The EIA process is complex and requires the skills of a combination of specialists. In most cases, a multidisciplinary team conducts the EIA study. The TOR will dictate the composition of the team and the knowledge base and skills required. Most proposals have a number of potential impacts including, physical, chemical, biological, health, social and economic impacts. This will necessitate the need to bring on board multiple viewpoints and expertise in order to produce a comprehensive and coordinated EIA report.
Scientific studies carried out in the assessment study of a proposed project include:
• Ecological studies (soil physio-chemistry, soil microbiology, vegetation, plant pathology, hydrobiology/fisheries, aquatic physio-chemistry, aquatic microbiology);
• Water/Borehole studies (hydrogeology, hydro-geochemistry, microbiology);
• Climate and Air quality studies (pollutants/air emission measurements, noise measurements);
• Demographic studies (socio-economic and cultural aspects).
Resource persons are therefore identified and selected for their complementary perspectives and technical expertise in analyzing the impacts that are of concern. Health professionals and experts in a variety of environmental, economic, social and technical areas will be required. Demonstrated expertise and experience in EIA, range of impacts to be studied and local knowledge are key factors that influence selection. The number of resource persons involved in the EIA depends on the complexity of the proposal.
THE ROLE OF BENEFICIARY COMMUNITY IN EIA
Those people affected by the proposal have a major role to play in identifying concerns and issues and providing local knowledge and information. They can provide relevant information about the environmental, health and social conditions in the area as they may have valuable knowledge and insights (traditional knowledge) into the ecosystems that will be potentially affected by a project. The inputs of the beneficiary community are therefore valuable during the different stages of the EIA process.
LEGAL IMPLICATIONS OF EIA
Legal provisions for EIA can be found in general environmental or resource management law which incorporates EIA requirements and procedure and in EIA specific law.
International Legislation of relevance to EIA
Significant developments have taken place in international environmental law which is relevant to or applicable by the EIA systems of all countries. These can be divided into:
• Non binding instruments, such as the Rio Declaration on Environment and Development which calls for use of EIA as an instrument of national decision making (Principle 17) and also contains other principles relevant to EIA practice (e.g. principle 15 on the application of the precautionary approach).
• Legal conventions and treaties related to environmental protection at the global or regional level which carries obligations for signatory countries that may be met through EIA arrangements. This includes the UN conventions on Climate Change and Biological Diversity (1992) which cites EIA as an implementing mechanism in Articles 4 and 14.
• Legal conventions and protocols that apply specifically to EIA arrangements.
Examples of international EIA legislation that sets precedents include the:
(a) US National Environmental Policy Act (NEPA 1969) – The United States of America was the first country to enact legislation requiring assessment of potential environmental impacts by proponents of development projects. The NEPA Act provided the template of similar legislation in other parts of the country.
(b) New Zealand Resource Management Act (RMA 1991) – RMA is an omnibus law aimed at promoting the sustainable management of natural and physical resources.
(c) Canadian Environmental Assessment Act (CEAA 1993, proclaimed 1995) – CEAA is an example of a comprehensive EIA specific law. It entrenches the principle of public participation, designates the responsibilities of federal authorities in regulations and prescribes the requirements and procedures for undertaking different levels of EIA.
(d) European Commission (EC) Directive of EIA (1985, amended 1997) – The Directive is a framework that is binding upon member States. It sets out the principles and procedural requirement for EIA within the EU, leaving it to the discretion of member States as to how these are transformed into national legislation.
National Legislation of relevance to EIA
The EIA decree of 1992 is the main national law regulating the process of EIA in Nigeria. The Decree amongst other things sets out the procedures and methods to enable the prior consideration of EIA in certain private or public projects or activities. The Decree also gives specific powers to FEPA (now the Federal Ministry of Environment) to facilitate environmental assessment on the projects. The objectives of the Environmental Impact assessment as stipulated in Part 1 Section 1 of the Decree are as follows:
1(a) To establish, before a decision taken by any person, authority, corporate body or unincorporated body including the Government of the Federation, State or local Government intending to undertake or authorize the undertaking of any activity that may likely or to significant extent affect the environment, that the environmental effects of those activities shall first be taken into account;
(b) To promote the implementation of appropriate policy in all Federal lands (however acquired), States and Local Government Areas consistent with all laws and decision making processes through which the goal and objective in paragraph (a) of this section may be realized;
(c) To encourage the development of procedures for information exchange, notification and consultation between organs and persons when proposed activities are likely to have significant environmental effects on boundary or trans-state or on the environment of bordering towns and villages.
Section 2 of the Decree specifies that:
(1) The public or private sector of the economy shall not undertake or embark or authorize projects or activities without prior consideration, at an early stages of their environmental effects;
(2) Where the extent, nature or location of a proposed project or activity is such that is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Decree;
(3) The criterion and procedure under this Decree shall be used to determine whether an activity is likely to significantly affect the environment and is therefore subject to an environmental impact assessment;
(4) All agencies, institutions (whether public or private) except exempted pursuant to this Decree, shall before embarking on the proposed project apply in writing to the Agency (Federal Ministry of Environment), so that subject activities can be quickly and surely identified and environmental assessment applied as the activities is being planned.
Section 13 and the schedule to the Decree contain a list of Mandatory EIA sudy of activities relating to some sectors of the economy. The Decree also prescribes the EIA process, follow-up actions, exemptions, decision makers, approval levels, sanctions and conditions of implementation of EIA in Nigeria.
The Decree adopts a broad definition of “environment” and “effects”. In the Decree “environment” means the component of the Earth, and includes:
a. land, water and air, including all layers of the atmosphere,
b. all organic and inorganic matter and living organisms, and
c. the interacting natural systems that include components refereed to in paragraphs (a) and (b).
“Environmental effect” means, in respect of a project,
a. any change that the project may cause to the environment,
b. any change the project may cause to the environment, whether any such change occurs within or outside Nigeria and includes any effect of any such change on health and socio-economic conditions.
A separate regulation to the Decree includes the EIA Procedural and Sectoral guidelines for five sectors of the economy which are:
i. Petroleum, Petroleum Refining and Petrochemicals;
ii. Manufacturing Industries;
iii. Agriculture and Rural Development;
iv. Infrastructural projects; and
v. Mining.
The guidelines elaborate how the EIA is to be implemented from project conception to commissioning. Other national legislations relevant to the application of EIA include inter alia:
The Constitution of the Federal Republic of Nigeria which in section 20 and 16(2) provides inter alia for the protection and improvement of the environment and the promotion of a planned and balanced economic development.
The National Policy on Environment (1989, revised 1999) which stipulates the mandatory conduct of EIA prior to the approval of major development projects in different sectors of the economy.
The Federal Environmental Protection Agency (FEPA) Decree No. 58 of 1988, amended as Decree No 59 of 1992 empowers FEPA (now Federal Ministry of Environment to oversee the environment, with specific powers to make regulations and particularly prescribes standards for water quality, effluent limitations, air quality, atmospheric protection, ozone protection, noise control and control of hazardous substances.
National Environmental Protection (pollution abatement in industries and facilities generating waste) Regulation S.1.9 (1991), which prohibits all industries and facilities to “release hazardous and toxic substances into air, water or land of Nigeria ecosystems beyond limits approved by the Agency”. It confirms the authority to “demand environmental audit for existing industry and EIA from new industries and major development projects”.
National Environmental Protection Management of Solid and Hazardous Wastes Regulations with schedules S.1.9 which regulates the management of solid and hazardous wastes.
National Guidelines and Standards for Environmental Pollution Control in Nigeria (1991), which prescribes guidelines and standards for six areas of environmental pollution control.
Factories Act (1987) which stipulates requirements for safety of workers and others exposed to occupational hazards.
Urban and Regional Planning, No 88 of 1992 which stipulates the submission of a detailed EIS for applications for (a) a residential land in excess of 2 hectares, or (b) permission to build or expand a factory or for the construction of an office building of four floors or 5,000 square meters of a lettable space, or (c) permission for a major recreational development.
Saturday, November 13, 2010
KEY ELEMENTS OF THE EIA PROCESS
The particular components, stages and activities of an EIA process depend on the requirements of the country. Most EIA processes however have a common structure. Many common procedural elements exist within the Nigerian EIA process. These are systematically outlined below and in Annex A of the Nigerian EIA Procedural Guidelines.
The EIA Procedural Guidelines indicates the steps to be followed in the EIA process from the conception of project to the commissioning, in order to ensure that the project is implemented with maximum consideration for the environment. The basic steps in the EIA process as depicted above comprise:
• Project proposal
• Initial Environmental Examination
• Screening
• Scoping
• EIA study
• Review
• Decision Making
• Monitoring and
• Auditing.
PROJECT PROPOSAL
The EIA process begins with the submission of a project proposal by the proponent. The project proposal is expected to include basic and adequate information about the proposed project and its location (i.e. the who, what, when and where – regarding the project). An outline of the information required for project proposal is contained in Annex B of the EIA Procedural Guidelines. The project proposal is submitted together with a duly completed EIA notification form at the EIA secretariat of the Federal Ministry of Environment, upon payment of an application fee. On submission, the Ministry officially registers the project proposal, issues a registration number, acknowledges receipt and supplies necessary documentation, general guidance and other information that will facilitate a smooth EIA process.
SCREENING
The next key step in the EIA process is screening. Some type of screening procedure is necessary because of the large numbers of projects and activities that are potentially subject to EIA. Screening is done essentially to decide whether or not a proposal should be subject to the EIA process and if so at what level of detail.
In the Nigerian EIA context, an Initial Environmental Evaluation is carried out upon receipt of the project proposal following which the project or activity is assigned into a category I, II or III project as indicated in the checklist for the categorization of projects in figure 1. of the EIA Procedural Guidelines. Criteria for categorization is based inter-alia on the size, scope/extent, risks, significance of impacts and the mitigation measures available for associated and potential environmental impacts. Location of the project in Environmentally Sensitive Areas (ESAs) is also an important criterion to be considered in determining the need for an EIA.
Category I list projects associated with activities relating to all sectors of the economy including Agriculture, Drainage and Irrigation, Fisheries, Mining,
Housing, Industry, Petroleum etc. These projects mandatorily require full EIA due to the significance of their potential impact on the environment.
Projects in category II require EIA in some circumstances when they are located in or close to Environmentally Sensitive Area (ESAs). Projects in category III are essentially expected to have beneficiary impacts on the environment and on human health and often do not require EIA. Category III projects are however assigned into II if the project involves physical intervention in the environment.
Following the IEE, mandatory projects are subjected to the scoping exercise whilst classified and other projects are screened to determine whether or not they should be subjected to an EIA process and if so to what level of detail. The Ministry issues an EIS for excluded projects in category III. At the end of the screening process a screening Report is written to the proponent by the Federal Ministry of Environment.
SCOPING
Following the screening and on establishment that an EIA is required, a scoping exercise is then carried out by the proponent. The scoping exercise is to ensure that all significant impacts and reasonable alternatives are addressed in the intended EIA. The scoping process identifies the issues that are likely to be of most importance during the EIA and eliminates those that are of little concern. Studies are therefore focused on the significant effects and time and money are not wasted on unnecessary investigations. The scope of an EIA is similar to an EIA work plan. The purpose of the scoping is to identify:
- the significant effects and factors to be studied in detail;
- the important issues to be considered in an EIA;
- the reasonable and practical alternatives to a proposed action; and
- the appropriate time and space boundaries of the EIA study.
The scoping process concludes with the establishment of a Terms of Reference (TOR) for the preparation of the EIA. The TOR indicates the scope of the proposed EIA. It sets out what the EIA is to cover; type of information to be submitted and depth of analysis required. It provides guidance to the proponent on how the study should be conducted and managed. In the Nigerian context, the proponent carries out the scoping exercise and submits the TOR to the Ministry indicating the scope of the proposed EIA study. The EIA study is however undertaken according to the TOR agreed with the Ministry. Public involvement at this stage is an integral part of the process. Public input helps to ensure that important issues are not overlooked when preparing the TOR.
EIA STUDY/IMPACT ANALYSIS
The EIA study or Impact Analysis is the technical heart of the EIA process. It entails:
- identifying more specifically the impacts associated with each phase of the project and the activities undertaken;
- predicting the characteristics i.e. the nature, magnitude, extent and duration of the main impacts; and
- evaluating the significance of the residual impacts i.e. after taking into account how mitigation will reduce a predicted impact.
Impact Identification
Impact identification and prediction are undertaken against an environmental baseline, often delineated by selected indices and indicators. In the Nigerian EIA Decree, a broad definition of “environment” is adopted. The EIA study should therefore include effects on:
• human health and safety;
• flora, fauna, ecosystems and biological diversity;
• soil, water, air, climate and landscape
• use of land, natural resources and raw materials;
• protected areas and designated sites of scientific, historical and cultural significance;
• heritage, recreation and amenity assets; and
• livelihood, lifestyle and wellbeing of those affected by a proposal.
Different methodologies and tools are used for impact identification. The most common methods used are:
Checklists - checklists annotate the environmental features or factors that need to be identified when identifying the impacts of projects and activities. They provide a systemized means of identifying impacts.
Matrices - A matrix is a grid-like table that is used to identify the interaction between project activities which are displayed along one axis and environmental characteristics, which are displayed along the other axis. Using the table environment-project activity interactions are noted in the appropriate cells or intersecting points in the grid. Entries are made in the cells to highlight impact severity or other features related to the nature of the impact.
Networks – Networks illustrate the cause effect relationship of project activities and environmental characteristics. They are therefore useful in identifying and depicting secondary impacts such as indirect and cumulative impacts.
Overlays and Geographic Information Systems (GIS) – Overlays are used to map impacts spatially and are then displayed pictorially. Data on topographic features, ecological values and resource constraints are mapped on to individual transparencies and then aggregated into a composite representation of potential impacts. The GIS is a modern version of the overlay method. GIS stores, retrieves, manipulates and displays environmental data in a spatial format.
Expert systems – Expert or knowledge based systems are computerized systems used to assist diagnosis, problem solving and decision making. It involves the use of a data system which encodes expert knowledge and judgment. The user answers a series of questions that has been systematically developed to identify impacts and determine their ‘mitigability’ and significance.
Professional judgment – Professional judgment or expert opinion is widely used in EIA. This can be focused by the use of interactive methods such as Delphi techniques and science workshops, to identify impacts, model cause effects relationships and establish impact hypothesis.
It is important to note that no single impact identification method is suited to use on all occasions nor is it necessary to use only one method at a time. Different methods may be combined. The choice of method by and large depends on a number of factors.
Impact Characterization
Predicting the characteristics of identified impacts is a technical exercise that utilizes physical, biological, socio-economic and cultural data to estimate the likely characteristics and parameters of impacts. These predictions are usually made against a baseline data on the relevant biophysical, social and economic aspects, which provides a reference point against which the characteristics and parameters of impact related changes are analyzed and evaluated.
The characteristics of environmental impacts vary. Typical parameters to be taken into account in impact prediction include:
- nature (positive/negative, direct/indirect, cumulative);
- magnitude (severe, moderate, low);
- extent/location (area/volume covered, distribution);
- timing (during construction, operation etc, immediate, delayed);
- duration (short term, long term, intermittent, continuous);
- reversibility/irreversibility;
- likelihood (probability, uncertainty); and
- significance (local, regional, global).
Methods for predicting the characteristics of impacts include, professional judgment, quantitative mathematical models, experiments and physical models and case studies.
Impact Significance
In practice impacts are likely to be significant if they:
are extensive over space or time
are extensive in concentration or in relation to assimilative capacity
exceed environmental standards or thresholds
do not comply with environmental policies/land use plans
affect ecological sensitive areas and heritage resources
affect community lifestyle, traditional land uses and values.
The key elements for assessing impact significance include; environmental standards, level of public concern (particularly over health and safety), as well as scientific and professional evidence concerning resource loss/ecological damage, negative social impacts and foreclosure of land and resource use options.
MITIGATION AND IMPACT MANAGEMENT
The purpose of mitigation is to identify measures that safeguard the environment and the community affected by the proposal. Mitigation is the stage of the EIA process when measures are identified to avoid, minimize and remedy impacts. These measures are implemented as part of the process of impact management, together with any necessary adjustments to respond to unforeseen impacts. Mitigation measures must be translated into action in the correct way and at the right time if they are to be successful. A written plan should be prepared for this purpose, and includes a schedule of agreed actions. It translates recommended mitigation and monitoring measures into specific actions that will be carried out by the proponent. A good plan should contain the following:
- summary of the potential impacts of the proposal;
- description of the recommended mitigation measures;
- statement of their compliance with relevant standards;
- allocation of resources and responsibilities for plan implementation;
- schedule of actions to be taken;
- programme for surveillance, monitoring and auditing; and
- contingency plan when impacts are greater than expected.
EIA REPORT/ENVIRONMENTAL IMPACT STATEMENT
The EIA Report or Environmental Impact Statement (EIS) is a statement of the likely impacts of a proposal and how these can be mitigated and managed. It is the approved report of the EIA study that documents the potential impacts of a proposed project and the measures that are to be taken to reduce and remedy them. It contains essential information for:
- the proponent to implement the proposal in an environmentally and socially responsible way;
- the responsible authority to make an informed decision on the proposal, and
- the public to understand the proposal and its likely impact on people and the environment.
An EIA Report contains predictions about the environmental impacts of proposals and recommendations for their mitigation and management. An Environmental Management Plan (EMP) also referred to as an Impact Management Plan, is usually prepared as part of EIA reporting.
Typically the content of the EIA report is prepared in accordance with specific TOR established during the scoping process.
In Nigeria, the information to be included in an EIA report is specified in Annex C of the EIA Procedural Guidelines and includes the following headings and items:
i. Table of Contents
ii. Executive Summary
iii. Acknowledgement
iv. Introduction – background information, administrative and legal framework, TOR
v. Project Justification
vi. Project and/or Process Description
vii. Description of the Environment including data acquisition
viii. Associated and Potential Environmental Impacts
ix. Mitigation Measures/Alternatives
x. Environmental Management Plan
xi. Remediation Plans after Decommissioning/Closure
xii. Conclusions and Recommendations
xiii. Bibliography
xiv. Appendices
The proponent is responsible for submitting at least 15 copies of the draft EIA report to the Federal Ministry of Environment for review. The proceedings of consultations with adjoining communities and other stakeholders held in a public forum are expected to be documented as an appendix to the report.
It is important to note that the EIA report is a decision document, not a compendium of technical information. As such, the EIA report should be complete, easily understood, objective, factual and internally consistent. It should effectively communicate the findings to the public at large, local people affected by the proposal and interest groups as well as the decision makers who are the primary users.
REVIEW PROCESS
The review is undertaken to ensure that the information provided in the EIA Report complies with the TOR and is sufficient for decision making purposes. The key objectives of the EIA review are to:
• assess the adequacy and quality of an EIA Report;
• take account of public comment;
• determine if the information is sufficient for a final decision to be made; and
• identify as necessary, the deficiencies that must be addressed before the report can be submitted.
The review procedures may include; in-house review, panel review, public review and mediation.
The review stage typically provides the main opportunity for public comment on the statement of significant impacts and their mitigation. The public is invited to participate in this review process through newspaper advertisements. The draft EIA report is publicly displayed at venues such as the LGA, State Ministry of Environment or Environmental Protection Agency (EPA) and the Federal Ministry of Environment headquarters for 21 working days.
All issues raised at the review process and answers proffered to them by the proponent are included in the final EIA report.
TECHNICAL COMMITTEE/DECISION MAKING
The Federal Ministry of Environment’s technical committee is the decision making body on approval or disapproval of EIA reports. The committee approves or rejects the proposal and set the terms and conditions under which the project can proceed. The committee also has the option to defer approval. (e.g. until certain conditions are met or to require a proponent to redesign the project so that the environmental effects are minimized).
Factors that are important in the final approval of a proposal include:
• findings of significant impact contained in the EIA report;
• input from economic, social and health appraisals; and
• other external pressures and political inputs to decision making.
PROJECT IMPLEMENTATION AND FOLLOW UP
Following the approval of the project for implementation, a follow up mechanism is incorporated to check on the implementation of the terms and conditions of approval during the construction and operation phases; to monitor the impacts of the project and the effectiveness of mitigation measures; to take any actions necessary to ameliorate problems and as required to undertake audit and evaluation to strengthen future EIA applications. The main methods of follow up practiced in the country include mitigation compliance monitoring and environmental auditing which are carried out prior and post commissioning respectively. During the implementation of the project, the Federal Ministry of Environment monitors the progress of the project from site preparation to commissioning in order to ensure compliance with all stipulated mitigation measures and project specifications.
Environmental auditing involves a periodic assessment of the positive and negative impacts of the project. This is also carried out by the Ministry to help improve the EIA process.
Public Participation
An integral part of the EIA process is the public consultation process. This crucial stage is an ongoing activity of all the aforementioned steps. Public consultation is important because it allows the public to voice its concerns about issues which it feels are relevant to the proposed project or to them. In fact, concerns about a project’s adverse effects on health, well-being and quality of life are most often raised within the public consultation process. Specifically public involvement is a valuable source of information on key impacts, potential mitigation measures and the identification and selection of alternatives. It also ensures that the EIA process is open and transparent.
The EIA Procedural Guidelines indicates the steps to be followed in the EIA process from the conception of project to the commissioning, in order to ensure that the project is implemented with maximum consideration for the environment. The basic steps in the EIA process as depicted above comprise:
• Project proposal
• Initial Environmental Examination
• Screening
• Scoping
• EIA study
• Review
• Decision Making
• Monitoring and
• Auditing.
PROJECT PROPOSAL
The EIA process begins with the submission of a project proposal by the proponent. The project proposal is expected to include basic and adequate information about the proposed project and its location (i.e. the who, what, when and where – regarding the project). An outline of the information required for project proposal is contained in Annex B of the EIA Procedural Guidelines. The project proposal is submitted together with a duly completed EIA notification form at the EIA secretariat of the Federal Ministry of Environment, upon payment of an application fee. On submission, the Ministry officially registers the project proposal, issues a registration number, acknowledges receipt and supplies necessary documentation, general guidance and other information that will facilitate a smooth EIA process.
SCREENING
The next key step in the EIA process is screening. Some type of screening procedure is necessary because of the large numbers of projects and activities that are potentially subject to EIA. Screening is done essentially to decide whether or not a proposal should be subject to the EIA process and if so at what level of detail.
In the Nigerian EIA context, an Initial Environmental Evaluation is carried out upon receipt of the project proposal following which the project or activity is assigned into a category I, II or III project as indicated in the checklist for the categorization of projects in figure 1. of the EIA Procedural Guidelines. Criteria for categorization is based inter-alia on the size, scope/extent, risks, significance of impacts and the mitigation measures available for associated and potential environmental impacts. Location of the project in Environmentally Sensitive Areas (ESAs) is also an important criterion to be considered in determining the need for an EIA.
Category I list projects associated with activities relating to all sectors of the economy including Agriculture, Drainage and Irrigation, Fisheries, Mining,
Housing, Industry, Petroleum etc. These projects mandatorily require full EIA due to the significance of their potential impact on the environment.
Projects in category II require EIA in some circumstances when they are located in or close to Environmentally Sensitive Area (ESAs). Projects in category III are essentially expected to have beneficiary impacts on the environment and on human health and often do not require EIA. Category III projects are however assigned into II if the project involves physical intervention in the environment.
Following the IEE, mandatory projects are subjected to the scoping exercise whilst classified and other projects are screened to determine whether or not they should be subjected to an EIA process and if so to what level of detail. The Ministry issues an EIS for excluded projects in category III. At the end of the screening process a screening Report is written to the proponent by the Federal Ministry of Environment.
SCOPING
Following the screening and on establishment that an EIA is required, a scoping exercise is then carried out by the proponent. The scoping exercise is to ensure that all significant impacts and reasonable alternatives are addressed in the intended EIA. The scoping process identifies the issues that are likely to be of most importance during the EIA and eliminates those that are of little concern. Studies are therefore focused on the significant effects and time and money are not wasted on unnecessary investigations. The scope of an EIA is similar to an EIA work plan. The purpose of the scoping is to identify:
- the significant effects and factors to be studied in detail;
- the important issues to be considered in an EIA;
- the reasonable and practical alternatives to a proposed action; and
- the appropriate time and space boundaries of the EIA study.
The scoping process concludes with the establishment of a Terms of Reference (TOR) for the preparation of the EIA. The TOR indicates the scope of the proposed EIA. It sets out what the EIA is to cover; type of information to be submitted and depth of analysis required. It provides guidance to the proponent on how the study should be conducted and managed. In the Nigerian context, the proponent carries out the scoping exercise and submits the TOR to the Ministry indicating the scope of the proposed EIA study. The EIA study is however undertaken according to the TOR agreed with the Ministry. Public involvement at this stage is an integral part of the process. Public input helps to ensure that important issues are not overlooked when preparing the TOR.
EIA STUDY/IMPACT ANALYSIS
The EIA study or Impact Analysis is the technical heart of the EIA process. It entails:
- identifying more specifically the impacts associated with each phase of the project and the activities undertaken;
- predicting the characteristics i.e. the nature, magnitude, extent and duration of the main impacts; and
- evaluating the significance of the residual impacts i.e. after taking into account how mitigation will reduce a predicted impact.
Impact Identification
Impact identification and prediction are undertaken against an environmental baseline, often delineated by selected indices and indicators. In the Nigerian EIA Decree, a broad definition of “environment” is adopted. The EIA study should therefore include effects on:
• human health and safety;
• flora, fauna, ecosystems and biological diversity;
• soil, water, air, climate and landscape
• use of land, natural resources and raw materials;
• protected areas and designated sites of scientific, historical and cultural significance;
• heritage, recreation and amenity assets; and
• livelihood, lifestyle and wellbeing of those affected by a proposal.
Different methodologies and tools are used for impact identification. The most common methods used are:
Checklists - checklists annotate the environmental features or factors that need to be identified when identifying the impacts of projects and activities. They provide a systemized means of identifying impacts.
Matrices - A matrix is a grid-like table that is used to identify the interaction between project activities which are displayed along one axis and environmental characteristics, which are displayed along the other axis. Using the table environment-project activity interactions are noted in the appropriate cells or intersecting points in the grid. Entries are made in the cells to highlight impact severity or other features related to the nature of the impact.
Networks – Networks illustrate the cause effect relationship of project activities and environmental characteristics. They are therefore useful in identifying and depicting secondary impacts such as indirect and cumulative impacts.
Overlays and Geographic Information Systems (GIS) – Overlays are used to map impacts spatially and are then displayed pictorially. Data on topographic features, ecological values and resource constraints are mapped on to individual transparencies and then aggregated into a composite representation of potential impacts. The GIS is a modern version of the overlay method. GIS stores, retrieves, manipulates and displays environmental data in a spatial format.
Expert systems – Expert or knowledge based systems are computerized systems used to assist diagnosis, problem solving and decision making. It involves the use of a data system which encodes expert knowledge and judgment. The user answers a series of questions that has been systematically developed to identify impacts and determine their ‘mitigability’ and significance.
Professional judgment – Professional judgment or expert opinion is widely used in EIA. This can be focused by the use of interactive methods such as Delphi techniques and science workshops, to identify impacts, model cause effects relationships and establish impact hypothesis.
It is important to note that no single impact identification method is suited to use on all occasions nor is it necessary to use only one method at a time. Different methods may be combined. The choice of method by and large depends on a number of factors.
Impact Characterization
Predicting the characteristics of identified impacts is a technical exercise that utilizes physical, biological, socio-economic and cultural data to estimate the likely characteristics and parameters of impacts. These predictions are usually made against a baseline data on the relevant biophysical, social and economic aspects, which provides a reference point against which the characteristics and parameters of impact related changes are analyzed and evaluated.
The characteristics of environmental impacts vary. Typical parameters to be taken into account in impact prediction include:
- nature (positive/negative, direct/indirect, cumulative);
- magnitude (severe, moderate, low);
- extent/location (area/volume covered, distribution);
- timing (during construction, operation etc, immediate, delayed);
- duration (short term, long term, intermittent, continuous);
- reversibility/irreversibility;
- likelihood (probability, uncertainty); and
- significance (local, regional, global).
Methods for predicting the characteristics of impacts include, professional judgment, quantitative mathematical models, experiments and physical models and case studies.
Impact Significance
In practice impacts are likely to be significant if they:
are extensive over space or time
are extensive in concentration or in relation to assimilative capacity
exceed environmental standards or thresholds
do not comply with environmental policies/land use plans
affect ecological sensitive areas and heritage resources
affect community lifestyle, traditional land uses and values.
The key elements for assessing impact significance include; environmental standards, level of public concern (particularly over health and safety), as well as scientific and professional evidence concerning resource loss/ecological damage, negative social impacts and foreclosure of land and resource use options.
MITIGATION AND IMPACT MANAGEMENT
The purpose of mitigation is to identify measures that safeguard the environment and the community affected by the proposal. Mitigation is the stage of the EIA process when measures are identified to avoid, minimize and remedy impacts. These measures are implemented as part of the process of impact management, together with any necessary adjustments to respond to unforeseen impacts. Mitigation measures must be translated into action in the correct way and at the right time if they are to be successful. A written plan should be prepared for this purpose, and includes a schedule of agreed actions. It translates recommended mitigation and monitoring measures into specific actions that will be carried out by the proponent. A good plan should contain the following:
- summary of the potential impacts of the proposal;
- description of the recommended mitigation measures;
- statement of their compliance with relevant standards;
- allocation of resources and responsibilities for plan implementation;
- schedule of actions to be taken;
- programme for surveillance, monitoring and auditing; and
- contingency plan when impacts are greater than expected.
EIA REPORT/ENVIRONMENTAL IMPACT STATEMENT
The EIA Report or Environmental Impact Statement (EIS) is a statement of the likely impacts of a proposal and how these can be mitigated and managed. It is the approved report of the EIA study that documents the potential impacts of a proposed project and the measures that are to be taken to reduce and remedy them. It contains essential information for:
- the proponent to implement the proposal in an environmentally and socially responsible way;
- the responsible authority to make an informed decision on the proposal, and
- the public to understand the proposal and its likely impact on people and the environment.
An EIA Report contains predictions about the environmental impacts of proposals and recommendations for their mitigation and management. An Environmental Management Plan (EMP) also referred to as an Impact Management Plan, is usually prepared as part of EIA reporting.
Typically the content of the EIA report is prepared in accordance with specific TOR established during the scoping process.
In Nigeria, the information to be included in an EIA report is specified in Annex C of the EIA Procedural Guidelines and includes the following headings and items:
i. Table of Contents
ii. Executive Summary
iii. Acknowledgement
iv. Introduction – background information, administrative and legal framework, TOR
v. Project Justification
vi. Project and/or Process Description
vii. Description of the Environment including data acquisition
viii. Associated and Potential Environmental Impacts
ix. Mitigation Measures/Alternatives
x. Environmental Management Plan
xi. Remediation Plans after Decommissioning/Closure
xii. Conclusions and Recommendations
xiii. Bibliography
xiv. Appendices
The proponent is responsible for submitting at least 15 copies of the draft EIA report to the Federal Ministry of Environment for review. The proceedings of consultations with adjoining communities and other stakeholders held in a public forum are expected to be documented as an appendix to the report.
It is important to note that the EIA report is a decision document, not a compendium of technical information. As such, the EIA report should be complete, easily understood, objective, factual and internally consistent. It should effectively communicate the findings to the public at large, local people affected by the proposal and interest groups as well as the decision makers who are the primary users.
REVIEW PROCESS
The review is undertaken to ensure that the information provided in the EIA Report complies with the TOR and is sufficient for decision making purposes. The key objectives of the EIA review are to:
• assess the adequacy and quality of an EIA Report;
• take account of public comment;
• determine if the information is sufficient for a final decision to be made; and
• identify as necessary, the deficiencies that must be addressed before the report can be submitted.
The review procedures may include; in-house review, panel review, public review and mediation.
The review stage typically provides the main opportunity for public comment on the statement of significant impacts and their mitigation. The public is invited to participate in this review process through newspaper advertisements. The draft EIA report is publicly displayed at venues such as the LGA, State Ministry of Environment or Environmental Protection Agency (EPA) and the Federal Ministry of Environment headquarters for 21 working days.
All issues raised at the review process and answers proffered to them by the proponent are included in the final EIA report.
TECHNICAL COMMITTEE/DECISION MAKING
The Federal Ministry of Environment’s technical committee is the decision making body on approval or disapproval of EIA reports. The committee approves or rejects the proposal and set the terms and conditions under which the project can proceed. The committee also has the option to defer approval. (e.g. until certain conditions are met or to require a proponent to redesign the project so that the environmental effects are minimized).
Factors that are important in the final approval of a proposal include:
• findings of significant impact contained in the EIA report;
• input from economic, social and health appraisals; and
• other external pressures and political inputs to decision making.
PROJECT IMPLEMENTATION AND FOLLOW UP
Following the approval of the project for implementation, a follow up mechanism is incorporated to check on the implementation of the terms and conditions of approval during the construction and operation phases; to monitor the impacts of the project and the effectiveness of mitigation measures; to take any actions necessary to ameliorate problems and as required to undertake audit and evaluation to strengthen future EIA applications. The main methods of follow up practiced in the country include mitigation compliance monitoring and environmental auditing which are carried out prior and post commissioning respectively. During the implementation of the project, the Federal Ministry of Environment monitors the progress of the project from site preparation to commissioning in order to ensure compliance with all stipulated mitigation measures and project specifications.
Environmental auditing involves a periodic assessment of the positive and negative impacts of the project. This is also carried out by the Ministry to help improve the EIA process.
Public Participation
An integral part of the EIA process is the public consultation process. This crucial stage is an ongoing activity of all the aforementioned steps. Public consultation is important because it allows the public to voice its concerns about issues which it feels are relevant to the proposed project or to them. In fact, concerns about a project’s adverse effects on health, well-being and quality of life are most often raised within the public consultation process. Specifically public involvement is a valuable source of information on key impacts, potential mitigation measures and the identification and selection of alternatives. It also ensures that the EIA process is open and transparent.
HISTORY AND EVOLUTION OF EIA
GLOBAL PERSPECTIVE
EIA has evolved significantly over the past 30 years, driven by improvements in law, procedure and methodology. Today EIA is applied in more than 100 countries including Nigeria, by all development banks and most international Aid agencies.
The evolution of EIA can be divided into 4 overlapping phases which include:
• Introduction and Early Development – (1970-1975) – During this period the mandate and foundations of EIA was established in the USA and was then adopted by a few other countries (e.g. Australia, Canada, and New Zealand). The basic concept, procedure and methodology still apply.
• Increasing Scope and Sophistication – (Mid 70’s to early 80’s) – This period was characterized by more advanced techniques, issuance of guidance on process implementation, consideration of social impacts and adoption by more countries including the developing nations of China, Thailand and the Philippines.
• Process Strengthening and Integration – (Early 80’s to early 90’s) – This era witnessed the review of EIA practice and experience; updates of scientific and institutional frameworks of EIA; coordination of EIA with other processes; consideration of cumulative effects, ecosystem-level changes, monitoring and other follow-up mechanisms. Many more countries adopted EIA during this period and the European Community and the World Bank respectively established supra-national and international lending requirements.
• Strategic and Sustainability Orientation – (Early 90’s to date) – The current phase of EIA evolution has entailed the incorporation of EIA aspects in international agreements; increase in international training; capacity building and networking activities; development of Strategic Environmental Assessments (SEA) of policies and plans as well as the inclusion of sustainability concepts and criteria in EIA and SEA practice. EIA is currently applied in all OECD countries and large numbers of developing and transitional countries including NIGERA.
4.2 NATIONAL PERSPECTIVE
EIA is now institutionalized in Nigeria as a statutory requirement for major development projects. EIA started in Nigeria in 1992 by the promulgation of the EIA Decree No. 86 which calls for the prior consideration of the environmental effects of all proposed projects before their approval or authorization.
A number of factors led to the introduction of EIA in Nigeria. Prior to the enactment of the Decree, EIA had been identified as one of the implementation strategies for achieving the set goals and objectives enunciated in the National policy on Environment launched in 1989. In, addition the enactment of the EIA was largely stimulated by growing public concern about the impact of development projects on environment and public health, and the need to ensure sustainable development as stated in the Rio Declaration on Environment and Development.
Since its introduction, EIA has served as an effective programme for protecting the environment while ensuring the adoption of environment friendly measures by development executors as well as promoting the importance of environmental conservation to the public.
EIA has evolved significantly over the past 30 years, driven by improvements in law, procedure and methodology. Today EIA is applied in more than 100 countries including Nigeria, by all development banks and most international Aid agencies.
The evolution of EIA can be divided into 4 overlapping phases which include:
• Introduction and Early Development – (1970-1975) – During this period the mandate and foundations of EIA was established in the USA and was then adopted by a few other countries (e.g. Australia, Canada, and New Zealand). The basic concept, procedure and methodology still apply.
• Increasing Scope and Sophistication – (Mid 70’s to early 80’s) – This period was characterized by more advanced techniques, issuance of guidance on process implementation, consideration of social impacts and adoption by more countries including the developing nations of China, Thailand and the Philippines.
• Process Strengthening and Integration – (Early 80’s to early 90’s) – This era witnessed the review of EIA practice and experience; updates of scientific and institutional frameworks of EIA; coordination of EIA with other processes; consideration of cumulative effects, ecosystem-level changes, monitoring and other follow-up mechanisms. Many more countries adopted EIA during this period and the European Community and the World Bank respectively established supra-national and international lending requirements.
• Strategic and Sustainability Orientation – (Early 90’s to date) – The current phase of EIA evolution has entailed the incorporation of EIA aspects in international agreements; increase in international training; capacity building and networking activities; development of Strategic Environmental Assessments (SEA) of policies and plans as well as the inclusion of sustainability concepts and criteria in EIA and SEA practice. EIA is currently applied in all OECD countries and large numbers of developing and transitional countries including NIGERA.
4.2 NATIONAL PERSPECTIVE
EIA is now institutionalized in Nigeria as a statutory requirement for major development projects. EIA started in Nigeria in 1992 by the promulgation of the EIA Decree No. 86 which calls for the prior consideration of the environmental effects of all proposed projects before their approval or authorization.
A number of factors led to the introduction of EIA in Nigeria. Prior to the enactment of the Decree, EIA had been identified as one of the implementation strategies for achieving the set goals and objectives enunciated in the National policy on Environment launched in 1989. In, addition the enactment of the EIA was largely stimulated by growing public concern about the impact of development projects on environment and public health, and the need to ensure sustainable development as stated in the Rio Declaration on Environment and Development.
Since its introduction, EIA has served as an effective programme for protecting the environment while ensuring the adoption of environment friendly measures by development executors as well as promoting the importance of environmental conservation to the public.
DEFINITION OF EIA (What is EIA?)
Simply put, EIA involves determining any changes or impacts that a project or action will have on our environment – be it positive or negative effects – before that project is carried out in order to prevent irrevocable damage from occurring. Thus EIA has been defined as “a systematic process to identify, predict and evaluate the environmental effects of proposed actions and projects”.
The EIA process:
- is applied before major decisions and commitments are made;
- adopts a broad definition of environment, therefore social, cultural and health effects are considered as an integral part of EIA;
- gives particular attention to preventing, mitigating and offsetting the significant adverse effects of proposed undertakings in EIA practice.
PURPOSE OF EIA (Why do EIA)
The purpose of EIA is to:
• Provide information for decision-making on the environmental consequences of proposed actions; and
• Promote environmentally sound and sustainable development through the identification of appropriate enhancement and mitigation measures.
Sustainable Development is defined as “development that meets the needs of today’s generation without compromising those of future generations”. Reducing the burden of environmental impact is therefore necessary if any development is to become sustainable, hence EIA plays a key role in ensuring sustainability in preventing and minimizing adverse environmental effects of proposed development projects. This role is formally recognized in Principle 17 of the Rio Declaration on Environment and Development which states that “Environmental Impact Assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of competent national authority”.
The EIA process:
- is applied before major decisions and commitments are made;
- adopts a broad definition of environment, therefore social, cultural and health effects are considered as an integral part of EIA;
- gives particular attention to preventing, mitigating and offsetting the significant adverse effects of proposed undertakings in EIA practice.
PURPOSE OF EIA (Why do EIA)
The purpose of EIA is to:
• Provide information for decision-making on the environmental consequences of proposed actions; and
• Promote environmentally sound and sustainable development through the identification of appropriate enhancement and mitigation measures.
Sustainable Development is defined as “development that meets the needs of today’s generation without compromising those of future generations”. Reducing the burden of environmental impact is therefore necessary if any development is to become sustainable, hence EIA plays a key role in ensuring sustainability in preventing and minimizing adverse environmental effects of proposed development projects. This role is formally recognized in Principle 17 of the Rio Declaration on Environment and Development which states that “Environmental Impact Assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of competent national authority”.
ENVIRONMENTAL IMPACT
Over the years, development projects have transformed the physical and social environment in Nigeria, enhanced poverty alleviation and created job and health opportunities. However, many of these projects have negative environmental and health impacts which compromise the sustainability of the projects.
The increasing concern on the negative effects of development projects in most countries of the world including Nigeria, led to the enactment of several legislation, policies and guidelines which have imposed limitations on the discharge of pollutants into the environment and on resource exploitation which invariably pose a threat to the heath, well-being and quality of life of humans. In this regard, Environmental Impact Assessment (EIA) has been applied as a veritable tool to reduce, mitigate or ameliorate adverse environmental effects of such projects.
Since its inception in the early 1970’s EIA has become an effective decision making tool to assist decision makers in ensuring the integration of economic development and important environmental issues. EIA is a tried and tested instrument for analyzing the effects of development proposals on the environment and to mitigate their potential adverse effects.
The goal of this course therefore, is to develop the knowledge and skills of Environmental Health Officers (EHOs) for EIA good practice. The course gives an overview of EIA. It introduces the concept of EIA, outlines its history, placing it within the current framework of sustainable development and discusses:
• the what, why, and how of EIA;
• the role of stakeholders, most especially the beneficiary community; and
• The legal implications of EIA.
Emphasis is given to the aspect of EIA study and the Environmental Impact Study (EIS). The introduction of Health Impact Assessment as an integral part of EIA is discussed as a separate topic.
The increasing concern on the negative effects of development projects in most countries of the world including Nigeria, led to the enactment of several legislation, policies and guidelines which have imposed limitations on the discharge of pollutants into the environment and on resource exploitation which invariably pose a threat to the heath, well-being and quality of life of humans. In this regard, Environmental Impact Assessment (EIA) has been applied as a veritable tool to reduce, mitigate or ameliorate adverse environmental effects of such projects.
Since its inception in the early 1970’s EIA has become an effective decision making tool to assist decision makers in ensuring the integration of economic development and important environmental issues. EIA is a tried and tested instrument for analyzing the effects of development proposals on the environment and to mitigate their potential adverse effects.
The goal of this course therefore, is to develop the knowledge and skills of Environmental Health Officers (EHOs) for EIA good practice. The course gives an overview of EIA. It introduces the concept of EIA, outlines its history, placing it within the current framework of sustainable development and discusses:
• the what, why, and how of EIA;
• the role of stakeholders, most especially the beneficiary community; and
• The legal implications of EIA.
Emphasis is given to the aspect of EIA study and the Environmental Impact Study (EIS). The introduction of Health Impact Assessment as an integral part of EIA is discussed as a separate topic.
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