epa guidelines eis 2002

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Guidelines on the information

to be contained inEnvironmentalImpact Statements


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GUIDELINES ON THE

INFORMATIONTO BE CONTAINED IN

ENVIRONMENTAL IMPACTSTATEMENTS

Prepared On Behalf of:

The Environmental Protection Agency (EPA)

By

CAAS Environmental Services Ltd.6 Merrion Square

Dublin 2

March 2002

Environmental Protection AgencyAn Ghnomhaireacht um Chaomhn Comhshaoil

P.O. Box 3000, Johnstown Castle Estate, Co. Wexford, Ireland.Telephone : +353-53-60600 Fax : +353-53-60699

e-mail: [email protected] Website: www.epa.ie


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Environmental Protection Agency 2002

Parts of this publication may be reproduced without further permission, provided the sourceis acknowledged.

Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Environmental ProtectionAgency nor the author(s) accept any responsibility whatsoever for loss or damage occasionedor claimed to have been occasioned, in part or in full, as a consequence of any person acting,or refraining from acting, as a result of a matter contained in this publication.

Guidelines on the informationto be contained in

Environmental Impact Statements

Published by the Environmental Protection Agency, Ireland.

ISBN1 84095 085 4Price 13.00

04/02/1,000


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iii

T ABLE OF CONTENTS

Table of Contents

ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vGUIDELINES ON THE INFORMATION TO BE CONTAINED INENVIRONMENTAL IMPACT STATEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viENVIRONMENTAL IMPACT ASSESSMENT (EIA) LEGISLATIVE CONTEXT . . . . . . . . . . . . . . . . . . .viii1. PRELIMINARIES AND GENERAL METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.2 Basic Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.3 Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.4 Scoping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.5 Consultation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21.6 The Structure of the Environmental Impact Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21.7 Alternative EIS Formats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1.7.1 Direct Format Structure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31.7.2 Grouped Format Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

1.8 Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42. PRINCIPLES AND PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72.2 Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

2.2.1 Pursuing Preventative Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72.2.2 Informing the Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72.2.3 Maintain Environmental Focus and Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72.2.4 Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

2.3 Roles of Participants in Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82.3.1 The Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82.3.2 Designers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92.3.3 Environmental Specialists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92.3.4 Competent Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

2.3.5 Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3.6 Non Governmental Organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3.7 The Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

2.4 EIA Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.4.1 Impartiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.4.2 Health & Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122.4.3 Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122.4.4 Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132.4.5 Scoping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132.4.6 Availability of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132.4.7 Appropriate Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13


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iv G UIDELINES FOR E NVIRONMENTAL IMPACT S TATEMENTS

3. GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153.1 EIA Stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

3.1.1 Screening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153.1.2 Scoping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153.1.3 On-going Scoping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163.1.4 Conditions and Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

3.2 EIS Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163.2.1 Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173.2.2 Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173.2.3 Description of the Proposed Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173.2.4 Description of the Existing Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193.2.5 Description of the Likely Significant Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

3.2.6 Description of Mitigation Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .263.2.7 Non-Technical Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

4. GLOSSARY OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .295. GLOSSARY OF IMPACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33


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v

A CKNOWLEDGEMENTS

ACKNOWLEDGEMENTSThe preparation of these Advice Notes has been a collective task from the outset. The main drafts of the Advi

Notes, first published in 1995, were examined by an Advisory/Working Group who met the consulting team onnumber of occasions throughout the entire process to offer comments. We gratefully acknowledge the assistanceoffered by:

Advisory/Working Group:Iain MacleanKen Macken EPAGerry Byrne EPATadhg OMahony EPABrian Archer, Consultant Gable HoldingsDavid Jeffrey TCD/An TaisceJoe Wall, Kilkenny County CouncilEoghan Brangan Department of the Environment and Local GovernmentFrank Gallagher Department of the Environment and Local Government

The listings below acknowledge those who took the time and trouble to offer valuable advice, comments anconstructive criticism on the many drafts of the Guidelines.

Board Members of the EPA Louth County CouncilMayo County Council

Department of Arts, Heritage, Gaeltacht Meath County Counciland the Islands Monaghan County CouncilDepartment of Enterprise, Trade & Employment North Tipperary County CouncilDepartment of Health and Children Offaly County CouncilDepartment of Public Enterprise Roscommon County Council

Department of the Environment Sligo Borough Counciland Local Government Sligo County CouncilDepartment of the Marine and Natural Resources South Dublin County CouncilDepartment of Tourism, Sport and Recreation South Tipperary County CouncilDchas - The Heritage Service Waterford City Council

Waterford County CouncilCarlow County Council Westmeath County CouncilCavan County Council Wexford Borough CouncilClare County Council Wexford County CouncilClonmel Borough Council Wicklow County CouncilCork City CouncilCork County Council An Bord PleanlaDonegal County Council An igeDrogheda Borough Council An TaisceDublin City Council BadgerwatchDun Laoghaire Rathdown County Council Birdwatch IrelandFingal County Council Bord FilteGalway City Council Bord na Mna Environmental Division and FuelsGalway County Council DivisionKerry County Council Central Fisheries BoardKildare County Council CIEKilkenny Borough Council Clean Technology CentreKilkenny County Council Coastwatch EuropeLaois County Council Coillte TeorantaLeitrim County Council Construction Industry FederationLimerick City Council Cork Environmental AllianceLimerick County Council Council for the Protection of Irish Heritage ObjectsLongford County Council CRH


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vi G UIDELINES FOR E NVIRONMENTAL IMPACT S TATEMENTS

Discovery ProgrammeEarthwatchEircomEirtricityEnvirocentreE-Power Ltd.ESB Group Health, Safetyand Environment DivisionFinsa Forest Products Ltd.GCI Ltd.GEMRUGenetic ConcernGeological Survey of IrelandGlanbia FoodsGV Power Ltd.Health & Safety AuthorityIBECInstitute of Engineers of IrelandInstitute of Geologists of IrelandIrish Energy CentreIrish Georgian SocietyIrish Industry for Sustainable DevelopmentIrish Landscape InstituteIrish Peatland Conservation CouncilIrish Planning InstituteIrish Underwater Archaeological Research TeamIrish Wildlife TrustIrish Wind Energy AssociationIWAIKeep Ireland OpenKirk McClure MortonLickey Concern GroupMarine InstituteMC OSullivan EngineersMeehan Brian & AssociatesMining Heritage Trust of Ireland National Roads AuthorityOPWRadiological Protection Institute of IrelandRoyal Irish AcademyRoyal Town Planning InstituteSalmon Research Agency of IrelandShannon Development CompanySherkin Island Marine StationTeagascThe Heritage CouncilTree Council of IrelandUCC Coastal Resources CentreUCD Department of Archaeologand Environmental Research Institute

Viridan Energy Supply Ltd.VOICE


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vii

INTRODUCTION

GUIDELINES ON THE INFORMATION TO BE CONTAINEDIN ENVIRONMENTAL IMPACT STATEMENTS

The 1992 Environmental Protection Agency Act The Guidelines address a wide range of project types(Section 72) provides for the preparation by the and potential environmental issues. It must beEnvironmental Protection Agency of guidelines on stressed that all of these issues are unlikely to applythe information to be contained in an Environmental to every project. Each Environmental ImpactImpact Statement. The Act further provides that Statement is a unique result of specific site issuesthose preparing and evaluating Environmental interacting with the effects of the proposedImpact Statements shall have regard to such development.guidelines.

From time to time the Agency intends to publishThe Guidelines have been prepared following wide Advice Notes on Current Practice in the preparationconsultation with the benefit of a number of years in of Environmental Impact Statements. These contain

circulation as 'Draft Guidelines'. Experience has greater detail on many of the topics covered by theshown that the quality (sufficiency and relevance) of Guidelines as well as information on the likely rangethe information in EISs is closely related to the of impacts from certain classes of projects.methods and procedures employed by the

participants . For this reason additional guidance has been provided to address the process that gives riseto the information contained in an EIS.

At all times the Agency has attempted to stress thatEIA is a practical and dynamic process of environmental protection. The specialist studies and professional evaluations used for EIA should principally aim to anticipate and avoid impacts.Thegreatest value occurs when the site/route is beingselected and while the project is still being designed;it is first and foremost a process. Ideally the resultantEIS is a document that records this process - showinghow environmental consideration helped the projectto achieve the most sustainable and least disruptiveintegration with the local environment.

The Guidelines have been drafted with the primaryobjective of improving the quality of EnvironmentalImpact Statements in Ireland. Quality improvementswill result from better scoping and a closer

integration of EIA into both the design anddevelopment control processes.

The Guidelines will help to provide developers,competent authorities and the public at large with a basis for determining the adequacy of EnvironmentalImpact Statements, within the context of establisheddevelopment consent procedures. They will also provide a focus for scoping between the partiesconcerned . A consensus should provide all partieswith the confidence to rely on concise Statementswhich are focused on the likely significant impacts.This will reduce the time, effort and expenserequired to prepare and evaluate EnvironmentalImpact Statements and should facilitate public participation in the EIA process.


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viii G UIDELINES FOR E NVIRONMENTAL IMPACT S TATEMENTS

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)LEGISLATIVE CONTEXT

EIA requirements derive from EuropeanCommunities Directive 85/337/EEC (as amended byDirective 97/11/EC) on the assessment of the effectsof certain public and private projects on theenvironment. The primary objective of the EIADirective is to ensure that projects which are likely tohave significant effects on the environment aresubject to an assessment of their likely impacts.

The approach adopted in the Directive is that EIA ismandatory for all Annex I projects on the basis that

these project classes will always have significantenvironmental effects. Thresholds are specified inrespect of most project types in the Annex.

In the case of Annex II projects, Member States mustdetermine on a case-by-case basis or on the basis of thresholds or other criteria (such as site sensitivity),or a combination of both approaches, whether or nota project should be subject to EIA.

In addition to transposing the mandatoryrequirements which apply to Annex 1 projects,Ireland choose to set thresholds for each of the project classes in Annex II. In setting thesethresholds, account was taken of the relevantcircumstances in Ireland, including the generalnature, size and location of projects and thecondition of the receiving environment. Thethresholds were then set at levels which distinguish between those projects which, by virtue of their nature, size or location, would be likely to have asignificant effect on the environment and thosewhich would not.

In addition, Irish implementing legislation1

addresses the possible need for EIA below thespecified thresholds. In summary, these require thecarrying out of EIA where the competent authorityconsiders that a development would be likely to havesignificant effects on the environment. Specificallyin the case of sub-threshold development onspecified conservation sites, the competent authorityis required formally to decide whether or not a project would or would not be likely to havesignificant effects on the environment. These provisions were introduced to address keyrequirements in relation to "nature, size andlocation" referred to in article 2 of the Directive (asamended).

Each consent system e.g. planning, roads/motorway construction is governed by separate legislation.

Additionally, two international conventions in the heritage area, which make specific reference to EIA, have beenratified in Ireland (i.e. the Council of Europe 1992 European Convention on the Protection of the ArchaeologicalHeritage (revised) and the United Nations 1992 Convention on Biological Diversity).

In the light of the approach adopted by Irelandinrelation to Annex II projects, there should be only alimited need for EIA below the thresholdsspecified.

The Irish EIA system implements the EUDirectivethrough the integration of its requirements intotheland-use planning consent system and severalother

development consent systems covering, for example,foreshore development, roads/motorwayconstruction, light rail systems and the laying of

1

2


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2 G UIDELINES FOR E NVIRONMENTAL IMPACT S TATEMENTS

Proposed Development

Examine the Impacts on the Environment

Significant Likely Positive, ResidualAdverse Impacts or No Impacts

Propose Mitigation FinaliseMeasures Design

Incorporate Revisions Apply forinto Design Development Consent

Figure 1 Environmental Impact Assessment

development, such as the Heritage Council, An process. Successful consultation for EIA isTaisce or the Irish Wildbird Conservancy.Where methodical and focused; it typically addresses threerelevant aspects of the environment are likely to betopics:-significantly affected, then the views of suchorganisations can be sought at an early stage. Scoping to determine the issues and concerns which

need to be evaluated and the methods to be used for Sensitive receptors such as neighbouring that evaluation.landowners, local communities or other parties likelyto be affected are usually identified. In many Impacts and Mitigation are proposed and discussedinstances it can be helpful to obtain their views or to determine the likely acceptability of the residualhear any concerns which they might express. effects.

The importance of scoping cannot be over Alternatives are sometimes examined duringemphasised . It can help to avoid delays caused by consultation to ensure that the options that are of requests for additional information. It also provides interest to all parties are evaluated, particularlyan opportunity for the exchange of views at an early topics such as site/route suitability.stage when there is still flexibility in the design of

the development. Ultimately it helps to increase For EIA purposes most consultation takes place withconfidence in the outcome of the process. The EPA the competent authority, specialist agencies andadvice notes on Current Practice provides useful those parties that are most likely to be directly preliminary information that may be of assistance to affected.all parties during scoping, particularly for projecttypes and topics. Public consultation is used principally where the

affected population is likely to be very large and/or 1.5 CONSULTATION difficult to identify. To be of value such consultation

must have a sufficient time allocation and beexpertly

From the outset it is important to distinguish structured to ensure clarity and consistency. between EIA related consultation which gathersinformation and the exercise of consensus 1.6 THE STRUCTURE OF THE building, or canvassing for project support, which ENVIRONMENTAL IMPACToften accompanies applications for permission. STATEMENTIdeally these two activities should be kept separate.


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Consultation forms a key element of any EIA To assist assessment and increase clarity, the


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1 P RELIMINARIES AND GENERAL METHODS

e.g . "Fauna:- Because of the inner city location of the development and the lack of any natural

habitats (or roosting sites) no significant or likely

impacts on natural fauna are anticipated.

Accordingly this EIS contains no further

description of existing fauna, impacts on fauna,

mitigation or monitoring proposals for fauna" .

the Measures to Mitigate Adverse Impacts;1.7 ALTERNATIVE EIS FORMATS

The above information may be organised in anumber of different ways. Generally two types of EIS structure are commonly used. Both are equally

valid.

1.7.1 DIRECT FORMAT STRUCTURE

An EIS is prepared that directly follows thesequence

of the Regulations, i.e. separate descriptions are provided of the proposed development, existingenvironment, impacts and mitigation measures.Within each description there is a section on therelevant topics set out in the Regulations (e.g.Impacts on Human Beings, Fauna, Flora, Soil etc.).

The advantages of this approach are that it facilitatesa comprehensive understanding of the project,environment, impacts and mitigation measures; it isvery useful for competent authorities or the public because all of the mitigation measures or impacts

aregrouped together . The main disadvantages are that itleads to repetition, the descriptions of impactswithout mitigation measures can be viewed astheoretical and to follow a single topic (e.g. air), thereader must consult three different chapters.

Though technically desirable this format inevitablyleads to repetition. As a result good editing andcross-referencing are very important. Sub-consultants review and comment on the final editedtext.

1.7.2 GROUPED FORMAT STRUCTURE

An EIS is prepared in a format which examines eachtopic as a separate section referring to the existingenvironment, the proposed development, impactsand mitigation measures (e.g. flora and the proposed

development, flora in the existing environment,impacts on flora, etc.).

Environmental Impact Statement should besystematically organised(See Figure 2) to providesections describing:-

the Proposed Development;

the Existing Environment;

the Impacts of the Proposed Development;

a Non-Technical Summary.

The existing environment and the impacts of thedevelopment are explained by reference toits possible impact on a series of environmentaltopics:-

Human Beings Fauna and Flora

Soil Water Air Climatic Factors The Landscape Material Assets, including the Architectural

and Archaeological Heritage, and theCultural Heritage

The Inter-Relationship between the Above

Factors

Impacts should address direct, indirect, secondary,cumulative, short, medium and long-term, permanent, temporary, positive and negative effectsas well as impact interactions.

None of the topics outlined above (HumanBeings,Fauna, Flora etc) should be omitted at the risk of invalidating the legality of the process, althoughtheir level of detail may differ depending on thelikelihoodof impacts. In some instances it may be sufficient to


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The advantages of using this type of format are thatit is easy to investigate a single topic and it

facilitates

3


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PROPOSED DEVELOPMENT EXISTING ENVIRONMENTAlternatives Existence Human BeingsLocation Construction Fauna and FloraDesign Operation SoilProcesses Change Water

Decommissioning Air Climatic Factors

Characteristics The LandscapeLayout Other Material Assets, including theDesign Developments Architectural and Archaeological Heritage,Size and scale and the Cultural Heritage

Interaction of the Foregoing

LIKELY SIGNIFICANT IMPACTSDo Nothing

PredictedWorse case

Indirect Impacts

MITIGATION MEASURESAvoidanceReductionRemedy

Figure 2 The Structure of an Environmental Impact Statement

easy cross-reference to specialist studies. The Environmental Impact Statement should be keptdisadvantages are that it is more difficult to obtain a separate (e.g. planning application report).comprehensive understanding of the existingenvironment or of the full range of impacts andmitigation measures, particularly the interaction of factors.

EISs in this format must be carefully edited in order to avoid producing a disjointed EIS which is merelya collection of disparate reports by variousconsultants.

1.8 SIZE

It is in the interest of all parties that EISs are kept asconcise as possible. Where appropriate, certaininformation may be appended to the main EISdocument and made available separately whenrequired . The EIS, together with its appendicesshould ideally constitute a self contained documenti.e. there should not be significant reliance or

reference to documentation not within the EIS.Inthis case it is important that proper cross-referencing be provided. Topics which are not relevant to an


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1 P RELIMINARIES AND GENERAL METHODS

1 2 3 4 5

a iii

ci

b

Time +

1 Construction2 Commissioning (mitigation becomes effective)3 Operation (within a stable range of impacts)4 Change

a) expansion/intensification b) contractionc) cumulative deterioration*

5 Closure

i) planned closure with decommissioningii) gradual dilapidationiii) persistent impacts

* Due to deteriorating mitigation measures or accumulative of persistent pollutants.

Figure 3 Impacts during the life cycle of a development

ii

5


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2 P RINCIPLES AND PRACTICE

2 . PRINCIPLES AND PRACTICE

2.1 INTRODUCTION

Clear guidance is required to maintainEnvironmental Impact Assessment as a practicalapplication of sound technical and specialistknowledge. EIA provides environmental informationand guidance to the decision-making processes. It isa means to an end. This section gives prominence tothis practical aspect of EIA. All participants in the process should be oriented towards the common goalof preventing any avoidable environmental

deterioration due to development and ensuring thatdevelopment is sustainable.

There can often be an excessive emphasis on EIA asa document to justify a project, rather than as a process to scrutinise and improve it. The Principlesand Roles in Practice , set out below, aim to provideguidance on how to ensure that EIA is primarily andeffectively directed towards the care for, andimprovement of, the environment during and after development. Section 2.4 also reviews somecommon EIA issues frequently encountered in

practice.

2.2 PRINCIPLES2.2.2 INFORMING THE DECISION

The Environmental Impact Assessment, though partof the decision making process, takes place beforethe actual decision about consent is made.Thisenables the competent authority to reach a decisionin the full knowledge of the projects likelysignificant impacts on the environment, if any.Information should berelevant and complete , andlegally compliant with the Regulations. It should be

appropriate to the requirements of the consent procedure . The information should be systematicallyassessed and presented.

2.2.3 MAINTAIN ENVIRONMENTAL FOCUSAND SCOPE

Effectiveness and efficiency in EIA are most easilyachieved where all parties ensure that

documentationand analysis is confined to those topics and issueswhich are explicitly described in the relevantlegislation. It is important for all parties to maintaina vigilance against the use of EIA to evaluate a widerange of related, but not directly,environmental topics - no matter how well-intentioned or

the guidance material, such as the Advice Notes onCurrent Practice in the preparation of EISs, canallow a wide constituency of interests tomakemeaningful contributions at the earliest stagesof EIA.

Avoidance of Impacts is principally achieved by twomeans; firstly, the consideration of alternatives(sections 2.4.3 and3.2.2) and secondly the review of designs (section 3.1.3) in light of environmentalconstraints. When successfully practised, ImpactAvoidance can often lead to an EIS which predictsno significant adverse effects . To avoidmisinterpretation of this statement it isveryimportant for the EIS to providetransparent,objective and replicable evidence of theevaluationand decision making processes which led to

theadoption or selection of the final project

The basic tenets of Environmental ImpactAssessment are:-

Pursuing Preventative Action

Informing the Decision

Maintaining Environmental Focus and Scope

Public Participation

2.2.1 PURSUING PREVENTATIVE ACTION

Methods, data and evaluations need to beconstantlyscrutinised to ensure that they contribute tothe prevention of adverse environmental effects byanticipation and avoidance.

Anticipation of Impacts is an important techniqueduring screening, scoping and the considerations of alternatives. It involves forming a preliminary


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seeminglyconvenient. Matters such as landuse planning,

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employment, economic, financial or healthconsiderationsare of relevance but only insofar asthey are physically manifested at, or directlyadjacent to, the development site.

Evaluation and analysis is generally limited to areaswhere the indirect, secondary or cumulative impactsare either wholly or dominantly due to the project or development under consideration.

More detailed guidelines on scoping(see Section3.1.2) provide specific criteria on how to ensure thatthe EIA remains focused on issues that:-

are environmentally based;

are likely to occur;

havesignificant and adverse effects 4 .

Some project types (e.g. processing of minerals)

are part of a larger chain of activities that may

commence with resource extraction and end with

disposal of the product following purchase and

use. While it may be desirable to consider the

integrated and holistic effects of such activities it

may not be practical to evaluate the full chain of effects by EIA alone. The EIA is limited to the

effects of the development project that is the

subject of the relevant application for consent.

Other effects (direct and indirect) that may be

reasonably and specifically anticipated may be

described for completeness. However, it should be

noted that such other activities may be subject to

other, separate, regulation and conditioning under

separate legislation and jurisdiction.(See also 2.4.3)

2.2.4 PUBLIC PARTICIPATION

Decisions are taken by competent authorities inconsultation with the public, while receiving advicefrom other authorities with specific environmentalresponsibilities . The structure, presentation and thenon-technical summary of the EIS as well as thearrangements for public access all facilitate thedissemination of the information contained in the

EIS . The core objective is to ensure that society ismade as fully aware as possible of the likelyenvironmental impacts of projects prior to the

EC (Environmental Impact Assessment) (Amendment) Regulations 1999, Second Schedule.

granting of consent.

2.3 ROLES OF PARTICIPANTS INPRACTICE

An EIS is the result of the activities of many people,each of whom need to make different and distinctivecontributions. This section provides guidanceonhow each of the principal parties in EIA canmostconstructively and successfully contribute to the

process.

2.3.1 THE DEVELOPER

Developers need to ensure that they allocatearealistic programme for an EIS to be properly prepared because the lack of adequate time cansignificantly reduce the effectiveness of the process.The length of time involved very much depends onthe type of project being undertaken or thesensitivityof the receiving environment. For example, noise or ecological baselines may require observations over amonthly or even a seasonal basis. A completeassessment of flood returns, on the other hand, maytake years. Experience suggests that a period of lessthan twelve weeks generally creates challengesfor all participants, even on smaller projects, and should be avoided if possible.

It is particularly important that the developer shouldunderstand and accept all mitigation measures that

are proposed in the EIS. These are enforceableundertakings that will have to be put in place andsustained when the project is implemented.Ideallysuch measures should be discussed withthoseresponsible for day-to-day operations to ensure thatthe proposed mitigation or avoidance measures are

practicable.

EIA is most effective where there is early and opencommunication between the participants inthe

process . The developer plays an important role byencouraging and facilitating the approach. It is alsothe responsibility of the developer to ensure thatrelevant design and environmental expertiseisemployed.

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9

any) that were considered, together with theenvironmental factors which led to theselection of the preferred site;

the range of design/layout alternativesconsidered for the proposed development;

the range of alternative activities or processes(if any) by which the proposed developmentcould operate, together with theenvironmental considerations whichdetermined the selection of the proposedmanufacturing technology or site activities;

the nature of the processes and activitieswhich will take place once the site is fullyoperational . This will include descriptions of the characteristics and qualities of materialswhich arrive at and leave the site, how theseare used within the operation and the fate of all wastes and emissions which arise.

2.3.2 DESIGNERS

Professionals and specialists, who prepare the plansand other documentation to describe a development,should be aware that EIA may require slightlydifferent roles from those that are normally requiredof them for other procedures.

The sequence and timing of the design processshould be structured to allow environmental factorsto be accommodated at appropriate stages. In theearly stage of the design this may mean that sitingand layout will need to be adjusted to avoidenvironmental vulnerabilities, such as designedlandscapes, ecological, architectural or archaeological heritage. In the main process therewill be design targets for emissions to air and water that will need to take account of the receivingenvironment. Landscape and noise factors mayinfluence the site layout or the configuration of structures, sometimes late in the design process.There may also be a requirement for modifications.For example, the final external finishes, the locationsof openings or drainage details may all need minor design changes to further mitigate such effects asvisual impacts, noise or risk of water pollution.

Design Information will need to be made available toenvironmental specialists, agencies and consultees atan early stage. The designers need to makeappropriate allowances so that preliminary designs

are available and readily understood. Designers willalso need to be available to communicate withspecialists, both to explain the project and to learn


about environmental design constraints. Finallydesigners will need to provide information on themethods, quantity and timing of construction/development activities to a greater levelof detail than they might previously have beenrequired when obtaining other permissionsor consents.

2.3.3 ENVIRONMENTAL SPECIALISTS

EIA is critically dependent on theexpertise,experience, independence and objectivity of environmental specialists. They characterise theexisting environment and evaluate its significanceand sensitivity. In addition to description, however,

EIA demands that specialists must also predict howthe receiving environment will interact withthe proposed development. If they anticipate significantadverse impacts they will need to work withthedeveloper and designers to devise measurestomitigate such impacts. The specialist who prepareseach section should be identified in the report.To participate adequately in EIA environmentalspecialists will, in addition to their knowledge of thetopic, need to:-

have a knowledge of the relevantenvironmental legislation and standardswhich apply to their topic;

be familiar with the relevant standards andcriteria for evaluation and classification of significance and impacts;

be able to interpret the specialised

documentation of the construction sector sothat they can understand and anticipate

howtheir topic will be affected duringconstruction and operation;

be able to work with designers and other specialists to arrive at practical and reliablemeasures to mitigate adverse impacts;

be able to clearly and comprehensivelyresent their findin s.


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2.3.4 COMPETENT AUTHORITIES

EIA always exists within a regulatory framework where an authority grants consent5 for a project.Thecompetent authority fulfils a number of importantroles in EIA, particularly screening, scoping,evaluation and determination. The decisions aboutwhether EIA is required(Screening) and of what theEIS should address(Scoping) are two principal roles.Early and careful consideration of these topics canaffect confidence in the effectiveness of the process.These in turn can lead to significant reductions indelays and disputes.

Within the appropriate regulatory framework, thecompetent authority can positively contribute to the

EIA process by the following means:-

Early involvement with willing applicants which cananticipate and avoid delays or disputes aboutscreening or scoping.

Advising on environmental factors, other potentiallyinteracting projects or drawing attention to likelylocal issues and concerns. The latter is a particularlyimportant contribution which draws on the uniqueknowledge and experience of the Authority, particularly for the anticipation of indirect andinteracting effects which might not otherwise bereadily apparent. Potential difficulties or concernsshould be highlighted at the earliest opportunity sothat they can be addressed by the EIA and design

process.

Providing Environmental Data which may berelevant to the project as early as possible.Competent authorities can often provide valuableinformation to applicants about where to obtain other relevant data.

Document Review , either in whole or part (also seeSection 3.1.3). This has proven to be an extremelyeffective means of avoiding delays, disagreements or disappointments . It is particularly valuable where thedetail of impact description and mitigation proposalsare closely scrutinised.

2.3.5 AGENCIES

Agencies that are responsible for data provision andfor the protection of environmental and culturalassets have special responsibilities to respond to the procedural and pragmatic demands of EIA.Such

agencies are likely to be initially approached byapplicants or competent authorities who will beseeking data either about the existence or the

Some projects may require consent from a number of authorities.

This does not, however, detract from the requirement on the developer/EIA team to undertake up to date surveywork/monitoring which is site specific and relevant to the study area in question.

significance of resources. They may be approachedlater seeking evaluations of the likely acceptabilityof residual impacts or mitigation proposals.

Having regard to established procedures, precedentand the relevant regulations, agencies can positivelycontribute to the EIA process by providing:-Timely Responses to requests for data or observations. Where complex or large-scaleissues

are involved it may be preferable toarrangecommunications in stages. By this method mattersof principle (such as the intrinsic suitability of thesite)can be raised as early as possible.

Appropriate Data should be readily available,current, accurate and as complete as possible.Earlynotification about data gaps can also be of considerable assistance to applicants. Agencies canoften draw on their own depth of experienceto provide valuable information to applicants abouthow or where to find other relevant data.6

Appropriate Observations can be extremely useful, particularly at the early stages of a project. In someinstances it will be important to ensure that theviewsof local, regional or national officials areconsistent .

2.3.6 NON GOVERNMENTAL

ORGANISATIONS Non Governmental Organisations (NGOs)havespecial rights and responsibilities which can interactwith the EIA process in a number of ways.Early,open and constructive engagement hasfrequently proven to be beneficial to both the protection of theenvironment and to the quality of development

projects . The significance of such organisations liesin their ability to provide an informed andexperienced focus, particularly for the emergingconcerns of society. A mutually satisfactoryoutcomecan be achieved where applicants and NGOsengage

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Open Engagement which means a willingness to participate in dialogue by sharing data, particularlyabout environmental sensitivities or vulnerabilities.It also means being explicit, as early as possible,about criteria for environmental acceptability or indeed about non negotiable principles.Constructive Engagement which involves awillingness to evaluate and respond to proposals bythe applicant particularly at early stages.Thisengagement may also involve a willingness to participate in evaluations of a number of versions of the project as it evolves. It may also involve awillingness to engage in document review (see3.1.3).

2.3.7 THE PUBLIC

Public participation enhances the effectiveness andaccountability of the process by increasing theexplicit consensus of the decision making process.Local historians, farmers, wildlife experts etc. are aninvaluable source of local information and if possiblecan be identified and consulted. Availing of opportunities for participation prior to consent is thekey to influencing the development.

In addition to the rights of objection or observationswhich are provided by the existing regulations and procedures, the public can also participate in the EIA process by:

Making Observations or submissions in response toany preliminary invitations to participate such asscoping, evaluation of alternatives or documentreview. These opportunities may arise through publicnotifications, through public representatives or atcommunity consultation meetings/exhibitions by theapplicant . The most useful form of participation is toinform the applicant of concerns, as early as possibleso that the EIA process can include and attempt toaddress them.

Direct Participation, wherever possible, is morelikely to result in accurate and focusedcommunications between applicants and members of the public though community organisations and public representat ives can provide invaluablefacilities for organising and facilitating such

participation.

2.4 EIA ISSUES

On large and controversial projects the EIS has often

become a focus of objection, disagreement anddebate . A review of experience indicates that thefollowing six issues lie at the core of these EIA

Such as the nutrient loading of a receiving water or an ecological designation for instance.


controversies. Each issue relates to adequacy of theoverall EIS rather than any particular section.Attention to the following issues may help

Impartiality

Health and Safety

Alternatives

Screening

Scoping

Availability of Documents

2.4.1The most common general complaint arises from afundamental lack of trust in the impartiality of anEIS . The question most frequently asked is:- Isadeveloper likely to endure the expense and trouble of an EIS just to provide supporting evidence for anobjector?

To answer this question it is important to consider the function of both the structure of EIA as wellas

the regulatory obligations on the developer.Thesecall for a comprehensive description of theexistingenvironment. In most instances this consists of acompilation of information such as environmentalvulnerabilities, 7 which is already available in the public domain. These circumstances render itdifficult for an EIS to conceal the likelihoodof impacts(see also Published Data and Site Surveys,Section 3.2.4).

Furthermore the complaint is often made that EISsoften conclude thatno significant adverse impactsare likely. This overlooks the preventative nature of EIA which causes the applicant to devisemeasuresto avoid, reduce or remedy significantadverseimpacts (i.e. to remove the causes of impactsbeforeapplying for consent).

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Notwithstanding these observations, it is importantto acknowledge that valid concerns aboutimpartiality remain because of the subjectivity abouthow some impacts are perceived. The description of the magnitude of impacts is the most controversialarea. Whenever possible, impacts should bedescribed by reference to an existing acknowledgedstandard or criteria for the topic. The criteria onwhich the terminology is based should be clearlydefined for each discipline. Where this is not possible then it is recommended that impacts should be described by reference to the glossary of impacts inSection 3.2.5 of these guidelines.

Finally, wherever subjectivity and personal judgement are factors in the prediction of likely

perceptions and responses, impacts should besuitably qualified8.

2.4.2 HEALTH & SAFETY

The physical environment is one of a number of recognised determinants of health which is often atthe forefront of community concerns. Health can beaffected by a number of direct and indirectenvironmental pathways, such as air, water or soil.Populations can be affected either by directcontamination or by induced effects on diseasevectors, food chains and exposure to risks.EIAtypically deals directly with the environmental pathways and the extent to which these are affected by known contaminants, irritants or change inducingfactors (e.g. nutrient enhancement or temperaturechange).

The evaluation of effects on these pathways iscarried out by reference to accepted standards(usually international) of safety in dose, exposure or risk . These standards are in turn based upon medicaland scientific investigation of the direct effects onhealth of the individual substance, effect or risk.This practice of reliance upon limits, doses and thresholdsfor environmental pathways, such as air, water or soil, provides robust and reliable health protectorsfor analysis relating to the environment.

Where anxieties about human health are understoodto be of particular concern the scope of the EISensures that observance of and reliance uponconformity with recognised national andinternational standards is adequately related to thespecific Health and Safety topic that are of localconcern.

It is particularly important to exercise caution about combining impacts derived from different types of criteria(i.e . objective and subjective) within comparative, numerically weighted evaluation rankings, e.g.matrices.

2.4.3 ALTERNATIVES

The consideration of alternative routes,sites,alignments, layouts, processes, designs or strategies,is the single most effective means of avoidingenvironmental impacts. The acceptability andcredibility of EIA findings can besignificantlyaffected by the extent to which this issue

isaddressed . For linear projects, such as roads and power lines, alternative routes may be themostimportant and effective mitigation strategy whilefor major infrastructure projects the intrinsic suitabilityof the site is the principal ameliorationstrategy.However, it is important, from the outset,toacknowledge the existence of difficultiesand

limitations when considering alternatives. Theseinclude:-

HierarchyEIA is only concerned with projects. Many projects,especially in the area of public infrastructure,ariseon account of plans, strategies and policies whichhave previously been decided upon. It is importanttoacknowledge that in some instances neither theapplicant nor the competent authority can berealistically expected to examine options whichhavealready been previously determined by ahigher authority (such as a national plan or regional programme for infrastructure or a spatial plan).

Strategic Environmental Assessment

Strategic Environmental Assessment is a process by which plans and programmes are evaluated byreference to the same environmental topics as areused in EIA and have regard to the likelysignificant environmental effects, of implementingthe plan or programme. Like EIA, the assessment

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importance to the developer, e.g. project economics, (see alsoSection 3.1.2 for detailed guidance onland availability, engineering feasibility, planning methods and criteria).considerations.

2.4.6 AVAILABILITY OF DOCUMENTSSite Specific IssuesThe consideration of alternatives also needs to be setwithin the parameters of the availability of land (itmay be the only suitable land available to thedeveloper) or the need for the project toaccommodate demands or opportunities which aresite specific. Such considerations should be on the basis of alternativeswithin a site e.g. design, layout.

2.4.4 SCREENING

It is important to acknowledge that EIA can be

expensive, time consuming and difficult for all parties involved. Many poor-quality EISs arisewhere relatively small, poorly resourced projectshave to carry the disproportionate cost of anunnecessary EIA. Wherever legally possible other forms of more limited appropriate evaluation (anEnvironmental Report or Appropriate Assessment)can be used instead (See 2.4.2). These can focus onlyon the topic(s) where impacts are likely to occur.These can be identified through consultation or scoping with relevant competent authorities.Section3.1.1 provides detailed guidance on criteria for screening as well as alternative forms of appropriateassessment.

2.4.5 SCOPING

Unnecessary or over elaborate evaluations createavoidable delays and excessive costs. They can also be unintentionally counterproductive by reducing theaccessibility, clarity and focus of the EIS and theassociated decision making process. Unsatisfactorystudies can occur where demand for studies areoppressive or disproportionate. Scoping must befocused on issues and impacts which are:-

Environmentally based

Likely to occur The aspects of the construction, existence

andoperation of proposed developments that arelikely to affect the environmental sensitivity.

Having regard to these criteria, competentauthorities, agencies, NGOs and other consulteesshould ensure that a transparent and justifiablerationale exists when specifying the scope for EIA

There should be a likely and demonstrable means by which the proposed change could significantly and adverselyaffect the specific environmental sensitivity.

To alter or diminish the valued characteristic of the environmental topic.

Assessments of specific topics should be limited to relevant issues (i.e. those likely to be affected by the proposed

13

It is imperative to minimise barriers that limit the public access to the EIS. Barriers can include:-

Size and cost which can create difficulties for the public and for competent authorities. Wherever possible practitioners should aim to keep thelengthof the main volume of the EIS to less than 100 pages.The format and illustrations should be designed soasnot to impede reproduction.

Availability and ease of reproduction should befacilitated by the applicant and thecompetentauthority. The use of electronic access, looseleaf master copies and the provision (and supply) of adequate copies for public access can be discussedinadvance by the applicant and the authority.

Comprehension can be influenced by structure,language, editing and presentation. Simple, self-explanatory graphics are provided, together withappropriately scaled drawings, photographsand

photomontages . The requirement for a non-technicalsummary does not relieve the applicant of theresponsibility of ensuring that the EIS is easilycomprehended. Obscurity will often lead to queries,mistrust or even requests for additional information,none of which facilitate the decision making process.

2.4.7 APPROPRIATE EVALUATIONWhere reasonable9 concerns exist that a sin le or

Significant and adverse

The context, character, significanceand

sensitivity of the relevant910

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development).


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The likely significant impacts of the proposed

development on the specific EnvironmentalTopic(s).

The measures to mitigate adverse impacts onthe specific environmental topic(s).

A non-technical summary of the assessmentshould also be provided.

The assessment employs:-

A systematic approach

Standard descriptive methods

Replicable prediction techniques

Standardised impact description

For assessments of a single or very limited number of topics the latter criterion assumes greater importance than it might in a full EIS. This is because the weight of the decision may fall upon theevaluation of the significance of the effects upon asingle topic.

The evaluation of the significance of the impactshould, wherever possible, use pre-existingstandardised terms for the significance of impacts.Where these do not exist the scoping of theAppropriate Assessments should include an explicitstatement of the criteria that will be used to evaluatethe significance (and acceptability) of the resultantand residual impact(s).

The formulation of such criteria should be subject toreplicable and systematic standards and should,wherever possible be based solely or predominantlyupon the four explicitly objective criteria set out in part 3.2.5 of these guidelines namely:-

1. Magnitude and Intensity2. Integrity3. Duration4. Probability


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15

3 . GUIDELINES

3.1 EIA STAGES

To assist in the production of EISs that achieve theobjectives of Impact Anticipation and Avoidance itmay be helpful to consider the relevant issues as theyarise during each of the principal stages of EIA.These are discussed below.

3.1.1 SCREENING

Despite extensive and highly specific EIA legislation

there will still be circumstances whereadetermination will be needed as to whether or not anEIS is mandatory. Where legislation or other officialguidance is inconclusive on the matter it may behelpful to consider the following issues:-

Could the development significantly affectmore than one significant or sensitiveenvironmentally based resource?

Is the project of a large size and effect anddoes it involve emerging technologies or techniques?

Are there significant levels of unpredictabilityabout effect arising from the methods,technologies or because of the absence of data on the receiving environment?

Guidelines The EPA Advice Notes on Current Is there reason to believe that there may be Practice in the preparation of EISs contains

significant and reasonable levels of public guidance both on environmental topics and for concern about demonstrable effects on principal project types. Other internationalenvironmental resources? publications (see Advice Notes) provide summaries

of the scope of EIA for various project types.

Precedent created by the EIA for similar or analogous projects or environments are nowavailable by consulting the public files of competentauthorities and environmental information databases,e.g . ENFO14 .

Roles of ParticipantsThe scope may emerge from a number of sources butmost commonly emerges from a dialogue betweensome or all of the following:-

The Applicants agent who may be an EIA specialistand who may propose an initial outline of the scopeon the basis of a knowledge of the project and the

For instance archaeology.

For instance noise emissions.

Irelands public information service on environmental matters (Department of Environment and Local Government).

3 GUIDELINES

uncertainty or data limitations about a singleor restricted aspect of the development.

If any or all of these concerns existin the absence of clear requirements for an EIS under the Regulationsconsideration can be given to preparing adetailedevaluation solely of the single or restrictedtopic,issue or uncertainty as an appropriate evaluation(seeSection 2.4.7).

3.1.2 SCOPING

The prior determination of the nature and detail of the information to be contained in an EIS is oneof the most important, yet challenging, stages of the process. This may be a formal or informal process.The difficulty arises from the need to know thelikelyareas of potential impact and theappropriatemethods by which to evaluate them prior tothe

commencement of detailed data collectionor

If Yes is the clear and immediate answer to any of these questions then it is reasonable to anticipatethatthere would be a widely held expectation of stringentevaluation of such projects.

In such an evaluation, however, it is important toclearly examine whether concerns (public or expert)arise on account of:-

a single or very specific environmentaltopic 12

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site.

The Competent Authority who will have a detailedknowledge of the procedural and legal requirementsas well as a more extensive knowledge of both thecontext and local issues and concerns.

Other Specialist Agencies (including NGOs) whowill have a detailed understanding of a particular aspect of the environment affected.

The Public, either individually or in groups, who arelikely to have either thematically specific or area-specific concerns.

Criteria

All parties must be conscious of the need to keep theEIS as tightly focused as possible. This minimisesexpenses, delays and the potential for a confusingmass of data to obscure the relevant facts. To achievethis objective Scoping can be carried out byreference to the following criteria:-

Use precedence, avoid re-inventing thewheel . Where similar projects on similar sites have previously been the subject of asatisfactory EIS then it is reasonable to usesuch reference for Scoping.

Use Likely and Significant as criteria for determining the range of impacts andthresholds for data assembly respectively.

Maintain Environmental Focus (see Section2.2.3).

3.1.3 ON-GOING SCOPING

Design ReviewAs mentioned previously, the prevention of environmental degradation and associated impact onhuman beings, plants, animals etc. is the principalobjective of EIA. This can only take place where thedesign is informed and reviewed by environmentalcriteria emerging from an appropriate assessment of the specific receiving environment.Sections 2.3.2and 2.3.3 provide specific recommendations on theneed for the designers and the environmentalspecialists to maintain a regular dialogue through thedesign development to ensure that this objective isachieved. As such regular EIA project team meetingsare important.

Document ReviewExperience in practice, particularly on large andtime-critical projects, has shown that considerable

It is important to note that some Competent Authorities - such as An Bord Pleanla - are precluded from having informalconsultations with applicants.

benefits accrue to all parties when the EISissubjected to timely review by outside parties.Thismost commonly takes place with thecompetentauthority15 who may examine structure, overallcoverage, findings and the likely acceptability of theresidual impact levels or of the mitigation proposals.Consultation may take place on narrower issueswithspecialist agencies or occasionally with concerned

or even potentially hostile third parties. The principaladvantages of a Document Review are reportedtoinclude:-

the avoidance of requests for additionalinformation at a late stage in the process;

the testing of the acceptability of residualimpacts and mitigation proposals;

discovering interactions or conflicts thatwere

not evident at the earlier scoping stage.

3.1.4 CONDITIONS AND MONITORING

EIA related conditions that are imposed by thecompetent authority will form part of the ImpactAnticipation and Avoidance strategy.

Conditions are principally used to ensure thatundertakings to mitigate are secured by explicitlystating the location, quality, character, duration and

timing of the measures to be implemented.Asecondary role of EIA related conditions is to ensurethat resources e.g. bonds / insurances will beavailable and properly directed for mitigation,monitoring or remedial action, in the event thattheimpacts exceed the predicted levels.

Monitoring of the effectiveness of mitigationmeasures put forward in the EIS, both bythecompetent authorities and the developer, isanintegral part of the process. Monitoring of environmental media and indicators arise either fromundertakings or from conditions. In either case it isimportant for all parties to be aware of the

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3 GUIDELINES

EIS . It draws attention to the scope and focus of account the environmental effects. For the purposessections and to the topics that should be addressed in of the Regulations, alternatives may be described ateach . three levels:-

3.2.1 PREAMBLE Alternative Locations

A preamble can usefully establish the background Alternative Designsand terms of reference for the EIS. Practitioners findit a useful way of explaining the structure and Alternative Processesassumptions which underlie the EIS. The followingtopics are often included or referred to:- 3.2.3 DESCRIPTION OF THE PROPOSED

DEVELOPMENT

Introduction

The description of the proposed development is oneof the two foundations upon which an EIA is made

(the other is the description of the existingenvironment). A systematic approach is veryimportant to ensure that all relevant aspects of thedevelopment are accurately and fully described. Theobjective is to provide a description in sufficientdetail, which if taken together with the description

of the existing environment, would allow anindependent reader to understand the significantimpacts likely to arise from the proposeddevelopment.

The description of the site, design, size or scale of the development, considers all relevant phases of theexistence of the project from its construction

throughto its existence and operation (and in some cases toits restoration or decommissioning). It may alsoconsider the evaluation of alternative locations,designs and processes. It is generally desirable todescribe the proposed development in terms of thosetopics which will form the basis of the ImpactAssessment, such as the emissions of the project

intosoils, water and air or the characteristics of the

project which could potentially affect the flora,faunaor landscape.

The level of detail required will vary considerablyaccording to the sensitivity of the existingenvironment and the potential of the project for significant effects. Also the focus of the EIS maychange following initial baseline surveys e.g.occurrence of archaeological features, protectedspecies, existence of buildings or designedlandscapes (e.g. 18th Century demesne) etc. It must be stressed that not all of the topics described in thefollowing section are likely to be of relevance to all

projects.

17

The approval process for which the EIS is prepared;

The competent authority involved;

Any correspondence, opinions or notice fromthe competent authority, Minister or

other authority seeking an EIS;

The full title of the application which the EISaccompanies, describing other documentationwhich may be relevant (e.g. drawings or planning application reports);

The relationships between the topics used inthe EIS and those stipulated by theRegulations (e.g. "In this report Fauna andFlora are combined as Ecology");

The relevant category of development whichis referred to in the Regulations;

Any scoping or pre-application consultationswhich may have taken place. This specifiesthe bodies consulted and the

principalconcerns arising;

The name and qualifications of thespecialists

who prepared each section;

Any technical difficulties or lack of datawhich were encountered (this item is

a requirement of the Regulations).


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Thus an outline of the main alternatives examinedthroughout the design and consultation processes is The following headings may serve as usefuldescribed . This serves to indicate the main reasons reminders of the topics which can be addressed byfor choosing the development proposed, taking into descriptions or illustrations as appropriate:-


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Alternatives Examined significant impacts, which are often of equalconcern

to that of the final project. The description can Characteristics of the Project include, but not be limited to:-

The Existence of the Project the Land-Use Requirement

Description of Other Developments Proposed Works

Each of the headings is described in the following Significant Effectssections . (A detailed expansion of each topic is provided in the Advice Notes on Current Practice, Environmental Protection Measureswhich accompany these Guidelines).

Description of Commissioning Alternatives Examined This section is included if the proposed developmentThe requirement to present an outline of alternatives will not be substantially operational in the period

examined and the justification of the final proposed immediately following construction. This project is discussed above inSection 3.2.2. description could include:-

Characteristics of the Project Phasing;The means of describing the physical characteristicsof a development are summarized here. These topics Testing and commissioning;are frequently cross-referenced to drawings andillustrations: Occupation/use;

the size of the proposed development; Establishment of mitigation measures(monitoring, planting etc.).

the cumulation with other proposeddevelopments; The Operation of the Project

This is one of the most important sections of an EIS. the use of natural resources; While comprehensive, accurate descriptions are vital

to ensure credibility, it must be stressed that not all the production of waste; of these topics will be relevant to many smaller

projects. pollution and nuisances;

Description of the Principal Processes or a description of the Risk of Accidents Activities;

having regard to substances or technologiesused . The Scope of the Project;

The Existence of the Project The Operations described in general terms;Large projects, which require Environmental ImpactAssessment, are described in a way, which takes Processes;account of their full "life-cycle". They have the potential to generate different effects at different Occasional Activities;times and at different places both at and beyond thedevelopment site. Occupants;

The description should not overlook the other Description of Materials Used;developments (often off-site) which occur as a directresult of the main project, such as a power line, a Description of Natural Resources Used;substation, road junction upgrade. These often resultin significant impacts. Description of Effects, Residues and

Emissions; Description of ConstructionLarger developments can take a number of years to Description of Waste Management;


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3 GUIDELINES

Description of Secondary Industrial and warehousing developmentsProcesses/Activities. near new inter-modal transportation nodes;

Changes to the Project Very few projects remain unaltered throughout their existence. Success may bring growth; technology or market forces may cause processes or activities toalter and all developments - like living entities - willsome day cease to function. The lifecycles of sometypes of projects are finite and predictable.Such projects often consider their closure anddecommissioning in detail from the outset, while for most developments a general indication of the natureof possible future changes may suffice.Descriptionsmay include:

Description of Proposed Growth; Description of Decommissioning;

Description of Other Changes.

Description of Other DevelopmentsMany project impacts can arise from aspects of thedevelopment other than from the main project.Thesecan loosely be grouped under two headings:-Off-siteand Secondary Developments. Such impacts canoften be as significant as those of the main project but are, occasionally, overlooked. The following areindicative of issues which may be examined:-

Off-Site DevelopmentsTransportationThe provision of new access facilities (e.g.links to motorways) or the upgrading of existing facilities (e.g. road widths and junctions) carried out by other parties cangive rise to significant environmental effects.

EnergyThe provision of new power-lines or pipelines with associated sub stations or pumping stations can give rise (for instance)to impacts on landscape or ecological or archaeological heritage at a considerabledistance from the project.

Secondary DevelopmentsThese include developments that arise solely as aconsequence of the existence of the principal project,usually not carried out by the developer of the principal project. Examples include:-

Commercial Developments at new major road junctions;

Recreational land-uses near new access inundeveloped areas;

Retail development near new residentialareas.

3.2.4 DESCRIPTION OF THE EXISTINGENVIRONMENT

Introduction

An accurate description of the existing environmentis necessary to predict the likely significantimpactsof a new development. This informationalso provides a valuable reference(baseline) which can be used for environmental monitoring of theimpactsof the project, once it is in operation. It is importantthat the methodology used in undertaking baselineinvestigations is documented so that the results of later monitoring can be referenced.

Published Data and Site Surveys

Data on the existing environment is a fundamentalresource for EIA. Descriptions should, in the firstinstance, rely upon published reference to ensureobjectivity. Note that the absence of a designationor known feature (e.g. ecological or archaeological) does not mean that no such featureexists within the site. A detailed evaluation of theexisting environment, by an independent

specialist, is likely to be necessary for all topicsthat are likely to be significantly affected.

The environment is an extremely complexcombination of natural and human factors, many of which are constantly changing. To ensure thatcomprehensive and accurate descriptions are provided in a manner which is consistent from oneEIS to another, the Regulations specify the

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Human Beings

Fauna and Flora

Soil Water

Air

Climatic Factors

The Landscape

Material Assets, including the Architectural

and Archaeological Heritage, and the

Cultural Heritage

The Inter-Relationship between the Above

Factors

This section provides general guidance on the scope,methodology and issues which an adequatedescription includes.(See the Advice Notes onCurrent Practice which accompany these Guidelinesfor more detail on description of each topic in theexisting environment.).

General MethodologyTo facilitate evaluation of the EIS, references torecognised descriptive standards are included where

appropriate.

The description of any aspect of the environmentshould provide sufficient data to facilitate theidentification and evaluation of the likely significanteffects on that topic. Systematic, accurate andcomprehensive descriptions include:

Context

Character

Significance

Is the information necessary for assessment of the main effects available?

Is the information focused on effects whichare likely and significant ?

The certainty or confidence which the information provides is a good basis for evaluating the quality of data . In practice unsatisfactory information is morelikely to result from omissions than from

inaccuracy. What proportion of the habitat is managed?All information is ultimately used to make decisionsabout whether to grant or withhold consent to

Character Indicate the distinguishing aspects of theenvironment under consideration, e.g.:-

Is itunpolluted air/water?

What types of habitats are present?

Whatage are the buildings?

SignificanceWhat quality, value or designation is assigned to thisaspect of the existing environment, e.g.:-

Is it protected by legislation or designation?16

Is it rare/scarce/common/abundant?

Is it renewable/unique?

Is it scenic/ordinary/derelict?

SensitivitiesWhat changes could significantly alter the character

of this aspect of the environment, e.g.:- Would any increase in nutrients cause

eutrophication?

Would disturbance cause the nesting birds toleave?

Would any manmade structures detract fromthe wilderness character?

Sufficiency of DataHow can a Competent Authority or Developer beassured that the EIS contains sufficient data? Thefollowing criteria can provide useful guidelines:-

Is the information necessary for identificationof the main effects available?

Sensitivity

Context Describe the location, extent or magnitude of theenvironmental factor, e.g.:-

Where is the monument?

Are the air/water quality conditions

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See boxed text in Section 3.2.4.


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3 GUIDELINES

LANDSCAPES OF THE EXISTING ENVIRONMENTGeneral ContextThe 32.5ha site is located low on the northern slopes of the Suir River Valley in an area where the large

irregular fields of the uplands give way to small and medium sized rectangular fields of the valley . Theseare enclosed by mature hedgerows which contain many tall ash, oak and sycamore. Dairy farming is thedominant land use which determines the character of the area, though a number of homes unrelated to

farming- have been built in the area in recent years, taking advantage of the panoramic views across thevalley and the proximity of urban amenities of nearby Clonmel . The roads in the area are popular for walks on summer evenings and at weekends throughout the year.

When seen from the N24 (National Primary Route) the general area forms part of the foreground of theviews towards Slievenamon. This road is designated as a scenic route on many tourist maps and the SouthTipperary County Council Development Plan designates a number of views from the road for protection.The landscape of the general area plays an important role in literature and poetry, which is discussed in

greater detail in Section 10, Cultural Heritage.

The siteThe three fields and the farm buildings which comprise the site are typical of the area. The continuousline of mature ash and oak along the southern boundary limits views out of, or into, the site from thevalley while the tall (5.5m high on average) vigorous hedgerows elsewhere provide significant visual enclosure. The interior of the site is visible from the upper slopes of Slievenamon (above 300m).

The lime-lined drive together with the stone gate posts and the laurel enclosed area in front of the houseare locally distinctive man-made landscape elements . The steep slope towards the stream-side vegetationare important natural and visual amenities of the property.

Figure 4 Sample Description of Landscape in the Existing Environment

develop. "Sufficiency" may therefore be regarded asenough information upon which to base a decision.

Where it is the case that incomplete information is provided, it must be clear that this information isnot maliciously withheld and thatall parties are awareof the incompleteness. The resultant decision willusually bequalified or conditional . The followingexample will illustrate how incomplete informationcan be included.

The site was examined and was deemed to be

grassland of a type which is very common

throughout the Midlands. It should be noted that

the examination was carried out in December

when the full range of potential flora was not

evident. A further study will be made, of the damp

areas in particular, to determine whether any

significant species are present during May-July.

The detailed design of the carpark may need to be

adjusted if anything of significance is encountered.

Figure 5 Example of an ecological report whichis qualified due to the necessity of beingcarried out at an unsuitable season of the year.

Scope of TopicsThe ten topics which are stipulated by theregulations namely, Human Beings, Flora, Faunaetc. - are a necessary simplification of theenvironment. The full complexity of theenvironmentmay be described by reference to these topics. It isadvisable to state in the preamble how specificissues(e.g . Insects) are related to a topic laid down in theRegulations (e.g. Fauna). Certain topics will havemore significance for some projects than for otherse.g . there will be more comprehensive detail thanusual on geology for projects such as mining andquarrying.

The following is an indication of the range of environmental topics which can be organisedwithinthe headings provided by the Regulations.

Human BeingsEconomic ActivitySocial PatternsLand-use

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Manmade Landscapes

Material Assets (including Architectural and Archaeological Heritage and Cultural Heritage)Archaeological HeritageFolklore/Tradition/HistoryArchitecture/SettlementsMonuments/FeaturesDesigned landscape Natural Resources of Economic Value17

Building & Structures

Infrastructures

The Inter-Relationship between the Above Factors

The Changing Environment When describing many aspects of the existingenvironment it is very important to be aware of their dynamic nature. Few aspects of nature remainunchanged for long. Communities grow, age or move, habitats have short and long term cyclicalchanges, monuments age, soils develop, even theclimate has cycles of change.

Where applicable, the description of theenvironment

can draw attention to any trends or other evidence of change which may be evident in the existingenvironment. Such information can significantlyalter the perception of monitoring and cumulativeimpacts.

Significant EnvironmentsA number of types of geographic areas are generallyregarded as being particularly sensitive and/or significant. Many of these are officially designated,some may not be. The description of the existingenvironment may need to draw attention to thesignificance or sensitivity of the overall environment- even if no single factor is individually significant.Examples of such significant environments include:-

Wetlands

Coastal Zones

Mountain and Forest areas

Nature Reserves and Parks

Resources that are valued and that are intrinsic to specific places are called material assets. They may be of either human or natural origin and the value may arise for either economic or cultural reasons. Examples of natural resources of economic value include assimilative capacity of air and water, non-renewable resources (e.g. minerals, soils, quarries and

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mines), renewable resources (hydraulic head, wind exposure).22 G UIDELINES FOR E NVIRONMENTAL IMPACT S TATEMENTS

FaunaHabitatsBreeding/Feeding/Roosting AreasRoutesMammals/Birds/Fish/Insects/ReptilesPopulation Stability/ManagementCritical ResourcesProtection Status

FloraCommunitiesTerrestrial/Aquatic/MarineSeasonalitySuccessionExisting ManagementHabitat Requirements

Protection StatusSoilsMineral SoilsPeats/FensEstuarine SedimentsAgricultural CapabilityEngineering CharacteristicsGeology (including surficial bedrock

deposits,faulting, weathering and chemical characteristics)Aquifers

Water Ground/Surface/Estuarine/MarinePhysicalChemicalBioticBeneficial Uses

Air Air Quality

- Pollutants- Suspended Particles

Odour

NoiseVibrationRadiation

Climatic FactorsCFC'sAcid RainThermal PollutionClimate Change (macro and micro)Pollution Transport

Landscape

Landscape Character Landscape ContextViews & Prospects


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The Likelihood of ImpactsIn theory, a new development can cause an infinitenumber of impacts which are possible while in practice a very limited number of impacts are probable.

Only probable or "likely" impacts are addressed.Probable impacts can be described as those whichare planned to take place (e.g. the projectedemissions, the proposed earthmoving etc.) and thosewhich can bereasonably foreseen to be inevitableconsequences of the normal construction andoperation19 of the development.

Provision for the prevention and control of abnormaloperations (accidents) must be regarded as

reasonable and prudent. The extent to which thesecircumstances (and their impacts) are examined, isguided by an assessment of the likelihood of their occurrence (risk).

This decision can be supported by judgment basedon documented experience elsewhere or by asystematic risk assessment. Such assessments areusually employed only where the "worst case"impacts pose significant threats to the environmentand/or human health. It should be noted that suchrisk assessments should only be undertaken wherethere is reasonable cause for it as they can be verytime consuming, complex and expensive.

The Predicted Impact The description of the impacts which are expected tooccur should be as accurate and complete as

possible . The method employed should be explainedand justified with reference to the project andenvironment under consideration. Such methodsshould be judicious, accurate, complete andreplicable. They should be carried out in accordancewith established practice whenever this is

applicable.

Potential Impact In some circumstance, it may be necessary todescribe the full extent of the proposeddevelopments effects and emissionsbefore the proposed mitigation measures become fullyeffective. Examples include the temporarydisplacement of wildlife or visual impacts beforelandscape establishment.

Residual Impact The final or intended impact is that which occurs

after the proposed mitigation measures have takeneffect as planned. Examples include regeneration of ecological habitats, commissioning of environmental

For example, sites and areas protected under the National Monuments Acts and the Planning and Development Act.

Areas classified or protected under legislation,18 including special protection

areadesignated pursuant to Directives79/409/EEC and 92/43/EEC

Areas in which environmental qualitystandards set by legislation have already

beenexceeded (i.e. areas where the capacity of theenvironment to facilitate more

development

has been exceeded.) Densely populated areas

Landscapes of historical, cultural, or archaeological significance

3.2.5 DESCRIPTION OF THE LIKELYSIGNIFICANT IMPACTS

Introduction

It is a statutory requirement of EIA that theapplicant presents an assessment of the likely impacts of the proposed development.

This section presents a number of challenges,namely to ensure that the EIS concentrates on:-

Likely effects;

Significant effects;

Description of impacts that are accurate and

credible.

Prediction of impacts is a more accurate descriptionof this section since the impacts, by definition,havenot yet occurred.

The statutory criteria for the presentation of thecharacteristics of potential impacts sets outthat potential significant effects of the proposeddevelopment will be described with regard to:

the extent of the impact (geographical areaand size of the affected population);

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