Stage Two: Scoping, and the Terms of Reference

In one line

Scoping fixes what the assessment must study, starting from the Ministry's sector specific Standard Terms of Reference, and if the regulatory authority does not refer a new project to the appraisal committee within thirty days, the Standard Terms of Reference are issued online on the thirtieth day.

In the wording a student can write in an examination: stage 2 of paragraph 7(i) of the Environmental Impact Assessment Notification 2006, as substituted by S.O. 751(E) of 17 February 2020, defines scoping as the process to determine detailed and comprehensive terms of reference addressing all relevant environmental concerns for the preparation of an environmental impact assessment and environment management report for the project for which prior environmental clearance is sought; Category B2 projects shall not require scoping; the sector specific Standard Terms of Reference developed by the Ministry shall be displayed on its website; highway projects in border States, projects in approved industrial estates or parks and expansion proposals of projects holding earlier clearance receive the Standard Terms of Reference online within seven working days of acceptance of the application, without reference to the committee, which may recommend additional specific terms within thirty days; every other new project shall be referred to the committee within thirty days of the application for specific terms in addition to the standard ones, failing which the Standard Terms of Reference shall be issued online on the thirtieth day; and an application for terms of reference may be rejected on the committee's recommendation, the decision with reasons being communicated in writing, after due personal hearing, within sixty days of its receipt.

What scoping is

It is the stage at which the regulator decides what questions the assessment must answer. Everything that follows depends on it, because an assessment report answers the terms of reference and nothing else. A concern omitted at scoping is a concern that will not be studied, will not be before the committee at appraisal, and will not appear in the summary the public reads before the hearing.

Who does it. The regulatory authority, that is the Ministry or the State Environment Impact Assessment Authority as the case may be, issues the terms of reference. The Expert Appraisal Committee or the State Expert Appraisal Committee recommends any specific terms of reference to be added to the standard ones.

What it produces. Detailed and comprehensive Terms of Reference addressing all relevant environmental concerns.

Who else it applies to. Existing projects: all expansion proposals of existing projects having earlier Prior Environmental Clearance receive the Standard Terms of Reference online under clause (iv)(c). It does not apply to Category B2 projects, which shall not require Scoping.