TEST OF PAPER PRESENTED AT AN IN-HOUSE ENVIRONMENTAL SUSTAINABILITY WORKSHOP FOR LAFARGE WAPCO EMPLOYEES

Lasisi Adedoyin K.S (MNES,MICCON) Research and Development Unit, Sanitation Services Department, Office of Environmental Services, Ministry of the Environment e-mail: ladedoyin@yahoo.com,ladedoyin.blogspot.com Phone no: 234-8028476147

EIA regulatory framework in Nigeria

The Koko Waste story
The Creation of FEPA by decree 58 of 1988 (now absorbed into the

Federal Ministry of Environment (FMENV) The passing of the EIA Act No. 86 of 1992 (formally decree) was a direct response to the outcome of the UN conference held in Rio de Janeiro. Studies carried out by FEPA resulted in the production of sets of EIA procedural guidelines and five sectoral guidelines in five major sectors of the economy.

WHAT IS ESHIA ?

Environmental Social & Health Impact Assessment EIA, SIA and HIA a PROCESS for decision-making, NOT a formula for preparing a document.

WHAT IS ESHIA?
The Environmental Social and Health Impact Assessment (ESHIA) process is an interdisciplinary and multistep procedure to ensure that environmental, social and health considerations are included in decisions regarding projects that may impact the environment. Simply defined, the ESHIA process helps identify the possible environmental effects of a proposed activity and how those impacts can be mitigated.

What is the purpose of ESHIA ?

To allow government officials, business leaders, and all concerned citizens to understand the likely environmental consequences of proposed actions, and to cooperate in making wise decisions that restore and maintain the quality of our shared environment for future generations.
R. B. Smythe

National Procedural Guidelines

The vital link between EIA legislation and its implementation is a set of procedural guideline- the 1995 EIA procedural guideline. Project proposal Initial Environmental Examination (IEE) Screening Scoping (Vetting of TOR) EIA study Review Decision making Monitoring Auditing (post-commissioning impact assessment/ see appendix 1 FMENV EIA Management Procedure

THE CRITICAL STEPS INVOLVED IN THE ESHIA PROCESS

(1) PROJECT SCREENING: to determine whether or not an ESHIA is
(2)

(3)
(4) (5) (6) (7) (8) (9) (10)

necessary. The action here is hinged upon the question of the significance of its environmental impacts. SCOPING: to identify the nature of the proposed project, the breadth of the EIA to be done, the extent of likely impacts and possible alternatives. Description of the ecological and Socio-economic baseline of project area Identification, Evaluation and Assessment of Impacts Mitigation strategies of Impacts Public Participation and consultation Public Display of EIA report Panel review or public of EIA report EIS (Environmental Impact Statement) Issuance Impact Mitigation monitoring

Qualifying projects
Nigeria adopt a system for upfront environmental

screening and classification of projects to indicates the level of analysis appropriate to a given project (see annexure 2) checklist for the categorization of projects in EIA

Parties involved in ESHIA

Proponent: Private Sector or Government

Consultants: ERM, etc.) Consultants (Rosebank RH,

Government Agencies: EIA authority (FMENV, NEMA, NEMC, NIMOS), proprietary and regulatory authorities Public Stakeholders: affected communities, NGOs, general public Universities, Research Institutions

Dealing with stakeholders

The Environmental Impact Assessment Act No 86 of 1992 (now EIA Act Cap E 12LFN)provide legal basis for public participation and consultation in the environmental impact assessment process. Section 7 and 22 (3) of the Act stipulates that government agencies, members of the public experts, in any relevant discipline and interested groups should be given opportunity to examine and comment on the EIA of a proposed project (whether it is a screening report or mandatory report) before the agency (FEMENV) take a decision on it.

Benefit of Stakeholders Involvement in EIA

Helps the EIA address relevant issues including those perceived as being important by other sectoral agencies, public bodies, local communities, affected groups and others,

Helps to harness traditional knowledge which conventional approaches often overlook,

Helps to improve information flows between proponents and different stakeholders group, improving the understanding and ownership of a project Enables project proponents to better respond to different stakeholders need, Help identify important environmental characteristics or mitigation opportunities that might be overlooked, Helps ensure that the magnitude and significance of impacts has been properly assessed, and Improves the acceptability and quality of mitigation and monitoring process. Some potential cost of insufficient public involvement in the EIA process. Conflicts can emerge between levels of government, or between governmental agencies, Failure to gain local support

Benefit of Stakeholders Involvement in EIA (Contd.)

Risk of marginalizing potential valuable contributors to the decision

making process Failure to tailor projects to local needs and priorities Lack of accountability which can lead to ineffective or inefficient working practices and corruption, Failure to draw on local expertise and energy which represent a potential lost opportunity for making a good project even better. Weak or failed communication which can create divisions within local communities and can breed resentment between local communities and project proponents; The overlooking or ignoring of important, and often locally- specific social, environmental and health impacts in project design; Reliance on interventions by outside experts, limiting the learning of new possibilities by local stakeholders; Inability to prevent project benefits accruing to only a small number of influential beneficiaries (ODA, 1996).

What is Evaluated & Why

Reference to applicable legislative, regulatory and policy frameworks;
Description of the proposal and how it will be implemented

(construction, operation and decommissioning); Comparison of the proposal and the alternatives to it (including the no action alternative); Description of the project setting, including the relationship to other proposals, current land-uses and relevant policies and plans for the area; Description of baseline conditions and trends (biophysical, socioeconomic etc), identifying any changes anticipated prior to project implementation; Review of the public consultation process, the views and concerns expressed by stakeholders and the way these have been taken into account;

What is Evaluated & Why (Contd.)

Consideration of the main impacts (positive and adverse) that are

identified as likely to result from the proposal, their predicted characteristics (e.g. magnitude, occurrence, timing, etc.) proposed mitigation measures, the residual effects and any uncertainties and limitations of data and analysis;

Evaluation of the significance of the residual impacts, preferably for

each alternative, with an identification of the best practicable environmental option;

mitigation and monitoring measures will be translated into specific actions as part of impact management ; and of methods used to collect and analyse data, list of references, etc.

An Environmental Management Plan that identifies how proposed

Appendices containing supporting technical information, description

Identification of Impacts
The most common formal methods used for impact identification are: Checklists; Matrices; Networks; Overlays and geographic information systems (GIS); Expert systems; and Professional judgment Ways to predict impacts:
Professional judgment
Quantitative mathematical models Experiments, physical models Case studies

Proposing Mitigation Measures

Mitigation should:

Give preference to avoidance and preventative measures Consider feasible alternatives to the proposal Identify customised measures to minimise each major impact Ensure they are appropriate and cost-effective

Use compensation as a last resort of mitigation Mitigation can be carried out by: Structural measures, such as design or location changes, engineering modifications and landscape or site treatment; and non-structural measures, such as economic incentives, legal, institutional and policy instruments, provision of community services and training and capacity building.

Key to successful EIA

1.
2.

3.

4.

EIA must be undertaken EARLY in the development of proposed projects, plans, and programs, and must be completed BEFORE a decision to proceed is made. EIA must be an OBJECTIVE, IMPARTIAL analytical process, not a way of promoting or selling a proposal to decisionmakersit must use accepted scientific principles and methods EIA must analyze all REASONABLY FORESEEABLE environmental impacts or effects of a proposed action effects may be short-term, long-term, direct, or indirect. The process of EIA must be OPEN to government officials at all levels, to potential stakeholders (those with direct interests in the proposed action), and to the PUBLIC.

Key to successful EIA

5.

6. 7. 8.

There must be an early, public SCOPING stage in EIA to consider ALTERNATIVES and to help focus subsequent analysis on the MORE SIGNIFICANT potential impacts rather than studying all possible environmental effectsthe GOAL is to reach a decision. Government officials responsible for implementing EIA must ENCOURAGE (not just tolerate) PUBLIC PARTICIPATION in the process from the scoping stage forward. In all EIA processes, effective MITIGATION MEASURES must be identified and includedto avoid, minimize, or reduce the adverse effects of all potentially significant impacts. EIA reports must include an ENVIRONMENTAL MANAGEMENT SYSTEM (EMS) or Action Plan to MONITOR the implementation phase of the project, plan, or program and provide for CORRECTIVE actionssuch action plans must have assured FUNDING and be legally enforceable.

EIA reports
In accordance with EIA guidelines, EIA report should basically include the following: Acknowledgement EIA preparer and their roles List of abbreviations and acronyms Table of content 1. Executive summary 2. Introduction 3. Project justification 4. Project description 5. Description of the environment 6. Associated and potential impact 7. Mitigation Measures and Alternatives 8. Environmental Management Plan 9. Decommissioning 10. Conclusion and recommendations Appendices

REVIEW OF EIA REPORT AND FINAL APPROVAL

This is are: In-house review Panel review (Sitting may be public) Public review- an elaborate display of the report for 21 working days at appropriate display venues chosen by the ministry for the convenience of the relevant public stakeholders and communities. Through newspaper advertisement, the ministry may invite the interested groups/persons to participate. Mediation ( as necessary and or appropriate)

Post EIA evaluation

Typically, the responsibility for EIA implementation and follow-up activities will be divided among different agencies and individuals, e.g.
the competent authority usually oversees the implementation of the

terms and conditions of approval; the proponent (often through sub-contractors) normally carries out the scheduled activities, such as site clearance and preparation, construction and environmental management; the environmental or regulatory agency usually inspects mitigation measures, reviews monitoring data and verifies compliance and effectiveness; and the public can have a formal role in environmental monitoring and audit, e.g. where a stakeholder or community review committee is in place. In other cases, there may be provision for public disclosure of monitoring and audit reports and opportunities for informal review and comment.

Cost and benefit of ESHIA process

For the Proponent Improve the project Meet environmental requirements Reduce costs
For Government Ensure proper development Help implement national environmental action policies and plan For the public Contribute their knowledge and values to project decisions Get access to environmental and socio-economic information

Other benefits
Potentially screens out environmentally-unsound projects
- Proposes modified designs to reduce environmental impacts - Identifies feasible alternatives - Predicts significant adverse impacts - Identifies mitigation measures to reduce, offset, or eliminate

major impacts - Engages and informs potentially affected communities and individuals - Influences decision-making and the development of terms and conditions

Difference between EIA and SEA

EIA is focusing on the mitigation of impacts, SEA on maintaining a

chosen level of environmental quality.

Strategic Environmental

Assessment (SEA) is used to describe the process of evaluating the likely environmental consequences of a proposal plan or programme which has the potential to significantly affected the environment before it is approved.

Impact Predication -Cement Manufacturing Plants

Prediction of Impacts and Evaluation of Significant Environmental Effects Basic Methodology Landtake Construction Works Economic Impacts During Construction Economic Impacts During Operation Dust Gaseous Emissions to Air Emissions to Water Waste Disposal Noise Traffic Services and Infrastructure Risk Assessment

Mitigation Measures-Cement Manufacturing Plants

Land quality measures include: Stabilization works for cuttings,

embankments and open channels, Erosion and sedimentation control structures (e.g. wind barriers) Landscaping and re-vegetation proposals, Water quality- control and treatment of effluents Air quality- control of stack emission, control of klim operation and fugitive emissions Noise-control from plant Habitat, flora and fauna measures- compensatory planting, provision of new appropriate habitat Management of construction impacts Public awareness and training Indicator of compliance with licensing and approval.

Thank you very much!