EPA Environmental Impact Assessment Procedures for Projects KWESI OWUSU SEKYERE

Outline of PresentationWhat is EIAIntroduction to Ghana EIA RegistrationScreeningPreliminary Environmental AssessmentScopingEnvironmental Impact StudyPublic HearingAppealsFees

What is EIAIt a formal process to predict environmental consequences of a proposed development projectBalance assessment of effects on the environment; written analysis that describes and details the probable and possible effects of a proposed project on the natural environmentIt is a means for understanding the potential effects that human action especially technological may have on the natural environment It has two main rolesLegaleducational

EIAIt is interdisciplinary and its purpose is to inform decision-makers and affected public about the impacts of the proposalFind means of avoiding, preserving, and minimizing impactsIdentifying and assessing alternatives It is a tool for assisting environmental management and for contributing to sustainable development

1. introductionThe EPA environmental procedures are logical, systematic and formal procedures introduced in June 1995.It is backed by law; the EPA Act 490, 1994 and L.I. 1652, 1999The procedure involves:RegistrationScreeningPreliminary Environmental AssessmentScopingEIA studyReviews and Public HearingsAppealsPayment of Fees

2.Registration Registration is the process of purchasing or obtaining the appropriate form from the agency, filling and submission, together with relevant documents such as site plan, blockplan, fire report etc.

The responsibility of registering an investment /development / undertaking lies with the proponent. However the agency has the right to inform any defaulting developer to register.

The agency acknowledges receipt of the registration form and communicates back to the proponent

Registration contdWhy registerTo ensure compliance with the Environmental Assessment regulations, L.I.1652

To enable the agency assess the potential environmental impacts of the proposed undertaking and offer advice accordingly.

3.Screening

Screening determines the level of Environmental Assessment for a proposed project, thus whether a proposed project should be subjected to PEA, EIA or not.

The process involves:visits to the proposed project sites to verify information provided in the registration form

Consultation with the relevant stakeholders within the likely area of influence of the proposed project

Screening contdThe key issues to be considered during screening :Zoning status (proposed Landuse)The size and output of the proposal in relation to the locationThe project type to predict potential significant impacts Scale of impacts to determine significanceConcerns of the general publicConsider the possible cumulative (synergistic or antagonistic) effects of other projects in close proximity

Screening contd

Other factors relevant to the proposed project

The screening output is a screening report which decides on one of the following:

Approval given for the proposal to proceedObjection to the proposal and therefore cannot proceedAdditional information / clarification requiredPreliminary Environmental Assessment requiredEnvironmental Impact Assessment required

4.PreliminaryEnvironmental Assessment (PEA)PEA is required for small to medium impact scale projects, eg. Estate developments, hotels etc.

The findings of a PEA are compiled into a Preliminary Environmental Report (PER). The PER is expected to provide adequate information on the proposed project.

The PEA is done by the proponent, and twelve (12) copies of the report are submitted to the agency for review by a Technical Review Committee (TRC).

An environmental permit may be issued.

5.Scoping Scoping becomes necessary or is required when the screening decision on the environmental assessment indicates that the proposed project requires EIA or SEA as the basis for consideration for Environmental Permit.

What is Scoping?Scoping is a systematic process that determines the boundary limits of the EIA study.

The main objective of a scoping exercise is to:Identify, predict all potential environmental and socio-economic impacts and then narrow down to the most critical and relevant key issues

Scoping contdWhy scoping?Scoping is done to ensure that the EIA / SEA focuses on the key issues for decision making

Scoping allows the generation and collation of relevant field data, baseline data or information and other materials to avoid incurring unnecessary cost

It identifies impact sources and impact recipients

Scoping facilitates the identification / consultation with all relevant stakeholders (public, special interest groups) to provide the opportunity for good review scheme

Scoping contdScoping provides background research on the proposed project and determines the professional mix of the study team

The scoping exercise creates public awareness and allows for wide range of participation

Scoping notices should be advertised in the media, community etc

The ultimate of the scoping process is to generate the required Terms of Reference (ToR) that will guide the EIA study

Scoping contdHow is scoping done?The scoping exercise combines the following issues:Desktop information / literature review

Survey / visits to the proposed sites and alternatives (visits to similar sites)

Determination of the potential area of project influence

Meetings with the public/communities / relevant stakeholders, NGOs etc The scoping exercise will give an indication of the cost of the EIA. It is undertaken by a team of consultants employed by the proponent

Scoping contdOutput of ScopingA scoping report is produce to include the ff:

Description of proposed project indicating the justification

Description of potential impacts, consultation process

Proposed ToR for the EIA study

Ten (10) copies of the report submitted to the Agency for review

Outcome on report should be communicated to proponent within 25 days of receipt of the report

Scoping contdContents of ToR to include the ff: (Reg.12, L.I. 1652)

A detailed description of the proposed project

An analysis of the need for the proposed project (justification)

Alternatives to the proposed site

Site selection (justification)

Relevant information on potential impacts

Potential impacts on public health

Proposed mitigation measures

Scoping contdMonitoring plan for potential impacts and proposed mitigation measures

Contingency plans to address unpredicted environmental impacts

Comprehensive consultation list

Relevant materials eg. Maps, plans, pictures, etc that will facilitate comprehension of the EIS

Provisional Environmental Management Plan

Proposals for compensation package

Whether any area outside Ghana is likely to be affected

SCREENING25 WDEIA - ENVIRONMENTAL IMPACT ASSESSMNET EA - ENVIRONMENTAL ASSESSMENTEIS - ENVIRONMENTAL IMPACT STATEMENT EP - ENVIRONMENTAL PERMITPER - PRELIMINARY ENVIRONMENTAL REPORTPEA - PRELIMINARY ENVIRONMENTAL ASSESSMENTPH - PUBLIC HEARINGWD - WORKING DAYS REQUIRED FOR REVIEWEIA RequiredNo EIA RequiredEP ISSUEDGhana EIA Procedures

6. EIA studyThe information gathered during the EIA study is complied into a document known as the Environmental Impact Statement (EIS). The format of the EIS should include:Executive summary

IntroductionProject objectivesBackground informationPurpose of the studyConsideration of alternatives

Project descriptionPre-construction phaseConstructional phaseOperational phase

EIA study contdBaseline information on existing environment

Identification and Assessment of potential environmental impactsPre-constructionConstructionalOperationalMitigation measures

EIA study contdMonitoring programme

Provisional EMP

Consultation Decommissioning plan

Conclusion

EIA study contdProponent submits 12 hard copies of draft EIS for review and comments communicated back

Proponent submits 8 hard cover copies and a compact disc of final EIS to the Agency

Environmental permit issued

Environmental permit valid for 18 months

EIA study contdAn Environmental Permit is always issued with a schedule of conditions, including the following key requirements:

Project type, location, contact person, date issued

Notice of commencement of operation

Proposed Pollution abatement measures, stating guidelines

Notice to submit Annual Environmental Report and EMP

Notice to obtain other relevant permits, licences,etc, applicable to the sector

Notice to obtain Environmental Certificate

List of relevant institutions served with copies of the permit

Ghana EIA ProceduresPUBLIC HEARING(Panel)EIA - ENVIRONMENTAL IMPACT ASSESSMNET EA - ENVIRONMENTAL ASSESSMENTEIS - ENVIRONMENTAL IMPACT STATEMENT EP - ENVIRONMENTAL PERMITPER - PRELIMINARY ENVIRONMENTAL REPORTPEA - PRELIMINARY ENVIRONMENTAL ASSESSMENTPH - PUBLIC HEARINGWD - WORKING DAYS REQUIRED FOR REVIEWRevision Required Approval Recommended Approval Recommended

7. Public Hearing (PH)PH (Reg.17, L.I. 1652) becomes necessary when any of the following issues become critical:

There appears to be great adverse public reaction to the commencement of the proposed project after public notices (recent case - southern Fried chicken- Cantonments )

The proposed project will involve the dislocation, relocation or resettlement of communities

When the agency considers that the proposed project could have extensive and far reaching effect on the environment

Public Hearing contdConditions for the PHNot less than 3 persons and not more than 5 persons on the panel

At least a third of the panel members shall be residents of the geographical area

The chairman of the panel shall be appointed by the Agency from among the members but shall not be resident of the geographical area

The panel shall submit to the agency its findings, recommendations within a period of not less than 15 days from the date it starts hearing representations

Public Hearing contdPre PH : Sensitization by making available all reports to the public, publication in the daily papers, relevant Dist. AssembliesChoose an appropriate location, ensure securityForm a panel of 3 or 5 members; one third of panel members should be residents of the geographical areaDuring the PHThe EPA would have to guide and advise on all issuesSubmission by representatives of identified groupsRecord proceedings, findings and recommendations

Public Hearing (PH) contdNB. It is the obligation of the proponent to organize the activity; but in consultation with the agency. The proponent takes care of all financial implication

Post PHThe panel shall make its report to the agency within 15daysThe agency would input the findings and recommendation into the technical reviewForward comments to the proponent or developer of the project to be incorporated into the draft EIS.

Benefits and Challenges of a PHBenefitsRelevant stakeholders, communities and the general public would be well informed.Inputs of all stakeholders and communities would be taken into consideration

Challenges The perception of a PHThe screening of issues?If not well controlled it could take a whole day without achieving the goal of the activity.

8. AppealsAn appeal becomes necessary when a proponent is dissatisfied with a decision taken by the agency

The proponent can then appeal to the sector minister (Reg. 27, L.I. 1652). The aggrieved proponent has 30 days to do that.

The appeal made to the minister will have to indicate the following: States the issues objected toAttach a copy of the decision letter objected toAll other relevant documents necessary for consideration

Appeals contd

The minister then shall within 14 days appoint a panel: Composition of Ministers panel:

Representation from the sector ministry not below the rank of a DIRECTOR

Representation from the Attorney-Generals department not below the rank of a SENIOR STATE ATTORNEY

Appeals contdThe ministry with responsibility for the project

Two persons (experts) with specialization in the field of the proposed project

The panel shall have 60 days from date of reference to submit a report to the Minister

The panel shall forward copies of its proceedings to the Agency and relevant ministry

9. Fees By law: L.I. 1703, a proponent shall pay two fees for its registered project.

Processing fees (non-refundable): paid before site verification visit/ screening decision/ scoping report submission

Environmental Permit fee: paid after project has been approved or before collection of environmental permit

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