12. EEIA post-evaluation and monitoring - ULisboa · pro forma exercise. ... (compliance and impact monitoring). 2. ... EIA Post-evaluation activities •monitoring -programme of

Environmental Impacts @ MRPartidário1

Prof. Doutora Maria do Rosário Partidário

EIA post evaluation

Environmental Impacts

Environmental Impacts @ MRPartidário

Key bibliography


Environmental assessment and planning cycle

(Storey, 1995: 310)


EIA POST-EVALUATION

It is the stage in EIA that more closely follows thelogic of Environmental Management Systems

Decree-Law no. 151-B/2013, of October 31, as amended by Decree-Law no. 47/2014, of March 24

«Post-evaluation» – process conducted after DIA is issued, includes monitoring programmes and auditing

(…)”DIA - Declaração Impacte Ambiental (Environmental

Impacts Declaration)


SCREENING

SCOPING

EIS PREPARATION

REVIEW

DECISION

POST-EVALUATION I

POST-EVALUATION II

EIA post-evaluationobjectives

• Assess the response of the environmental system to project effects;

• Assure projects environmental surveillance and check the effectiveness of environmental managements measures adopted, and decide on the need for further and more effective measures;

• Verify and analyse the effectiveness of the mitigation measures and the environmental management as laid out in the EIS and DIA to avoid, reduce, or compensate the negative impacts and stimulate the positive impacts;

• Verify impacts when there was uncertainty;

• Verify unexpected impacts; and

• Improve knowledge - learn about impacts for certain categories of projects in certain locations.


What Is EIA Follow-Up?

EIA follow-up can be simply defined as the monitoring and evaluation of the impacts of a project or plan (that has been subject to EIA) for management of, and communication about, the environmental performance of that project or plan (Morrison-Saunders and Arts 2004).

Follow-up is essential for determining the outcomes of EIA. By incorporating feedback into the EIA process, follow-up enables learning from experience to occur. It can and should occur in any EIA system to prevent EIA being just a pro forma exercise.


What Is EIA Follow-Up?EIA follow-up comprises four elements (Arts et al., 2001):

1. Monitoring – the collection of activity and environmental data both before (baseline monitoring) and after activity implementation (compliance and impact monitoring).2. Evaluation – the appraisal of the conformance with standards, predictions or expectations as well as the environmental performance of the activity.3. Management – making decisions and taking appropriate action in response to issues arising from monitoring and evaluation activities.4. Communication – informing the stakeholders about the results of EIA follow-up in order to provide feedback on project/plan implementation as well as feedback on EIA processes.


EIA Post-evaluationactivities

• monitoring - programme of systematic observation, measurement and registry actions, which is the proponent responsibility; should be conducted as established in the DIA, or in the EIS.

• auditing, is the objective and independent verification of conformity of the oberved practice in relation to expected predictions, or quality patterns and procedures, which is the responsibility of the EIA Authority.


Monitoringobjectives

• Monitor (measure) the response of the environmental system to the effects of the project;

• Verify the nature and magnitude of the expected impacts

• Verify the effectiveness of adopted mitigation and environmental management measures and the fulfilment of conditions laid out in the DIA;

• Use results of monitoring to quantify mitigation measures.


MonitoringPlanning

• monitoring places, including sampling and controlling points,

• monitoring frequency,• monitoring indicators, and parameters,• data collection and storage methods per disciplines,

data analysis and presentation; and• necessary resources and costs.


Is not the same but is related to State of the

Environment monitoring

e.g. INAG Water Quality National network (Rede Nacional de Qualidade

da Água)

EIA POST-EVALUATION


Auditing

• Engages verification of a system of registriesthat result from a monitoring programme.

• Performed by designated auditors (In portugaldesignated by the EIA Authority).

• As far as possible is value judgement free.


1. Post-evaluation for verification of conformity of the Execution Project with DIA, when DIA was issued, and the EIS was prepared for the Previous Studies or pre-project phase

2. General post-evaluation, that includes monitoring and auditing everywhere in the world

EIA POST-EVALUATIONThe specific case of Portugal


1. Post-evaluation for verification of conformity of the Execution Project with DIA

RECAPE - Relatório de Conformidade Ambiental do Projecto de Execução com a DIA

Report on the Environmental Conformity of the Execution Project with DIA



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Screening

Scoping

EIS preparation

Review

Decision - DIA

Post-evaluation


Review

Decision - DIA

EIS in Execution Project phase

Construction


Post-evaluation


RECAPE

EIS in Previous Studies or pre-project phase


Review

Decision - DIA

Review of RECAPE

Decision

Construction


Post-evaluation


Monitoring Report

Objective: document and present the results of monitoring

Timing of the report is established in DIA

It should follow the Monitoring Plan esyablished in DIA or RECAPE


I – Introductiona. Identification and monitoring objectives;b. Scope (environmental factors, spatial and time limits for monitoring);c. Legal framework;d. Struture of monitoring report;e. Technical authorship.II – Backgrounda) Reference to EIS, DIA, and Monitoring Plan in RECAPE, previous MR

and previous decisions of the EIA authority;b) References to the adoption of measures to prevent or reduce impacts

that are being monitored. Timing for the adoption of such measures inrelation to monitoring;

c) References to possible claims or conflicts concerning theenvironmental factors that are being monitored.

Monitoring Report structure


III – Description of Monitoring Programmes (for each environmentalfactor)

a) Measurements and registry parameters. Sampling places,measurement and registry;

b) Data collection methods and equipment;c) Data treatment methods,d) Data relationship with the characteristics of the project and

with the environmental context;e) Data evaluation criteria.

Monitoring Report structure (cont.)


Monitoring Report structure (cont.)

IV – Results of Monitoring Programmes (for each environmentalfactor)

a) Results obtained;b) Discussion, interpretation and evaluation of results in face of the criteria

defined;c) Effectiveness assessment of the adopted measures to prevent or reduce the

impacts that are the object of monitoring;d) Comparison of EIA predictions, including, when aplicable, the validation and

calibration of prediction models.

V – Conclusions

VI – Annexes


SIR and IPPC/PCHA

• In Portugalo IPPC (Integrated Prevention Pollution Control –

DL127/2013)o HAPC (Hazardeous Accidents Prevention and

Control) DL 274/2007, modified by DL 42/2014)Is undertaken in the context of the SIR

(responsible industrial system (DL 169/2012)


SIR applies to industrial activities (referred to in annex I).SIR classifies industrial in 3 types, a function of its potential risk considering its exploration, for human health and for the environment :Type 1 – industrial projects which fall under one od the following regimes RJAIA (environmental impact assessment), RJPCIP (Integrated Prevention Pollution Control ) e RPAG (Hazardeous Accidents Prevention and Control))

SIR


Type 2 – industrial establishments not included in type 1 but covered by at least one of the regimes previously mentioned and under the following circunstances: a) Eletric power equal or above 99 kVA;B Thermical power above 12 × 106 kJ/h;c) number of employees above 20;d) Need for TEGEE (emission of GEE allowance)e) Need to get permission or opinion for waste management

Type 3 – not covered by Types 1 and 2

SIR


Environmental liability(Responsabilidade ambiental)

(http://ec.europa.eu/environment/legal/liability/index.htm)

Directive 2004/35/EC of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage

(ELD)

Establishes a framework based on the "polluter pays" principle, according to which the polluter pays when environmental damage

occurs.

The ELD deals with the "pure ecological damage", it is based on the powers and duties of public authorities ("administrative approach"),

distinct from a civil liability system which is more appropriate for "traditional damage" (damage to property, economic loss, personal

injury).


Environmental liability(http://ec.europa.eu/environment/legal/liability/index.htm)

The transposition of ELD was completed by the last Member State by July 2010.

Environmental damage is defined as damage to protected species and habitats (nature), damage to water and

damage to soil.

The liable party is the natural or legal person who carries out an occupational activity.


Environmental liabilityIn Portugal Decree-Law n.º 147/2008, 29 July, modified

by DL 245/2009, DL 29-A/2011, and DL n.º 60/2012transposes the Environmental Liability Directive

(Diploma da Responsabilidade Ambiental)

http://www.apambiente.pt/Instrumentos/ResponsabilidadeAmbiental/Paginas/default.aspx

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