Env. Compliance Monitoring 5

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ENVIRONMENTAL COMPLIANCEMONITORING IN THE EIA PROCESS

Delivered byDr.(Mrs) Ngeri S. Benebo,JP

DG/CEO NESREA

At the workshop on ¶Environmental Impact Assessment (EIA)Review Process·

Chelsea Hotel, Abuja16th ² 17th September 2010

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PRESENTATION OUTLINE

Background Stages of Monitoring

NESREA role in the EIA process

Challenges in EIA Compliance

Monitoring Way forward

Conclusion

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Background (1)

Environmental issues and problems are a global concern and

they impact heavily upon every individual and community in

both rich and poor countries;

Environmental policy and management concerns over the

past three decades have been increasing in scope and

complexity. Regarded as a problem closely linked to

development issues, environment has been the focus of

numerous international conferences beginning with the 1972

Stockholm United Nations Conference on HumanEnvironment;

Concerns about curbing environmental pollution have made

way for a comprehensive linking of development strategies

and activities to environmental management; 4



Background (II)

The United Nations Conference on Sustainable Development(UNCED) dubbed the Earth Summit in Rio de Janeiro,

Brazil in 1992, is the adoption of Agenda 21, a blueprint of

environmental principles, policies and actions required to be

taken by all countries into the 21st Century. A keysupporting Instrument of Agenda 21 was the Rio Declaration

on the Environment;

set of principles to guide environmental conduct. Principle 17

of the declaration states inter alia, ´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 a competent national authority.µ 5



Background (III)

Definitions

Environmental Compliance Monitoring is a process of

oversight designed to determine conformity with

environmental legal mandates, regulations, lease

stipulations and conditions of approval.

Environmental Compliance Monitoring employs a periodic

sampling method, or continuous recording of specific

environmental quality indicators or pollution levels to

ensure project compliance with recommended

environmental protection standards. The Environmental Impact Assessment (EIA) was evolved

globally as a tool for achieving the purpose of

environmental compliance monitoring to achieve

sustainable development;6



Background (IV) Unlike other environmental laws, EIA is proactive in nature

and meant to prevent, reduce or mitigate negative effects of developmental projects or activities on the environment

before such projects / activities commence;

Prior to the concept of EIA project appraisal was limitedmainly to feasibility studies and economic-cost benefit

analysis which did not take environmental costs, public

opinion, social and environmental impacts of development

project into consideration;

Most developing countries have incorporated EIA into their

national laws as well as pollution control regulations but

lack the monitoring capabilities necessary to enforce them

consistently; 7



Background (V)

In Nigeria the EIA Act No. 86 was enacted in 1992, intandem with the global trends aimed at safeguarding the

environment from negative impact of human activities;

EIA is mandatory where the proposed projects or activities

are likely to cause significant impacts on the environment; EIA is an important tool for incorporating environmental

concerns at the project level;

EIA is carried out as part of feasibility studies early in the

project planning stage, to ensure that the project is

environmentally feasible;

Without an appropriate environmental compliance

monitoring of the EIA process, ensuring sustainabledevelopment would be rendered ineffective.



Stages of Monitoring (I)

Baseline Monitoring: a survey conducted on basic environmental

parameters in the area surrounding the proposed project before

construction begins (pre-audit study). Subsequent monitoring can

assess the changes in those parameters over time against the

baseline.Impact Monitoring: the biophysical and socio-economical (including

public health) parameters within the project area measured during

the project construction and operational phases in order to detect

environmental changes, which may have occurred as a result of

project implementation.

Compliance Monitoring: this form of monitoring employs a periodic

sampling method or continuous recording of specific environmental

quality indicators or pollution levels to ensure project compliance

with recommended environmental protection standards. 9



Stages of Monitoring (II) Environmental monitoring is an essential component of an

EIA. It is normally carried out before and during planning toestablish baseline data needed for environmental assessmentand evaluating environmental impacts during projectimplementation.

It continues through project operation to detect changes in the

key environmental quality parameters, which can be attributedto the project.

The results of the monitoring program are used to evaluate thefollowing:

extent and severity of the environmental impacts againstthe predicted impacts;

performance of the environmental protection measuresor compliance with pertinent laws and regulations;

trends in impacts; and

overall effectiveness of the project EMP.

Environmental monitoring should have clear objectives.10



Stages of Monitoring (III)

The major output of EIA for a proposed project is the report, whichincludes Environmental Management Plan and the issuance of theEnvironmental Impact Statement (EIS)

Environmental management involves the implementation of environmental protection and mitigation measures and

monitoring of significant environmental impacts.

Environmental protection measures as set out in an EMP, are to:

mitigate environmental impacts;

provide in-kind compensation for lost environmental resources;

or enhance environmental resources.

The EMP also cover a proposal for recommending the proposedproject to use goods and products that are environmentallyfriendly

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Stages of Monitoring (IV)

The environmental monitoring plan describes themonitoring activities to ensure that adverseenvironmental impacts will be minimized, and the EMPimplemented.

The environmental monitoring plan will cover selectedparameters to indicate the level of environmentalimpacts.

It also describes how, when, and where the monitoringactivities will be undertaken; who will carry them out;and who should receive the monitoring report.

More importantly, it includes a proposal to carry out

environmental compliance monitoring activities. 12



Stages of Monitoring (V)

Since the EIA concept is relatively recent, the use of

environmental audits also play a significant role in evolving

a systematic approach of the application of EIA.

Auditing refers to the examination and assessment of acertain type of performance. In the case of an EIA, an audit

assess the actual environmental impact, the accuracy of

prediction, the effectiveness of environmental impact

mitigation and enhancement measures, as well as thefunctioning of monitoring mechanisms.

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Stages of Monitoring (VI)

The following types of audit are recommended to beimplemented in different phases of the EIA process:

Decision Point Audit examines the effectiveness of EIA as a decision-making tool;

Implementation Audit ensures that approved

conditions have been met;

Performance Audit examines the responses of agencies concerned with project management;

Project Impact Audit examines environmental

changes arising from project implementation; Predictive Technique Audit examines the accuracy

and utility of predictive techniques by comparingactual against predicted environmental effects; and

EIA Procedures Audit critically examines the

methods and approach adopted during the EIA study 14



Stages of Monitoring VII

Not all the audit types are required to be implemented inevery EIA process. However, at the project approval stage,

both project proponent and authorizing agency should

consider whether the application of a particular audit

technique is likely to result in any new information or animprovement in the management practices.

Particular attention should be given to the project cost-

effectiveness of the proposed audit and to technical

difficulties that are likely to be encountered.

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Stages of Monitoring (VIII)

Environmental auditing should compare monitoring results

with information generated during the pre-project period.

Comparisons can be made with similar projects or againststandard norms.

Relating actual impacts with predicted impacts help in

evaluating the accuracy and adequacy of EIA predictions.

Environmental Audit should be carried out upon the

completion of project construction and after 2 years of project

operation and subsequently in in line with the EIS16



Stages of Monitoring (IX) Environmental Impact Statements are reports that outline

the predicted environmental effects of a particular action or

project. These statements are often important inenvironmental regulation and litigation.

Environmental Impact Statements (EIS) of a necessary or

projected activity highlights the significant environmental

ramifications of the project, describing alternative actionsand also include where no action is to be taken.

It should among others consider:

the positive and negative environmental effects of the

proposed compliance action.

direct and indirect effects of the project

interference with other activities

energy and resource requirements

preservation of urban, historic and cultural quality

ways to minimize damage17



Stages of Monitoring (X)

An EIS acts as an enforcement mechanism to ensure thatthe proponent adheres to the goals and policies outlined

in the EIA Act.

An EIS typically has four sections:

1. An Introduction including a statement of the

Purpose and Need of the Proposed Action;

2. A description of the Affected Environment;

3. A Range of Alternatives to the proposed action; Alternatives are considered the "heart" of the EIS;

4. An analysis of the environmental impacts of each

of the possible alternatives;

5. The selection of the preferred alternative. 18



The New Institutional Mechanism for

Environmental Compliance And Enforcement

In Nigeria (I) In Nigeria, the defunct Federal Environmental Protection

Agency (FEPA) was established in 1988 with the overall

responsibility for biodiversity conservation and

sustainable development of Nigeria·s ecosystem.

In 1999 the Agency was merged with other relevant

Departments in other Ministries to form the Federal

Ministry of Environment. This created a vacuum in the

effective enforcement of environmental laws, standardsand regulations in the country. The environment suffered

greatly from the pollution activities since there was no

appropriate mechanism to enforce the EIA Act;

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The New Institutional Mechanism For

Environmental Compliance Monitoring And

Enforcement (II) The National Environmental Standards and RegulationsEnforcement Agency (NESREA), an Agency of the FederalMinistry of Environment is now the new institutionalmechanism to enforce compliance with laws, guidelines,policies and standards on environmental matters

The NESREA Act specifically mandates her among others,to:

a) ensure that environmental projects funded by Donor

Organisations and External Support Agencies adhered

to regulations in environmental safety and protection;and

b) Conduct environmental audit and establish data bank on

regulatory and enforcement mechanisms of

environmental standards other than in the oil and gas

sector. 20



The New Institutional Mechanism For

Environmental Compliance Monitoring And

Enforcement (III)

Milestones of NESREA :

In order to effectively carry-out her statutory role, the

Agency has developed five Regulations that have directrequirement for the conduct of EIA and EA;

These regulations have made it mandatory for all

industries to prepare EMP with appropriate guidelines

as well as conduct of Environmental Audit and submit

to the Agency for review and certification of compliance

status.

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NESREA Role In The EIA Process

NESREA role in the EIA process is the monitoring of the elements

of the EIS to ensure compliance with the recommendations.

If it is an old facility where there is no EIS, the Agency mandates

such to produce an Environmental Audit Report which will now

help in following up on the environmental compliance status.

NESREA follows-up by her routine monitoring to ensure that thefacilities comply. Such follow-up programs include:

Monitoring the elements of the EIS;

Ensuring conduction of Environmental Audits (EA) of

facilities;

Ensuring that the EMP is complied with.

NESREA is also to be involved in the EIA process as one of the

major stakeholders in order to assist her in her future compliance

monitoring activities and to offer relevant advice based on her

field experiences.22



Challenges of Compliance Monitoring of the

EIA Process (I)

Over time NESREA has been facing a lot of challengesin the enforcement of the EIA Act some of which are:

The Agency is not involved in the EIA review process, this

inhibits her from making appropriate input to the

document for the issuance of EIS and for effective follow-

up;

The Federal Ministry of Environment do not forward their

EIS to the Agency resulting into the request for it fromfacilities during routine compliance monitoring activities.

This prevents the enforcement of the provisions of the

EIA Act;

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Challenges of Compliance Monitoring of the EIA Process (II)

Scientifically sound approach to forecasting environmentaleffects in line with current global trends are not used in the

EIA studies;

Impact predictions formulated are not tested, in most cases

resulting in many inaccurate predictions in EIA processes;

The EIA Act is not in tune with current global trends since it

was last reviewed in 1992 considering the dynamism of

environmental issues.

Most Companies do not conduct EIA before embarking on

new projects; Inadequate capacity in the interpretation of environmental

impact and the knowledge of current global trends on new

technology .

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Way Forward

In order to ensure sustainable development in Nigeria through

environmental compliance monitoring and enforcement of theprovisions of the EIA Act, there is need to :

Improve the synergy between the Agency and the FederalMinistry of Environment. This will ensure betterinformation exchange and enhance compliance with the EIA

Act. Ensure that the Federal Ministry of Environment forwards

all EIS to the Agency for monitoring;

Ensure good education and training of environmentalconsultants and monitoring/enforcement officers on current

global trends in new technology to improve the predictabilityof the EIA; and

Review the EIA Act with a view to updating it in line withcurrent global trends since it was reviewed last in 1992.

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Conclusion

There is no gain saying that Nigeria in her quest to join theleague of developed countries, will have many developmental

projects and many construction activities.

It is therefore necessary to ensure sustainable development

in order to mitigate the negative impacts of development

projects on the environment and the health of the citizenry

and avoid the mistakes of the developed countries.

It is important for every stakeholder to cooperate with theFederal Ministry of Environment and NESREA to ensure

that all reported cases without EIA are brought to the

attention of relevant authority towards achieving

sustainable development. 26



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THANK YOU

« ensuring a cleaner and healthier environment f or N igerians« ensuring a cleaner and healthier environment f or N igerians

NESREA NESREA

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Env. Compliance Monitoring 5