Exemptions and public hearings?The 2006 EIA notification which brought in the B1 and B2 categorisation of industries was the UPA’s creation, not ours. This gave states the discretion to decide which industry was in which category and has led to wide variation and confusion across states on exemptions. We hope to do away with this confusion. We are adding to the list of industries that will require public hearings –– power, steel, cement and 17 critically polluting industries even in industrially notified areas. Many are raising the issue of reduction of time limit for public hearing from 30 days to 20 days –– and this is not a prestige point for us. My point here is that public hearing is conducted on a single day for a project and communication has moved faster now due to mobile telephony and other technology. So, a shorter window is in tune with the times.EIA 2020 versus watchdog NGTI am confident it will pass through.Parliamentary panel’s serious viewThe Parliamentary panel has not taken any such line on the issue. Our recent presentation was well appreciated by all members. There is no official comment on it. Also, no opposition is registered in the proceedings of the committee.Parliamentary Panel chairperson Jairam Ramesh’s views?The chairman has his personal views. He wrote to me and I have responded to the issues raised, point by point.Political criticism — Aditya Thackeray to Rahul Gandhi?I am responding to all issues raised. Also, go back to Rahul Gandhi’s statements in his Lok Sabha election campaign where he promised they will allow setting up of businesses without any permission and within three years will seek clearances. What was that about? There is no problem at all as far as political consensus is concerned. Everyone will be convinced. We held consultations with all states–– 20 states attended the conference –– on the proposed EIA last year and 12 gave their opinions, mostly supporting it. Suggestions will certainly be considered.Final notificationThere are 1.8 million views we have got through public feedback and only some 5,000-10,000 of these have new points. Our final notification will come after considering these views. This is not a final document. However, whatever is correct, we will stand by it –– for instance, the special dispensation for defence projects. We are not giving blanket freedom here; they will follow standard guidelines but the process will be expedited to save time.
Draft EIA in line with green rules, court rulings: Prakash Javadekar, Environment Minister
Facing criticism over the draft Environment Impact Assessment (EIA) 2020, Environment Minister Prakash Javadekar says the document is in keeping with court rulings and the Environment Act and rules out any retrospective clearance. Excerpts from an interview with ET:Need for a new EIA notificationThe 2006 EIA notification has been amended 55 times. 230 office memorandums (OMs) have been issued on it. All this led to confusion. EIA 2020 notification is not proposing major changes, we are just revising and consolidating the changes made so far. There are three key changes we are proposing. In 2014, we had given general approval for all defence projects and border roads within 100 km of the LAC, this will now be reflected in the EIA. Two, we are facilitating two categories of projects by waiving public hearing for them—MSME and clean technology— as both are small, with little or no environmental impact. Three, we are doing away with discretion given to states and the expert appraisal committees on environmental clearance and categorisation of industries —to do away with confusion.The ‘post facto’ clearance controversyWe are not giving any post-facto sanction. This is not our invention either. UPA governments brought this concept through OMs in 2010, 2012 and 2013. The NGT later quashed these OMs saying these cannot override notifications. There are also three court orders —from the Jharkhand High Court and the Supreme Court. The former says we cannot refuse considering clearances except on merit and not on the issue of violation. In two orders, the SC has clearly said we cannot close down industry but may impose penalties/fine for violations. The EIA draft is in keeping with SC orders, EP Act and is part of a legacy. There will be no ‘retrospective’ clearance as is being misrepresented. There will only be ‘prospective’ environmental clearance and heavy penalty will be imposed for the period of violation.On being labelled ‘pro-industry’ and ‘anti-environment’We are not exempting anybody. In fact, we are proposing to bring in every company/industry into the ambit of a rigorous environmental clearance regime through mechanisms like the Environment Management Plan, Environment Impact Assessment and the Expert Appraisal Committee. Today, there are certain industries which have started production without any EC. So, we are framing 2-3 plans which will bring in a strong and deterrent penalty structure against violations. These will soon be public. The said industries will be put through proper appraisal and scrutiny to seek new EC.
