Category A vs Category B Projects under the EIA Notification, 2006

The EIA Notification, 2006 divides projects requiring prior environmental clearance into Category A and Category B according to their scale and potential impact. Category A projects are cleared by the Central Government; Category B projects by State-level authorities. The division decentralised the clearance system that, under the 1994 Notification, had been entirely central, and it determines which committee appraises a project, whether screening applies, and who hears appeals of fact.

1. Category A Projects

Category A projects are those listed in the Schedule with the greatest potential impact, usually defined by thresholds of size or capacity: for example, large mining leases, thermal power plants of 500 MW and above (coal-based), river valley and hydroelectric projects above specified capacity or command area, nuclear projects, petroleum refineries, large ports and airports, and national highways above specified thresholds. They are appraised by the sector-wise Expert Appraisal Committee (EAC) of the MoEFCC, and cleared by the MoEFCC as the regulatory authority. They do not go through screening, and move directly to scoping, public consultation and appraisal.

2. Category B Projects

Category B projects are those below the Category A thresholds but still listed in the Schedule. They are appraised by the State Expert Appraisal Committee (SEAC) and cleared by the State Environment Impact Assessment Authority (SEIAA), both constituted by the Central Government under Section 3(3) of the EPA on the State's recommendation. Category B projects are first screened by the SEAC and classified as B1 (EIA and public consultation required) or B2 (neither required). Building, construction and area development projects under item 8 are Category B and are exempt from public consultation.

3. The General Condition

Under the General Condition in the Schedule, a Category B project is treated as Category A if it is located, wholly or partly, within ten kilometres of: a protected area notified under the Wild Life (Protection) Act; a critically polluted area identified by the CPCB; a notified eco-sensitive area; an inter-State boundary; or an international boundary. The condition ensures central appraisal where impacts may cross boundaries or affect sensitive areas. Where a SEIAA or SEAC has not been constituted or is not functional in a State, Category B projects are appraised centrally as Category A.

Basis	Category A	Category B
Scale	Larger projects above Schedule thresholds	Smaller projects below A thresholds
Regulatory authority	MoEFCC	SEIAA
Appraisal body	Expert Appraisal Committee (central)	State Expert Appraisal Committee
Screening	Not applicable	Applicable: B1 or B2
EIA report	Always required	Required for B1; not for B2
Public consultation	Required (subject to exemptions)	Required for B1; not for B2 or item 8
General Condition	Receives B projects within 10 km of sensitive areas or boundaries	Moves to A if the General Condition applies
Default rule	Also appraises B projects where SEIAA or SEAC is absent	Depends on functional State bodies
Examples	Coal thermal plant of 500 MW or more; large dams; nuclear plants; refineries	Smaller industries, smaller mines, building and construction projects

✦ Mnemonic: 'A for All-India; B for Bharat's States'

Category A is decided at the All-India level (MoEFCC, EAC). Category B is decided in the States (SEIAA, SEAC). The ten-kilometre General Condition is the lift that carries a B project up to A when it sits near a sanctuary, a polluted cluster, an eco-sensitive area or a border.

4. Significance and Issues

The categorisation balances efficiency (State-level clearance for smaller projects) with expertise and uniformity (central appraisal for large or sensitive projects). Problems include splitting of projects into smaller units to fall below thresholds (addressed for mining in Deepak Kumar v. State of Haryana, (2012) 4 SCC 629, which required EC for minor mineral leases below five hectares, and by cluster approaches), variable quality of SEIAA and SEAC appraisal, and frequent amendments to thresholds. Courts and the NGT have set aside clearances granted by the wrong authority, for example where a project within ten kilometres of a protected area was cleared by a SEIAA.

⚠ Examination point

State the authorities (MoEFCC and EAC versus SEIAA and SEAC), the role of screening in B, the General Condition (ten kilometres), the default rule when State bodies are absent, and the item 8 exemption.

✦ How to write a 10-mark answer on Category A versus Category B

1. Basis of categorisation. 2. Category A: authority, process, examples. 3. Category B: SEIAA, SEAC, screening, B1 and B2, item 8. 4. General Condition and default rule. 5. Differences table. 6. Issues (Deepak Kumar, splitting). 7. Conclusion.

5. Related Topics and Provisions

Topic or provision	Connection
Environmental Impact Assessment (Topic 20)	Categorisation in detail
Category B1 vs B2 projects (Topic 79)	Sub-categories of B
Environmental governance and institutions (Topic 49)	EAC, SEIAA and SEAC
EC vs wildlife clearance (Topic 65)	Ten-kilometre condition