaining clearance is mandatory for certain expansion / modernization works also.

All projects are classified into category ‘A’ or ‘B’, of which clearance for all category ‘A’ projects are to be given by the MOEF, and clearance for category ‘B’ projects are granted by the State level Environment Impact Assessment Authority (SEIAA). In the absence of SEIAA in any state, the MOEF will be considered as the regulatory authority. The category B is again subdivided in to ‘B1’ and ‘B2’, where projects under category ‘B1’ require a proper Environmental Impact Assessment. The categorization of projects are given here.

In Kerala, the State level Environment Impact Assessment Authority (SEIAA) and State Expert Appraisal Committee (SEAC) were formed by central government vide a notification S.O 2484(E) dated 3rd November 2011. The Directorate of Environment & Climate change, Thiruvananthapuram (located at Pettah) is designated to act as the Secretariat of the SEIAA and SEAC. SEIAA is a three member committee, with chairman, member and a member secretary. The SEIAA bases its decisions on the recommendations of the State Expert Appraisal Committee (SEAC), which also was formed by the same notification. SEAC has currently 14 members, and their term is three years from the date of notification. SEACs meet at least once every month.

CLEARANCE PROCESS – Specific for Construction / Township development projects (under item 8)

The procedure for obtaining the environmental clearance for construction projects is as mentioned in the central government notification SO1533 dated 14/09/2006.

1.    A project proposal with an application in the prescribed format as Form-1 & (or) Form-1A as in the annexure II of the notification to be submitted along with a conceptual plan to the regulatory authority before starting any construction activities at site. This application is scrutinized in detail by the SEAC, and determines whether the project falls in category B1 or B2. All projects in category B1 require an Environmental Impact Assessment.

2.    Within 60days of receiving the application and Form-1 from the proponent, the SEAC will convey the terms of reference (TOR) addressing all relevant environmental concerns for the preparation of Environmental Impact Assessment report.

3.    The final EIA report (for those projects under category B1) and environmental management plan shall be submitted to SEAC, and this will then be taken for a presentation meeting before the SEAC. The project proponent is also required to attend the presentation meeting of SEAC, and shall make a presentation on the salient features of the project, the related environmental issues, proposed environmental management plans. The representative of the project proponent shall also respond to the queries / suggestions which the committee may raise during the discussion. Based on this meeting, the SEAC makes categorical recommendations to the regulatory authority concerned (SEIAA) for grand of prior environmental clearance on stipulated terms and conditions. Before the presentation meeting, the project proponent shall distribute one copy each of the full set of proposal to all the members of the SEAC at least 15days in advance to the date of meeting.

4.    Once the environmental clearance is obtained from the regulatory authority, it is mandatory for the proponent to submit half-yearly compliance reports in respect of the stipulated prior environmental clearance terms and conditions, in hard and soft copies to the regulatory authority concerned.

APPOINTMENT OF CONSULTANTS
The proponent can appoint an environmental consultant for conducting the impact assessment and preparing the report as well as the detailed proposal for submission. The consultant can also attend the SEAC meeting as an authorized representative of the proponent. In such case, the consultant shall be an accredited consultant by the Quality Council of India (QCI). Also, the representation should be through an irrevocable POA (Power of Attorney) executed and formally registered with the sub registrar.


Next: What makes a project proposal complete?