! Environmental Impact Assessment process!

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Environmental Impacts"! Environmental Impact Assessment process! Prof. Doutora Maria do Rosário Partidário Environmental Impacts @ MRPartidário 1

EIA Started with NEPA (National Environmental Policy Act, 1969-70) and became the most powerful environmental policy instrument Pre-EIA Projects assessed based on costbenefit analysis and engineering feasibility studies EIA Evolution EIA in the sustainability context Currently 1995 Integrated assessment 1990 Sustainability paradigm 1985 Process and procedural reconception 1980 Social dimension is incorporated 1975 Methodological development 1970 Pre-EIA Environmental Impacts @ MRPartidário 2

SCREENING EIA PROCESS SCOPING Typical steps in an EIA process EIR PREPARATION Public participation along the process QUALITY REVIEW DECISION Institutions consultation POST- EVALUATION

Stages in the EIA process Screening - to determine need for and level of EIA Scoping identify impacts; identify important issues; identify alternatives, establish ToR for EIS. Preparation of environmental impact report Baseline studies state of the environmental and evolution in the absence of project Impact analysis identifying, predicting impacts, comparing alternatives Impact assessment assess impacts Mitigation - minimize or offset adverse impacts (environmental management plan). Review of the EIR - including public involvement and institutional consultation Decision making - conditions of approval (EIStatement - DIA) Follow up - monitor impacts; effectiveness of mitigation, improve environmental management.

Screening Screening Selecting those projects that require an EIA process and the development of related studies - Positive lists - Negative lists - Initial assessment (screening checklist, preliminary studies, expert judgement) Scoping EIR preparation Quality Review Decision Post-evaluation

Screening methods! (Guidance EU, 2001)! Depend on EIA systems:" Positive lists - explicitely state conditions for EIA submission, with or without thresholds" Negative ou exclusion lists - explicitely state conditions to exclude a project from EIA submission, with or without thresholds" Initial studies to determine if a given projects must be submitted, or not, to EIA."

Screening criteria (Guidance EU, 2001)! Project category (classification,! objectives, characteristics, type of manufactured products...);" Location (protected areas, coastal areas,.);" Dimension (area, extension, flows, tension, amount of resources being used, nr of units,...);" Other similar projects in the neighbourhood (cumulative effects);" Time horizon;" Investment value (Equator Principles);" Two or more of the above criteria."

Screening in Portugal! 1. Positive list 3. Joint decision 1- Projects identified in the positive list - Annex I and Annex II 2- Exclusion from EIA (for projects on the positive list) 3- Joint decision by the environmental minister and the sector minister (for projects not on the positive list) 2. Exclusion 4. Preliminary assessment EIA Y/N: EIA EIA Y/N: EIA 4- Preliminary assessment (for projects on the positive list but below thresholds) proposed by competent authority

Scoping Can be legally requested, or a voluntary action of the proponent, with or without public participation Purpose: Identify key issues to be considered in the EIA and related studies Content: - Key environmental issues - Relevant alternatives - Methods for impact assessment and studies to be developed - Relevant stakeholders to be involved - Planning, methodology and structure of the EIS Screening Scoping EIR preparation Quality Review Decision Post-evaluation

Scoping What is it: Early stage of the EIA process, can be forced by law or an option of the proponent. In the new European Directive it is mandatory" Objective: To ensure that EIS contain relevant information for the decision on impacts and project alternatives, as well as other relevant information. Identifies and selects significant environmental issues that can be potentially afected by the project and that should be analysed in the EIS." Results: EIS planning and establishment of terms of reference" Public participation in scoping: reduction of conflicts"

Scoping Checklist (EU, 2001)! - Details on the proponent - Project characteristics - Brief description and justification of the project - Plan with geographic boundaries - Description of processes, physical shape, alternatives, etc. - Used resources, etc. - Project location - Maps, photos - Land use, protected and restricted areas, zoning, etc. - Potential impacts characteristics - Impacts on people, health, fauna and flora, noise and vibration, hidrology, cultural heritage, etc. - Nature of impacts, duration, probability, etc.

Scoping Checklist (EU, 2001)! Environmental Impacts @ MRPartidário

Scoping Checklist (EU, 2001)! Environmental Impacts @ MRPartidário

Scoping Checklist (EU, 2001)! Environmental Impacts @ MRPartidário

Scoping- signficant impacts! 1. Will there be a large change in environmental conditions? 2. Will new features be out-of-scale with the existing environment? 3. Will the effect be unusual in the area or particularly complex? 4. Will the effect extend over a large area? 5. Will there be any potential for transboundary impact? 6. Will many people be affected? 7. Will many receptors of other types (fauna and flora, businesses, facilities) be affected? 8. Will valuable or scarce features or resources be affected? 9. Is there a risk that environmental standards will be breached? 10. Is there a risk that protected sites, areas, features will be affected? 11. Is there a high probability of the effect occurring? 12.Will the effect continue for a long time? 13.Will the effect be permanent rather than temporary? 14.Will the impact be continuous rather than intermittent? 15. If it is intermittent will it be frequent rather than rare? 16.Will the impact be irreversible? 17.Will it be difficult to avoid, or reduce or repair or compensate for the effect?" Environmental Impacts @ MRPartidário (UE, 2001)"

Types of Alternatives and Mitigating Measures to be Considered Measures to conserve or reduce wastage of resources Different approaches to meeting demand Locations or routes Processes or technologies Site plans and layouts Design of structures Types and sources of materials Product specifications Timetable for construction, operation and decommissioning including any phasing of the project Size of the site or facility Level of production Responsibilities for implementation Pollution controls Waste disposal arrangements including recycling, recovery, reuse and final disposal Access arrangements and routes for traffic to and from the site Environmental management responsibilities and procedures Employment and staff training Monitoring and contingency plans Decommissioning arrangements, site restoration and after-use Do Nothing or Do Minimum Environmental Impacts @ MRPartidário (UE, 2001)"

EIReport preparation Preparation of one of the most important documents of the EIA process. Proponent responsibility. " Purpose" Provide information on potential significant environmental impacts" Environmental impacts include physical, ecological, social, cultural, economic, and other that may be relevant" Screening Scoping EIR preparation Quality Review Decision Post-evaluation

EIReport preparation Content 1. Introduction 2. Justification of the project 3. Description of the project and relevant alternatives 4. Baseline studies (including expected situation without the project) 5. Impact assessment and mitigation measures (including residual or unavoidable impacts) 6. Follow-up: monitoring, management and evaluation Non-Technical Summary Screening Scoping EIS preparation Quality Review Decision Post-evaluation

Quality Review A crucial step of the EIA process, formally required in most EIA systems, but sometimes absent, highly vulnerable to political pressures." Should always engage public participation" Purpose" To check the quality of the environmental studies and impact assessment conducted by the proponent, with the assistance of consultant teams, and validation." Screening Scoping EIR preparation Quality Review Decision Post-evaluation

Quality Review Who does it? EIA authorities in each country, most of the times based in the ministry with environmental responsibilities Method - Independent expertise establish guidelines with criteria, at Scoping stage, and use these criteria to assess results at Review stage - Ministry officers may use, or not, published criteria for good quality EIA, per sector (e.g. EU guidance, US, Canada, Australia ) Screening Scoping EIR preparation Quality Review Decision Post-evaluation

Decision It is the go-ahead, or not, of the project" Can be binding, or simply a recommendation" Three possible decision-takers:" 1. Proponent" 2. Sectoral authority with licensing responsibilities" 3. The Minister with environmental responsibilities" Possible production of a Environmental Impact Statement that states the decision and the conditions for a go-ahead (e.g. conditional to the adoption of mitigation measures) (In Portugal is the DIA Declaração de Impacto Ambiental)" Screening Scoping EIR preparation Quality Review Decision Post-evaluation

Post-evaluation or follow-up Enforces the concept of life-cycle in EIA, what happens after decision to go-ahead is taken Purpose: To follow the implementation of the project (including construction, implementation and abandonnement) to check on efficiency of mitigation measures, clarifying uncertainties, detect unexpected impacts, and ensure environmental management of the project Content Monitoring programme Evaluation studies Screening Scoping EIR preparation Quality Review Decision Post-evaluation

Process of Environmental Impact Assessment (IAIA,1999): Screening Does the project require an EIA? Scoping What are key environmental issues? EIR preparation Quality Review Decision Impacts assessment, mitigation measures, monitoring and environmental management Were impacts and mitigation measures well identified, and a monitoring programme defined? Approval or rejection Post-evaluation M&E, communication and management

EIA and Decision Cycle" Environmental Impacts @ MRPartidário 24

Project cycle Viability! Abandonnement! Intention to develop a project! Concept Design! Exploration/operation, monitoring and project assessment" Previous studies! Construction / Implementation! Execution project! Environmental Impacts @ MRPartidário 25

Abandonement! EIA and project Environmental management plan! cycle Intention to develop a project! Feasibility! Key issues, initial assessment and screening! Concept Design! Scoping and impacts significance! Implementation/operation, project monitoring and evaluation" Monitoring and postevaluation! Construction! Environmental management plan applies! Participation / public and stakeholders engagement! Execution Project! Previous study! Alternatives, impact assessment, need for mitigation measures! Mitigation measures. Environmental management plan!