Eia

4M1 4E EN VI RONM ENT AL IMPACT ASS ESSM ENT Peter Guthrie

Re comm ended text books Wood, C. (2002). Environmental Impact Assessment: a Comparative Review (2nd Edition). Harlow: Prentice Hall Therivel, R. and Partidário, M.R. (1996). The Practice of Strategic Environmental Assessment. London: Earthscan Glasson, J. Therivel, R. and Chadwick, A. (1999). Introduction to Environmental Impact Assessment (2nd Edition). London: Spon Press

What is EIA ? “an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead” (DETR and National Assembly for Wales, 1999)

What is i t really? Environmental Impact Assessment is a process, set down as a repeatable series of steps to be taken, to allow the environmental consequences of a proposed development to be assessed. The environmental consequences have to be those INCREMENTAL effects which are due to the proposed development, and not those which are due to the passage of time or other developments not included in the proposal.

Or ig in s and hist ory of EIA 1960s witnessed the emergence of environmentalism (e.g. publication of Silent Spring by Rachel Carson in 1962) First formal system of EIA established in the US following the National Environmental Policy Act (NEPA) of 1969

Or ig in s and hist ory of EIA NEPA sought to ensure that environmental concerns were considered in the decisionmaking of Federal Government agencies Section 102(2)(c) required agencies to prepare a detailed statement on the environmental impact of “proposals for legislation and other major Federal actions significantly affecting the quality of the human environment”

Or ig in s and hist ory of EIA The statement – referred to as an Environmental Impact Statement (EIS) - should include details on any adverse environmental effects which cannot be avoided should the proposal be implemented alternatives to the proposed action

Or ig in s and hist ory of EIA Since 1969 a host of other countries have adopted EIA legislation In 1977 the European Commission began drafting a directive on EIA and finally published a proposal in 1980 Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment – the ‘EIA Directive’ was adopted in July 1985 and Member States had until 3 July 1988 to implement its requirements

Th e EI A Dire ctive The EIA Directive requires projects likely to have significant effects on the environment by virtue of their nature, size or location to undergo an environmental assessment before the competent authority in question grants consent

Th e EI A Dire ctive The EIA Directive was amended in 1997 (Directive 97/11/EC). Following signature of the ‘Aarhus Convention’ on 25 June 1998, Directive 2003/35/EC was adopted which amends amongst others the EIA Directive and brings it into line with the public participation requirements of the Aarhus Convention

Th e EI A Dire ctive See the European Commission’s web pages on environmental assessment at:

http://europa.eu.int/comm/environment/eia

Th e EI A Dire ctive The EIA Directive defines a project as the execution of construction works or of other installations or schemes, other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources

Th e EI A Dire ctive The EIA should identify, describe and assess the direct and indirect effects of a project on the following factors: human beings, fauna and flora  soil, water, air, climate and the landscape  material assets and cultural heritage  the interaction between the above factors 

EIA should therefore have a strong social dimension

Screening

(does the project require EIA?)

Scoping

(what issues and impacts should the EIA address?)

Baseline studies (establish the environmental baseline)

Alternatives

(consider the different approaches)

Impact prediction

(forecast the environmental impacts)

Impact assessment (interpreting the impacts)

Mitigation

(what can be done to alleviate negative impacts?)

EIS preparation/review (document the EIA findings)

Public consultation (consult general public and NGOs)

Monitoring (monitor impacts of project)

Sc reening Is an EIA needed? Many projects may have no significant environmental effects A screening mechanism seeks to identify those projects with potentially significant adverse environmental effects

Sc reening Two principal approaches to screening:  the

use of thresholds  case-by-case examination against criteria

Under the EIA Directive:  EIA

is mandatory for projects listed in Annex I of the Directive  EIA is required subject to Member States’ thresholds and criteria for projects listed in Annex II of the Directive

Sc oping The scope of an EIA is the issues and impacts it addresses Scoping is the process of deciding which of a project’s possible alternatives and impacts should be addressed in the EIA An EIA should focus only on the significant issues and impacts

Sc oping Scoping is carried out in discussions between the developer, the competent authority, relevant agencies and, ideally, the public Effective scoping enables limited resources to be allocated to best effect (i.e. through investigation of only the most significant impacts) Scoping is not mandatory under the EIA Directive

Ba se lin e st udies Following the scoping phase, it is essential to assemble all the relevant information on the current status of the environment The baseline study should anticipate the future state of the environment assuming the project is not undertaken - the ‘no action alternative’ This provides the ‘baseline’ against which future impacts can be assessed

Ba se lin e st udies Baseline studies should be undertaken for each alternative site so that the relative severity of the impacts for each alternative can be assessed New field work may necessary (e.g. ecological survey) if relevant data is not already available

Alt ern ative s EIA is ideally undertaken for a project and its alternatives (e.g. different locations, scales, designs) Alternatives are the ‘raw material’ of EIA The US Council on Environmental Quality (CEQ) has described the discussion of alternatives as the ‘heart’ of the EIS Many EISs fail to consider alternatives

Imp act assessme nt Impact assessment involves evaluating the significance of the impacts identified Significance can be determined through professional judgement, reference to regulations etc. Potential for bias in determining what is significant The conclusions of the impact assessment can ultimately be used by decision-makers when determining the fate of the project application

Mit igation Negative impacts on the environment identified during the EIA can be alleviated through mitigation measures The mitigation hierarchy: Avoid - Reduce Remedy - Compensate - Enhance Impacts remaining after mitigation are known as residual impacts The legislation obstructs the proper process of design development

EI S p reparatio n / revie w The Environmental Impact Statement (EIS) is a formal document which includes information on the development and information relating to screening, scoping, baseline studies, alternatives etc. Common requirement to include a nontechnical summary

EI S p reparatio n / revie w Once complete, the EIS is submitted to the competent authority (along with the planning application) The EIS is often reviewed (either formally or informally) The review enables the competent authority to decide whether the EIA is adequate, accurate and unbiased

Pu blic consu lt ation The EIA Directive provides for public consultation on the application for development and the EIS

Po st -p roje ct monitorin g Monitoring should determine:  the

accuracy of the original predictions  the degree of deviation from the predictions  the possible reasons for any deviations  the extent to which mitigation measures have achieved their objectives

What is in an ES? Non Technical Summary Description of the proposals Assessment of Baseline conditions Assessment of no development conditions Assessment of conditions with development Mitigation proposals

What is in an ES? All conditions assessed for Construction phase Operation phase

Construction Phase Temporary Higher levels of impact usually deemed acceptable Difficult to predict VERY difficult to enforce conditions Usually well influenced by effective consultation

Operation Phase Long Term Much less room for compromise on standards Relatively simpler to predict Less difficult to enforce conditions, as the conditions are on the project owner Usually less influenced by effective consultation at scheme level, more at detailed level

Operation Phase Can be several phases Project itself may be developed in stages Sometimes need to look at Commissioning  Opening  Operation after period  Operation once landscaping mature  Operation at design capacity  Operation at ultimate capacity 

Consents Process ES generally accompanies an application for permission to proceed May be at Local, Regional, or National level Local and regional levels usually can refer upwards Application will be at outline or detailed stage; increasingly difficult to get approval on outline applications

Secretary of State Inspectors / Reporters (Scotland) Councillors (District, County or Borough) Chief or Senior Planning Officers

But… At local level, Councillors (elected members), may be capricious and driven by political considerations

Consents Process Planning Authority will impose conditions on acceptance eg for UK  S106 Conditions of T&CP Act  S38 Agreement Highways Act  Parts of other Acts eg Ports and Harbours Act (Harbour Revision Orders)  Contributions to development outside site boundary  Contributions to local government initiatives  Limits to levels of activity (difficult to enforce)

Consents Process Refusal leads to appeal process If significant objections, Planning Authority may refer the application to higher level of government (in England and Wales, the Secretary of State)

In UK, 98% of all planning applications are granted, eventually albeit in amended form

Acoustics and Vibration Roads: well established methodology Airports: widely accepted contours for LA EQ 16 hour and 8 hour

Railways: façade measurements and predictions Night time noise often critical Vibration threshold (usually threshold of perception)

More than half of Europe's citizens live in noisy surroundings One third of Europeans have disturbed sleep due to noise Prolonged exposure to noise can cause hypertension and heart disease Noise above 80db may cause aggressive behaviour A link between noise and mental health is suggested by the demand for sleeping pills and tranquillizers An adult's ear can tolerate an occasional noise level of up to 140db A child's ear should never be exposed to noise above 120db Source bbc.co.uk

Air Quality Looking for  Oxides of nitrogen (NO ) x  Oxides of sulphur (SO ) x  Ozone O 3  Particulates PM and now 10 PM2.5  Dioxins and Furans for Incinerators  Particulates (dust)  Odour

Air Quality No legal standards Most projects have very limited impact Dioxins and Furans have become significant concerns since the extremely low levels could be measured Roads schemes always show improvement in air quality over next twenty years

Forestry and Agriculture Classification of land (Grade 1, 2, 3) Severance and viability Orphaning of land parcels Isolating buildings from fields etc Opportunities for landscaping on isolated pieces of land

Water Quality Aquifer protection zones River designations Ecology impacts Hazard assessment from spills etc

Landscape and Visual Amenity Visual assessment Site categorisation (AONB, Conservation area) Inter visibility plots Landscape description Landscape value Opportunities for landscaping

Twyford Down

Heritage and Archaeology Site categorisation (SAM, Grade I, II*, II) (World Heritage Site, Conservation Area) Locally important buildings without designation English Heritage National Trust County Archaeologist

Ecology Assessment of ecological value Site categorisation (SSSI,SNCI, SAC,SPA) Inventory of flora and fauna Rare species Protected species (incl Red List) Impact of severance, disruption etc English Nature, RSPB, Wildlife Trusts etc

Geology and Soils Assessment of geological value Pedology characterisation Site protection (SSSI)

Traffic Impact Assessment Traffic flows generally on roads Cars, taxis, trucks, buses, cycles Pedestrian journeys Public/private transport split Congestion/traffic management Proposed mitigation measures

Sustainability Assessment Currently part of EIA Should be the over-arching process No current guidelines

Construction Impacts Traffic movements Dust Mud Social impacts itinerant workers Business generation Spoil heaps Contamination of rivers & streams

Construction Impacts Light pollution Noise Vibration of piling plant Materials stockpiles Construction sites

How does EIA actually contribute to Sustainable Development?