Category B1 vs Category B2 Projects: Screening under the EIA Notification, 2006

Not every Category B project needs a full environmental study. Under the EIA Notification, 2006, the State Expert Appraisal Committee first screens each Category B application and places it in Category B1, which requires an EIA report and public consultation, or Category B2, which requires neither and is appraised on the basis of the application. Screening is the first stage of the EIA process and applies only to Category B. Because B2 skips the public hearing, the classification is important, and it has been controversial.

1. Screening

Screening is the stage at which the SEAC examines the application in Form 1 (and Form 1A with a conceptual plan for building projects) and decides whether the project requires further environmental studies for preparation of an EIA. It applies the guidelines issued by the MoEFCC on categorisation, considering the nature, scale, location and likely impacts of the project. Screening does not apply to Category A projects, which always require an EIA (subject to specific exemptions).

2. Category B1 Projects

Category B1 projects are those the SEAC considers likely to have significant environmental impacts requiring detailed study. They go through the full process: scoping (Terms of Reference), preparation of the EIA report by an accredited consultant, public consultation (public hearing conducted by the State Pollution Control Board and written responses), and appraisal by the SEAC, followed by the SEIAA's decision. B1 is the default for Category B projects of any significant size or in any sensitive setting.

3. Category B2 Projects

Category B2 projects are those the SEAC considers not requiring an EIA report, on the basis of the MoEFCC's guidelines. They skip scoping, EIA and public consultation, and are appraised on the basis of Form 1, supporting documents and, where applicable, an environmental management plan. The Notification expressly exempts all Category B2 projects from public consultation. The Ministry has used B2 for small projects such as certain small mining leases of minor minerals, some expansions within limits, and specified small industries; building and construction projects under item 8 are appraised on Form 1A and a conceptual plan, without EIA or public hearing.

4. Key Differences

5. Issues and Case Law

The B2 category has been criticised as a route to avoid public hearings. Concerns include vague screening guidelines, classification of projects with cumulative impacts (for example, clusters of small mines or brick kilns) as B2, and frequent amendments widening B2. In Deepak Kumar v. State of Haryana, (2012) 4 SCC 629, the Supreme Court required EC even for minor mineral leases below five hectares, leading the Ministry to bring small mining into the EIA regime, largely as B2 with district-level appraisal, and later to adopt cluster approaches where contiguous small leases together exceed thresholds and require B1 treatment. The NGT has set aside B2 classifications where the SEAC failed to consider cumulative impacts, sensitivity of location, or the MoEFCC's guidelines, and has insisted that screening decisions be reasoned.

6. Related Topics and Provisions