Public Participation: Environmental Impact Assessment (EIA .
9/5/2012National Environmental Policy Act (NEPA)Regulations, Guidelines, Experience Establishes National Environmental Policyy Establishes Administrative Procedures forFederal Agencies to assess/consider impacts Creates Council on Environmental Qualityy(CEQ)21
9/5/2012Declares National Policy (Title 1, Section 101) to:(1) Use all practicable means and measures for: ProductivePd ti hharmony bbetweentman andd naturetRequirements of present/future generationsWidest range of beneficial usesEnhance renewable recycle depletablePreserve : historic, cultural and natural heritage(2) Coordinate plans/functions/programs/ resources(3) Each person should both enjoy and beresponsible for preservation and enhancement ofthe environment3 NEPA (Section 102)(2)(c): Directs federalagencies to prepare publicly available"detailed statement" with every proposal forlegislation or major Federal action significantlyaffecting the human environment Statements must include: Environmental impacts of proposed actionUnavoidable adverse impacts of proposalAltAlternativestitot theth proposedd actiontiRelationship between local short-term uses versus maintenanceand enhancements of long-term productivity Irreversible/irretrievable commitments of resources42
9/5/2012Other Laws Affecting US EIA Administrative Procedure Act (APA) Public Notice and CommentPublic information requests:10 days to decide/ 20 days for appealsJudicial Review: for legal wrong/adverse impact of Federal action Section 309 of the Clean Air Act of 1970 EPA independent review and comment: written and public EPA Administrator refers to CEQ any legislation, federal action, orregulation unsatisfactory: public health or environmental quality Memorandum of Agreement between CEQ and EPA EPA responsible for notice of availability of EIS In Federal RegisterEPA receives, tracks EIS’s and manages EIS filing systemEnvironmental ImpactStatement (EIS)Proposed Federalactions potentiallyposing significantimpactNEPA, Section 102EIS thresholdEnvironmental Assessment(EA) requiredAssess to decidea) EISb) Finding NoSignificant Impactc) WithdrawCategorical ExclusionsIndividually orCumulatively no potentialfor significant impact/Case by case assess forextraordinarycircumstancesCEQ Regulations: CriteriaFederal Agency Rulemaking 63
9/5/2012Small proportion of federal actions requirean Environmental Impact StatementEIS’sEnvironmental Impact Statements (EIS’s)(Environmental Impact Assessment)About 5-600 annuallyEAsEnvironmental Assessments (EA’s)(Initial Environmental Impact Assessment)About 50,000 annuallyCategorical ExclusionsCategoricalExclusions7 NEPA affects private parties only when there is aFederal ‘handle” on a pproposedppprivate action e.g.g Permits, licenses, grants, loans, use of Federal land or resources Private Sector Proponents: Submit environmental documentation along with applications May carry out public participation/consultation separate or with Agency May enter into third party agreement with Federal Agency to hire acontractor to prepare an EIS with Federal Agency technical direction Do not prepare decision documents, EIS or write permit/other conditions Each Federal agency is responsible but: Involves all agencies across government with jurisdiction and expertise Mandates independent review by U.S. EPA Provides oversight and both formal and informal conflict resolution by theCouncil on Environmental Quality in Executive Offices of the President84
9/5/2012U.S. Environmental Impact AssessmentProposed Agency ActionCategorical ExclusionEnvironmental Assessment (EA)NoexclusionSignificant impactNo significant impactExclusion appliesEnvironmental Impact Assessment(EIS)Finding of No Significant Impact(FONSI)Notice of IntentScoping ProcessDraft EISAgency and Public ReviewFinal EISRecord of DecisionImplementation of Agency Action Developing specific legislative authority and regulations Issuance of a finding of no significant impact for an EA Notice of Intent to pursue a proposed action and to developan EIS Scoping of reasonable alternatives, relevant stakeholders,and issues of concern required for EIS’s Review of a draft EIS Wait period – after the final EIS Review of an agency’s record of decision Monitoring and evaluation process105
9/5/2012 Make diligent effort to involve the public inpreparing/implementing NEPA*NEPA Provide public notice to agencies and the publicmeetings/hearings/availability\documentsHold or sponsor public hearings or meetings if substantialenvironmental controversy or requestSolicit information and comments from the public, especiallypersons or organizations who might be interested or affectedExplain where persons can get information or status reportsHave a minimum 45 day comment period on draft EIS’sEnsure public availability of public, agencies, EPA comments* 40 CFR 1506.611 Public involvement before decisions are madeAgency cannot issue a decision on a proposed actionuntil 90 days after notice of filing of a Draft EIS 30 days after notice of filing of a Final EIShas elapsed since the publication of EPA’s notice of availability in theFederal Register of filing an EIS with EPA Accurate scientific analysis, expert agencycomments,coe s, aandd pubpublicc scscrutinyu y Documents concentrate on truly significant issuesrather than amassing needless detail.* 40 CFR 1500.1 (b)126
9/5/2012:Action with National Concern: By mail on requestP bli ti iin thPublicationthe FFederald lRRegisteri tNotice by mail to national organizations reasonably expected to be interestedActions with primarily local concerns: Nine suggestions Notice to State and area-wide clearinghousesNotice to Indian TribesFollow State’s public notice procedures for comparable actionsPublish in local newspapers (general circulation rather than legal papers)Notice through local mediaPosting on and off site where action is to be locatedDirect mail to owners and occupants of nearby or affected propertyPublish in newsletters expected to reach potentially interested personsNotice to potentially interested community organizations including smallbusiness associations* 40 CFR 1506.6 (b)13 Federal agencies shall “involve environmental agencies,ppand the ppublic to the extent ppracticable” ((1501.4 (b))( ))applicants EA process is flexible in format and timing, but mustinclude: Publicly available document Assessment of Impacts Consideration of Alternatives particularly where there are unresolvedconflicts concerning alternative uses of resources List of agencies and persons consultedconsulted– but not formal comment orscoping Mitigation if impacts would potentially be significant without mitigation(1508.9)147
9/5/2012 Finding of No Significant Impact (FONSI) is a decisiondocument supporting a determination that an action will not resultin significant impacts. The FONSI must include the EA or a summary of it, andcommit to mitigation measures needed to reduce impacts belowsignificance thresholds. FONSIs must be: Circulated to affected public; or Made available for review for 30 daysy priorpto makingg decisionwhen: Action usually requires an EIS Action is without precedent15Environmental Impact Statements (EIS)formal requirements/less discretionThe EIS development process must include: Notice of intent published in advance of work on an EIS Scoping all potentially affected parties* Commenting by federal agencies with jurisdiction/expertise Draft EIS to public/stakeholders: 45 days for comment Final EIS to public/stakeholders: 30 days forcomment Referral of EIS to CEQ and President for disputepresolution* Legislative proposals do not require scoping for EIS process168
9/5/2012 Lead agency prepares a Record of Decision(ROD) States decision Identifies alternatives considered, environmentallypreferable mitigation measures all practicable were adopted or whynot commits to a monitoring and enforcement program ROD is a public document (i.e.(i e be available forpublic review), but it need not be circulated forreview.17 Lead agencies shall: (1506.3) Include conditions in grants,grants permits or other approvals Condition funding of actions on mitigation monitoring requirements under specific Agency laws (such asthe National Forest Management Act 36CFR 219)Upon request: Inform cooperating or commenting agencies on progress make available to the public the results of relevant monitoring.189
9/5/2012Each Federal agencyshall make achievingenvironmental justicepart of its mission byidentifying andaddressingdisproportionately highand adverse humanhealth or environmentaleffects of its programs,policies, and activities onminority populations andlow income populationsi thinthe UUnitedit d StStatest .Executive Order 12898,Federal Actions to AddressEnvironmental Justice inMinority Populations andLow-Income Populations(1994)Identifying Factors for Assessing DisproportionateIImpactst on MiMinorityit andd Low-IncomeLIPPopulationsl tiProximity and ExposureCumulative ImpactsPhysical In frastructureSusceptible PopulationsUnique Exposure PathwaysAbility to Particip ate in DecisionMaking (social capital)*Also, looking into Psycho-Social Stress1998 US Institute for Environmental Conflict Resolution2005 CEQ/OMB Memorandum Conflict prevention & resolutionUse of neutralsLeadership – department and agency policyIncorporation of principlesMechanisms & strategiesAccountability – performance evaluationOther resources EPA: CPRC/ Superfund Community GrantsDOI: CADRNational Roster and private practitionersState dispute resolution programsProfessional associations (ACR, ABA)University-based programs and research2010
9/5/2012New Tools can help the public identify theirinterests: NEPAssist: Overview21September 5, 20122211
9/5/2012 New or continuing activities financed,assisted, conducted or approved byfederal agencies, for example:And whether:-- Permits, licenses, approvals Connected-- Grants-- Loans Cumulative LegislativeLegislati e proposals 15081508.1818 (a) Similar New/revised rules, regulations,plans, policies or procedures1508.18 (b)(1)Office of Chemical Safety and Pollution Prevention 23Combination of small group meetings, openhhouses,andd facilitatedf ilit t d townthallh ll publicbli meetings:tiNuclear Regulatory Commission reactor license renewal andearly site permit program Procedures for involving the diverse interests thatrepresent the community affected by a proposedprojectDepartment of Interior, ESM03-7, Procedures forImplementing Consensus-Based Management in AgencyPlanning and Operations, (July 2, 2003):2412
9/5/2012Consult Stakeholders (4.38(b)(3) ) Consultation process 90 days; proponent/stakeholderagreement can shorten to 30 days via Commission waiver Identify all relevant federal and state agencies, tribes,NGOs, and interested parties of proposal Document all three stages of the consultation process: At least one joint meeting with stakeholders within 30 to 60 days of requesting a license explain project information, potential environmentaleffects To find information gaps/study needs. stakeholders/public consulted on schedule/agenda Site visit usual in conjunction with the joint meeting Inform Commission no less than 15 days before Promptly share transcript/audio recording /written notes Comments within 60 days for recommended studies FERC dispute resolution role on information/studies Public comment on the draft application includingresponse to comments and study resultssee: Joint Agency Meeting Notice , Joint Meeting Newspaper Noticeand Consultation Checklist25 Community Outreach StrategyGoal - to establish and maintain two-way, open communicationbetween the study team and community members, includingminority and low-incomelow income populationspopulations. Actions: 52 Pre-scoping “Listening Tours”Initial scoping meetings/written comment period;Published reports on websiteDesignation of community liaisonsFour Public hearings17 Station Area Advisory Committees (SAAC’s)Citizens' Advisory CouncilSpeaker's Bureau Meetings/NeighborhoodEvents/Community/CMeetings Open House Public Meetings with notes on website Newsletters in English and non-English versions Study Area Resource Hubs and designated liaisonsfor specific communitiesSeptember 5, 20122613
9/5/2012DESIGN LANDSCAPED LIDS ANDESGREEN SPACETRANSIT COONTRUCBICYCLE STTiOONWALKChanging definitions of Health TransportationSeptember 5, 201227September 5, 2012281) Reduce construction-related pollution2) Increase traffic management3) ProvidePro ide for constructionconstr ction noise control1)Increase/improve transit service to meet/attract demand--moreriders, and reduce air pollution2) Connected walking and bicycling facilities throughout3) Create a common way-finding system1) Include six landscaped freeway lids2) Use landscaping materials throughout the SR 520 corridor,along adjacenttrails and roadways and at transit stopspand ppreserve the integrityg y of the WashingtongPark3)) ImproveArboretum, andthe ability of visitors to enjoy it and other green spaces andnaturals areas4) Preserve access to the waterfront for water-related activities1) Reduce noise throughout the corridor2) Add art/design for adjacent communities’ character3) Utilize innovative storm water management practices14
9/5/2012 Interdisciplinary and Mitigation Development TeamsInterstate Highway example Community Benefits Agreements, separate butenforceable Los Angeles Airport Example Coalition for Economic, Environmental and Educational Justice approximately 22 community, educational, religious, environmental,and labor organizations. represents the interests of low-incomelow income and minority populationslocated near Airport. Agreement provides to communities that would be impacted by theimplementation of the Los Angeles International Airport (LAX) environmental mitigation programs jobs-related benefitsSeptember 5, 2012 The National Environmental Policy Act (NEPA)creates a Federal Government responsibilitypy that affectsprivate project proponent actions.Public Participation requirements: 29Transparency and public access to informationDue diligence in engaging the public/stakeholdersAll categories of environmental review, all project stagesEnvironmental Justice: attention to vulnerable populationsEnvironmentalEit l ConflictC fli t ResolutionRl tiBest practices evolving, need push, need timeDeadlines/Streamlining forcing greater efficiencySeptember 5, 20123015
9/5/2012Questions?QOffice of Chemical Safety and Pollution Prevention3116
Environmental Impact Statements (EIS’s) Small proportion of federal actions require an Environmental Impact Statement EIS’s Environmental Assessments (EA’s) (Initial Environmental Impact Assessment) About 50,000 annually (Environmental Impact Assessment) About 5-600 annually EAs 7 Categorical ExclusionsCategorical Exclusions
A. (2005). Introduction to Environmental Impact Assessment (3rd Ed), pp 125-155. [4] International Environmental Law and Policy Consultant with the Canadian Institute for Environmental, Law and Policy-CIELAP. [5] Jay, S. Jones, C. Slinn, P. and Wood, C. (2007). Environmental Impact Assessment: Retrospect and prospect.
impact assessment (s.27) and (par.51(1)c) Meaningful public participation based on principles that are defined in the Interim Context: Public Participation under the Impact Assessment Act Enhanced Canadian Impact Assessment Registry to provide greater access to information, including rationale for decisions (s.104-108)
1.2 Social impact assessment as part of environmental impact assessment 7 1.3 Principles to guide social impact assessment and potential benefits 10 2 Community engagement for social impact assessment 11 2.1 Engagement objectives for social impact assessment 12 2.2 Who to engage 13 2.3 How to engage 13
REGULATORY BASIS OF ENVIRONMENTAL IMPACT ASSESSMENT CURRENT ENVIRONMENTAL STATUS METHODOLOGICAL ASPECTS OF ENVIRONMENTAL AND SOCIO-ECONOMIC IMPACT ASSESSMENT . Vassilevskaya T.P. Key Specialist of Socio-Economic Issues and Legislation Analysis Department (participation in preparing Sections 1-6 of the Methodology) Mariposa Company .
EPHIA European Policy Health Impact Assessment EU European Union ExIA Extended impact assessment HIA Health impact assessment HiAP Health in All Policies IA Impact assessment IAIA International Association for Impact Assessment IDB Inter-American Development Bank IFC International Finance Corporation
IAP2 Core Values for the practice of public participation 1. Public participation is based on the belief that those who are affected by a decision have a right to be involved in the decision-making process. 2. Public participation includes the promise that the public's contribution will influence the decision. 3. Public participation promotes .
What are environmental health impacts? 6 What is an EHIA? 7 Why conduct an EHIA? 9 EHIA in the Policy Context 10 EHIA in the Assessment Context 11 Understanding Environmental Impact Assessment Procedures in South Africa 12 Who conducts an Environmental Impact Assessment and an EHIA 13 PART 2: THE STAGES IN
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