Star-rating for state environment bodies not operational yet, Ministry tells NGT

Subject: Environment

Section: Environment law and body

Context:

The Environment Ministry’s plan to implement a star-rating system to evaluate states based on their efficiency in granting environmental clearances for industrial or infrastructure projects is yet to be launched.

Details:

This update was provided to the National Green Tribunal’s (NGT) Chennai bench, where the proposal is being challenged. The delay is due to ongoing efforts to upgrade and operationalize the website that would facilitate the ranking of State Environment Impact Assessment Authorities (SEIAAs).

About the Star-rating system:

Introduced in January 2022.
The star-rating system intends to rank SEIAAs based on their promptness in issuing environmental clearances, with points awarded on a scale of 0 to 7 based on the clearance time.
The initiative is part of efforts to improve ‘ease of doing business’, following a Cabinet Secretary-led meeting in November 2021.
SEIAAs issue clearances based on recommendations from Expert Appraisal Committees, which assess the environmental impact of proposed projects.

Arguments against the star-rating system:

The star-rating system was challenged by Meenava Thanthai K R Selvaraj Kumar Meenavar Nala Sangam, a Tamil Nadu-based organization advocating for fishermen’s rights.
The challengers argue that the system could undermine the thoroughness of the environmental impact assessment process and contravene the Environment Impact Assessment (EIA) notification of 2006, which demands detailed scrutiny of project impacts.

Arguments in favour:

The Ministry, in its defense, stated that the order is administrative, aimed at enhancing efficiency without altering the procedural or timeline requirements of the EIA notification of 2006.

What is Environmental Impact Assessment (EIA)?

Defined by the UN Environment Programme (UNEP) as an analytical process that evaluates the potential environmental consequences of implementing a project.
Aims to incorporate environmental considerations into decision-making processes for projects.

EIA in India:

In India, the EIA process is mandatory for 39 categories of projects requiring an environmental clearance (EC).
The EIA notification was first established in 1994 under the Environment (Protection) Act of 1986.
This Act mandates environmental clearance for both the expansion and modernization of existing projects, as well as for the establishment of new projects.

Stages:

The environmental clearance process comprises four stages, namely, Screening; Scoping; Public Consultation and Appraisal.
The Expert Appraisal Committee (EAC) is a multi-disciplinary sectoral appraisal committee, whose primary role is to give recommendations to the MoEFCC on project proposals after considering the potential impacts of the project.
Based on these recommendations, the MoEFCC either rejects the proposal or grants a clearance with conditions which would mitigate the impacts or compensate for the same.

Rules that Govern the EIA Process:

To decentralize the process of project clearance, the EIA Notification 2006 has categorized the projects into Category ‘A’ and Category ‘B’ based on their impact potential.