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ENVIRONMENTAL ASSESSMENT Dr John Williams: Tel. 2404: e-mail: [email protected] Environmental assessment (EA) is a systematic process, using the best practicable techniques and best available sources of information, to assess the environmental effects of a project. It is prepared by the developer, usually in consultation with others, and is considered by a statutory authority in forming its judgement as to whether, on environmental grounds, a development project should proceed. DEVELOPMENT OF EA LEGISLATION Environmental assessment was accepted in principle at the UN Conference on the Human Environment at Stockholm in 1972. This stimulated European Legislation based on environmental action plans to enforce the consideration of the pollution and nuisance aspects of development projects before construction. This resulted in the Environmental Assessment Directive 85/337/EEC. The directive describes the procedures for environmental assessment of major projects. However, it does not ensure or require Member States to refuse to approve projects that are damaging to the environment, just that the effects of the projects are 'taken in to consideration during the development consent procedure'. Assessment, as defined in the directive, consists of 5 obligatory steps; i) the supply of information on environmental effects by the developer. ii) consultation with other environmental agencies. iii) consultation with the public. iv) consultation with other Member States where the projects has transnational implications v) the requirement on the part of the competent authority to take into consideration information gathered during the previous steps before making its decision to authorise the project. The directive lists projects under 2 categories (Annex I and Annex II) which either (I) require a EA in every circumstance or (II) an EA is required only in certain circumstances. UNITED KINGDOM LEGISLATION The UK has implemented Directive 85/337/EEC through 15 basic sets of different regulations, plus a number of amending regulations and associated measures. The majority of the projects are covered under the planning regulations. However, certain project classes, and project categories and subcategories, are covered by other regulations (e.g. afforestation, major roads). Provisions contained within the Planning and Compensation Act 1991 allow the extension of EA to projects other than those listed in Directive 85/337/EEC. In 1994, the government used these powers to add privately financed toll roads to the list of projects requiring EA in every case; the following projects were added to the list for which EA is required where the proposed development is likely to have significant effects on the environment: windfarms, coast protection works and motorway service areas. A number of changes were also made to the procedures. These include a requirement that any new information supplied by the developer to supplement the environmental statement must be subjected to the same publicity and consultation arrangements as the original statement. The great majority of the EAs are undertaken under the following regulations: Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (SI No. 1199) as amended. Environmental Assessment (Scotland) Regulations 1988 (SI No. 1221). Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 (SI No. 1217). Highways (Assessment of Environmental Effects) Regulations 1988 (SI No. 1241) as amended. The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 (SI No. 442). The Environmental Assessment (Afforestation) Regulations 1988 (SI No 1207). STAGES OF EA An EA includes several stages not just the preparation of an environmental statement. The stages include: 1. Screening, to decide on which projects should be subject to environmental assessment. Criteria used include threshold, size of project and sensitivity of the environment. 2. Scoping, defines the key issues which should be addressed. 3. Environmental Statement preparation, this contains the objective and scientific analysis of the scale, significance and importance of the identified impacts. 4. Review, as environmental assessments are usually carried out by the project proponent, the studies are often reviewed by an agency or panel who guide the study and advise decision makers. PROJECT SCREENING PROCEDURES Screening defines the coverage of projects for which an EA is required. There are various procedures for identifying this, in the EC directive this is achieved by a list in Annex 1 and 2. These were revised in 1999 to include more projects and tighten up the decision making process. Annex I contains projects for which an EA is always required, Annex II lists projects for which EA is required in certain circumstances the new regulations sets a range of threshold values for Annex II projects. Small developments which themselves fall below the the thresholds can still require an EA if they add to a cumulative effect of other small projects. New requirements are also placed on those who prepare Environmental Assessments, such as the need to evaluate alternative project proposals and justify the project selected on environmental grounds. PROJECT SCOPING PROCEDURES Scoping is the process which considers the actual or perceived problems associated with the construction, operation and decommissioning of the project. Many of the impacts of a proposed development may be trivial or of no significance to the decisions which have to be taken. In practice, a decision will generally turn upon only a small subset of issues of overwhelming importance. Scoping is designed to identify the main issues and those issues perceived as being of importance in the eyes of the regulatory agencies, interested groups and the local community. (The terms of reference or 'scope' of the assessment is decided). This sets the terms of reference for the environmental statement. This helps the developer to assess whether the scheme is feasible and anticipate some of the more obvious impacts and their mitigation. This is an important stage and requires the establishment of a team with the appropriate depth of skills. A study of first 100 ES in the UK found that often the poor quality of an ES could be traced back to inadequate scoping exercises; with the result that significant environmental characteristics were not identified and considered in adequate detail during the data collection stage. Scoping generally requires some combination of site visits, literature and policy reviews, an initial data collection exercise and a first round of consultation with interested parties. This will require the assembly of a multidisciplinary team to consider the range of issues raised. Methods such as the Leopold Matrix are often used to give a structure to the scoping process. The Leopold matrix needs all the actions which make up the project to be listed at the top of a table. The Environmental Chracteristics (such as air, water and ecology) are then placed in the first column. The boxes on the table then are divided with a diagonal slash. In the upper lefthand corner of each box a number from 1 to 10 is assigend which indicates the MAGNITUDE of the possible impact: 10 represents the greater magnitude of impact and 1 the least (no zeroes). The sign before each number shows if the impact is beneficial (+) or damaging (-). In the lower right-hand of the box a number from 1 to 10 indicates the IMPORTANCE of the possible impact (e.g. regional versus local); 10 represents the greatest importance and 1 the least. This is usually accompanied with a discussion of the significant impacvts impacts with high toal scores. The matrix can be filled in by a single expert, a panel (then collating the results), or in consultation with interested parties eg. Very Small Leopold Matrix Project Features Constructi on Environmental Characteristics 4 Ecology 8 1 Air Quality 2 4 Water Quality 5 9 Total 15 Effluent Discharg e Transpo rt Total 3 2 9 5 6 3 4 8 9 11 6 7 3 18 16 20 3 13 16 16 11 40 12 43 The main problem with interaction matrices is that the action/single-effect format is unrealistic and leads to difficulties in identifying sequential impacts and causes. Also, categories of actions or types of indicators are mutually exclusive, whereas in reality they overlap considerably. The Leopold Matrix tends to be subjective because each assessor develops his or her own mental ranking on the 1-to-10 scale. The Matrix fails to identify uncertainty (arising from insufficient information) and environmental variability, including the possibility that extremes might present unacceptable hazards. Its ease of use makes the interaction matrix a useful tool for initial stages of an environmental impact assessment despite its numerous limitations. The prime value of an interaction matrix is illustrative rather than analytical. PREPARATION OF AN ENVIRONMENTAL STATEMENT In order to assess the impacts of a scheme it is necessary to characterise the existing conditions. This requires the collection and study of existing data and the commissioning of 'baseline' surveys. Existing data can include aerial photographs, OS maps, soil and geological surveys. This data is used to identify gaps in the data sets and decide what sort of field surveys are required. These need to be carried out following a systematic, replicable methodology so that differences in later surveys can be attributed to the development (or other factors) not methodological errors. Around 300 environmental statements (ESs) are produced annually and their quality, and that of the EAs of which they are part, varies from the exemplary to the poor. Consultation is a legal requirement to ensure the public are fully informed of the effects of a development and have an opportunity to discuss the scheme, its impacts and mitigation before a planning decision is made. Consultees should be approached as early as possible so that objections are identified at an early stage when modifications can be more easily incorporated in to a project. Reference should be made to statutory and non-statutory bodies consultees: The next stage is the identification of the possible impacts, evaluation of their effects and possible mitigation measures. Typically an ES would have several sections, i.e.: Planning framework Development proposal Archaeology Ecology Landscape Water quality Air quality Waste Traffic Social effects Non-technical summary These elements are considered in terms of: Baseline conditions Development features Anticipated effects Mitigation Residual impact The potential environmental impacts of a project can be predicted and evaluated by a variety of techniques depending on the type of impact and project. Methods include: subjective assessment/experience baseline assessment/site monitoring physical modelling mathematical modelling behavioural studies risk assessment The use of computers for mathematical modelling has expanded greatly in recent years with the availability of powerful PCs and specific software for environmental evaluation. The environmental impacts can then be assessed in terms of significance and compliance with appropriate environmental standards and/or community expectations. Once the main impacts have been identified mitigation measures can be examined. These may be just ensuring effective management or control of a site or may involve measures which form a permanent and integral element of the development and its operation. This will also involve measures to monitor the effectiveness of mitigation measures. Mitigation measures can include: select alternative location modify site layout modifying working practices during construction control impacts arising from development (pollution control) landscaping and screening structures traffic management/road improvements financial compensation off site tree planting (recreation, wind shelter, CO2 mitigation) As well as mitigation measures there could be possible measures to enhance aspects of the project to provide habitats etc. These should also be considered. The results of these studies are incorporated in to an environmental statement, which should communicate the findings in a clear and logical manner. REVIEW OF ES The review stage is carried out by the statutory body responsible for the EA, where it is ensured that the EA has been adequately completed within the terms of reference. The decision on planning permission is then made. This is often not the end of the EA process as many projects may end up at a public enquiry or in parliament discussions, where the ES will be under great scrutiny. It is therefore important that is written and technically prepared to a high standard so that its integrity is not questioned. Even if planning permission is granted, the EA continues via monitoring of the actual impacts of the development and monitoring of the accuracy of predictions made in the ES over the lifetime of the project. EXAMPLE OF EA FOR WASTEWATER TREATMENT PROJECTS Projects for wastewater treatment fall under annex II, i.e. wastewater treatment sludge disposal in the UK it is up to the local planning authority to decide if an EA is required for such a project (an appeal is allowed to the Secretary of State for the Environment against a decision to undertake an EA). The ES is submitted with the planning application to the local planning authority, copies are sent to the consultees and also made available for public comment. Statutory consultees for such a project would likely include: EA local and county authorities Countryside Commission English Nature HMIP MAFF Non-statutory consultees could include: riparian owners local anglers RSPB British Waterways parish council tourist boards etc. The positive impacts of wastewater treatment need to balanced against the potentially negative factors such as health hazards, visual and landscape impacts and nuisance due to vermin, odour or traffic. There are a great many legal acts to be observed and ideally the proposal should adopt BATNEEC and BPEO. The scoping exercise requires a multi-disciplinary team to consider the range of engineering, environmental, economic, social and other affects a new sewage works is likely to have. The main environmental impacts are those associated with the processes involved in treatment and disposal of effluents and sludge. There are also more general considerations associated with built development projects during the construction of the plant and its subsequent visual impact The table on the next two pages considers the major issues likely to arise from the development of a sewage works; the causes and effects of the impacts; it also identifies the relevant prediction tools and standards and finally summarises possible mitigation measures. EXAMPLES OF THE IMPACT OF WASTEWATER TREATMENT PROJECTS ISSUE Air Pollution Odour Stack emissions Water Quality Pollution from effluent discharge Sludge disposal Land Soil contamination Physical Processes Scour around outfall Natural Habitats Changes in aquatic ecology around outfall (cont.) POSSIBLE CAUSE TYPICAL EFFECTS PREDICTIVE TECHNIQUES APPROPRIATE STANDARDS MITIGATION Process and operation of the works Public nuisance Examine histories of complaints Emissions from sludge incinerators and dryers Reduce air quality; public health Plume dispersion models Directives on incineration and air quality Unauthorised trade pollutants; insufficient treatment; sensitive waters Poison and kill wildlife; degradation of aquatic ecosystem; health risk to bathers. Hydrodynamic and water quality modelling Runoff from agricultural land; landfill leachate Lower water quality; affect ecology Model runoff and leachate generation EA discharge consents; various directives (i.e. UWWD and Bathing Waters) Directives on sludge disposal to agricultural land and landfill ??? Level of treatment appropriate for receiving waters; strict supervision of discharge consent. Use appropriate waste management procedures Application of sludges Build up of heavy metals; pathogens affecting cattle Study soil chemistry and application rates Directive; UK regulations (1989) Follow practices set out in legislation; control composition of sludge. Erosion of banks or rock armour Bank instability Model scour Settlement of solids; oxygen sag; eutrophication Lower variety of species; increase in pollution tolerant organisms Case histories, water quality modelling. Design works to avoid odours (i.e. covers and odour control units) Control composition of sludge; pollution control technology Locate outfall to minimise scour; protect banks Design standards for outfalls; discharge consents; directives Upgrade treatment; accept limited degradation EXAMPLES OF THE IMPACT OF WASTEWATER TREATMENT PROJECTS (cont.) Health and Safety Health Hazards to humans and animals Pathogens in sludge, effluent and aerosols Endanger health of grazing animals; Risks to humans consuming shell fish, bathers, workers and local residents Socio-economic Land Values Siting of new works Land and house prices fall Good site selection and screening Polluted beach; odours; health risks; loss of nature conservation sites. Pumping Decline in local economy; reduced number of visitors Site works away from amenity areas; landscaping, Improve treatment Soundproofing; use less noisy equipment Construction buildings; stacks. Damage construction Visual intrusion obstruction Leisure and Amenity Reduced amenity value Noise Cultural Heritage Visual intrusion Loss of heritage sites site; chimney during Case studies, water quality modelling; air dispersion of pollutant modelling Shell fish; Bathing water; Sludge application, air quality directives Directives Reduced number of visitors and Loss of site of cultural or conservation significance Landscape assessment Local authority planning Examine maps of heritage or conservation sites before construction Countryside Commission; English Heritage Improve treatment; follow H&S procedures Screen or reinstate site; design of structures Surveys to avoid sites; relocation; habitat creation EXAMPLE: PORTSMOUTH AND HAVANT WASTEWATER TREATMENT PROJECT The supplementary handout contains the non-technical summary of the Environmental Statement relating to the proposal to treat the sewage from Portsmouth at Budds Farm STW and discharge the effluent from the existing long sea outfall at Eastney. The UWWD secondary treatment of urban wastewater' and fixed effluent standards are set for populations in excess of 10,000. Portsmouth currently discharges screened sewage through a 5.7km long sea outfall. This will sewage will now require secondary treatment. Various options in Portsmouth were discounted and the plan is to pump the sewage to Budds Farm Nr Havant for treatment and return the mixed Portsmouth and existing Budds Farm effluent for discharge from the Eastney outfall. Although wastewater treatment works fall under Annex II this project requires an EA because: Langstone Harbour is a SSSI and a RAMSAR conservation area the pollutant discharges are of public interest, i.e. ERASE the scale of the project has implications on more than a local level Nearly 60 main impacts of the project have been identified and these have been classified for the nature, duration, significance and geographical level of importance after mitigation measure have been implemented Scoping was carried out in consultation with: Portsmouth City Council, Hampshire County Council, Havant Borough Council, EA, Langstone Harbour Board, English Nature, English Heritage, MAFF, RSPB, Hampshire Wildlife Trust Several predictive techniques were used to arrive at the impacts on: Water Quality Mathematical modelling of tidal movements incorporating the dispersion and residence time of pollutants and bacteria Odour Baseline monitoring and use of the All Terrain Dispersal Model computer software used commonly in air pollution studies. Landscape Subjective assessment and flying of balloons Historic Buildings Subjective assessment based on discussions with English Heritage and Portsmouth City Council Traffic and Highways Subjective assessment and predictive calculations based on construction and operational plans. Ecology Field surveys and desk top studies and consultation with RSPB, English Nature and Hampshire Wildlife Trust Noise Comparison of predicted levels associated with construction and operating practices with baseline conditions. Land Contamination Desktop studies and surveys Sludge Recycling Subjective assessment/experience Baseline assessment/site monitoring Others Subjective assessment/experience Baseline assessment/site monitoring The main findings of these studies are summarised in the Non-Technical summary Handout.