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.