{"id":5636,"date":"2022-07-11T16:59:36","date_gmt":"2022-07-11T11:29:36","guid":{"rendered":"https:\/\/ijpiel.com\/?p=5636"},"modified":"2022-07-11T23:22:11","modified_gmt":"2022-07-11T17:52:11","slug":"environment-clearances-and-systems-in-epc-and-infrastructural-projects","status":"publish","type":"post","link":"https:\/\/ijpiel.com\/index.php\/2022\/07\/11\/environment-clearances-and-systems-in-epc-and-infrastructural-projects\/","title":{"rendered":"Environment Clearances and Systems in EPC and Infrastructural Projects"},"content":{"rendered":"

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Abstract<\/strong><\/span><\/p>\n

This Blog Post talks about various aspects of environmental clearances, corporate and industrial regulations and general practices behind the Engineering, Procurement, and Construction (EPC)-based projects. In light of the dynamic changes in the regulatory framework, it is essential to understand the interplay between developmental projects and the environment. Further, the purpose of this Blog Post is to understand how one can maintain international standards and practices and at the same time achieve sustainable development goals.<\/span><\/p>\n

It is for this reason that government establishments around the world introduced the concept of Environmental Clearance, a process in which each project is required to maintain certain environmental standards prior to commencement of work. In fact, the Environmental Impact Assessment (EIA) Notification, 2006 mandates all mid and high-scale Infrastructural projects to take permission for activities like mining, generating energy through the thermal power plant, building infrastructure etc.<\/span><\/p>\n

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Objective of Environmental Clearance<\/strong><\/span><\/p>\n

The idea of certification\/clearance is to ensure minimal environmental impact from the planned project and to create further a mechanism to regulate environmental clearances.<\/span><\/p>\n

As per theEIA Notification, 2006<\/a> issued by the Ministry of Environment and Forest & Climate Change, Government of India, it is essential that each site\/establishment identified for proposed development must get environmental clearance before the start of the project. However, in the draft EIA notification 2020, the concerned Ministry has proposed to allow all industrial projects to start operations without a valid environmental clearance and get post-facto approval. While some believe this would encourage investment and rapid growth, those advocating for sustainable development goals see the notification as detrimental to the environment and contrary to the objectives of Environmental Clearance. This draft is going to replace the EIA notification of 2006.<\/span><\/p>\n

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Procedure for Environmental Clearance<\/strong><\/span><\/p>\n

The applicant is required to furnish the conceptual plan along with the application in Form 1 and the supplementary in Form 1A. Thus, categorization has been done to streamline the process for different types of projects. The details are as follows:\u00a0<\/strong><\/span><\/p>\n

Zone Categorization and the Threshold<\/strong><\/a><\/span><\/p>\n\n\n\n\n\n\n\n\n
<\/td>\nProject\/Activity<\/strong><\/span><\/td>\nCategory B<\/strong><\/span><\/td>\nGeneral Conditions<\/strong><\/span><\/td>\n<\/tr>\n
8<\/span><\/td>\nArea Development projects, Building, Construction projects and Townships;<\/span><\/td>\n<\/tr>\n
8(a)<\/span><\/td>\nBuilding and Construction projects<\/span><\/td>\n>20,000 sq. meters and <1,50,000 sq. meters<\/span><\/td>\n\n

“Any project or activity specified in Category ‘B’ will be treated as built-up area# Category ‘A’ if located in whole or in part within 10 km from the boundary of:<\/span><\/p>\n

(i) Protected areas notified under the Wildlife (Protection) Act, 1972;<\/span><\/p>\n<\/td>\n<\/tr>\n

8(b)<\/span><\/td>\nTownships and Area Development projects<\/span><\/td>\nCovering an area > 50 ha and or built-up area \u2265 1,50,000 sq meters ++<\/span><\/td>\n\n

(ii) Critically polluted areas as identified by the Central Pollution Control Board from time to time;<\/span><\/p>\n

(iii) Eco-sensitive areas as notified under section 3 of the Environment (Protection) Act, 1986, such as Mahabaleshwar Panchgani, Matheran, Pachmarhi, Dahanu, Doon Valley and<\/span><\/p>\n

(iv) inter-state boundaries and international boundaries.<\/span><\/p>\n

Provided that the requirement regarding the distance of 10km of the inter-state boundaries can be reduced or completely done away with by an agreement between the respective states or UTs sharing the common boundary in the case the activity does not fall within 10 kilometers of the areas mentioned at item (1), (11) and (ii) above<\/span><\/p>\n<\/td>\n<\/tr>\n

<\/td>\n++All projects under Item 8(b) shall be appraised as Category B1<\/span><\/td>\n<\/tr>\n
<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

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<\/h2>\n

Indian Regulatory Regime<\/strong><\/span><\/h2>\n

The recent proposal, i.e., the<\/span>draft EIA notifications, 2020<\/a>, apart from encouraging industrialization, has also ushered in a new regulatory framework governing environmental clearances for various industrial projects. The range of projects covered by the new notification includes dams, mines, highways etc. Additionally, multiple actions earlier considered an offence have been legitimized. For instance, for some projects, no environmental clearance is needed before starting construction where the area is >20000 square meters.<\/span><\/span><\/p>\n

It is believed that the new set of rules, apart from weakening the public consultation process, would be prejudicial to the stakeholders, including local people at the proposed development site. The concerned Ministry has even increased the list of projects where a public hearing is not required prior to environmental clearance(s) and exempted public hearings of projects that propose modernization. This is contrary to the view taken by the Apex Court in a catena of judgments where the Hon\u2019ble Court has expressed concerns over industrial projects operating without the requisite permissions. While the Supreme Court of India has repeatedly harped upon balancing development alongside the environment, the introduction of the draft EIA notification 2020 may destroy the environment. In light of this, it is essential to adopt an \u201cecologically rational outlook\u201d to balance the interests of all stakeholders.<\/span><\/p>\n

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Environmental Management Systems<\/strong><\/span><\/p>\n

What is an Environment Management System? <\/strong><\/span><\/p>\n

The Environmental Management System (EMS<\/strong>) is a robust platform that allows organizations to consistently review, evaluate and improve their environmental performance in sync with the environmental goals. The EMS assesses the environmental performance based on objectives and targets set by the organization(s). It addresses the regulatory requirements and helps evolve proactive approaches to minimize non-compliance and adopt safe practices for the organization. The EMS, in a nutshell, is a systematic regulatory framework which is cost-effective and user-friendly. It also helps in addressing the non-regulated issues, such as energy conservation, in addition to promoting strong operational control and employee stewardship.<\/span><\/p>\n

Reasons to adopt EMS:<\/strong><\/span><\/p>\n